AB v CD (Financial Remedies: Failure to exchange witness statements)

AB v CD (Financial Remedies: Failure to exchange witness statements)

Relief from sanctions was refused because the application was not made promptly, the failure to comply was intentional, there was no good explanation, the Applicant was responsible for the default, and the late filing prejudiced the Respondent's ability to prepare, undermining fairness and the administration of justice.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
08 June 2025
Procedural Posture
Financial Remedy Proceedings / Application for Relief From Sanctions at Final Hearing
Outcome
Application for relief from sanctions refused
Legal Topics
Financial Remedies, Witness Statement Exchange, Relief From Sanctions
Family Law Financial Remedies Witness Statement Exchange Relief From Sanctions

Case Brief

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Financial Remedy Proceedings / Application for Relief From Sanctions at Final Hearing

Legal Issues

  1. 1 Whether the Applicant should be granted relief from sanctions for late filing and exchange of her witness statement

Ratio Decidendi

Relief from sanctions was refused because the application was not made promptly, the failure to comply was intentional, there was no good explanation, the Applicant was responsible for the default, and the late filing prejudiced the Respondent's ability to prepare, undermining fairness and the administration of justice.

Court Disposition

Application for relief from sanctions refused

Orders

  • The Applicant may not call oral evidence based on her late witness statement unless further permission is granted.