PRACTICE AND PROCEDURE: Re X and Y (Bundles) [2008] EWHC 2058 (Fam)

22 AUG 2008

(Family Division; Munby J; 22 August 2008)

It was over 8 years since Practice Direction (Family Proceedings: Court Bundles) [2001] 1 FLR 536 had been issued, and over 2 years since Practice Direction: Court Bundles (Universal Practice to be Applied in all Courts other than the Family Proceedings Court) [2006] 2 FLR 199; the continuing failure by the professions to comply with their obligations regarding bundles was simply unacceptable. In the instant case the various errors had led to an adjournment; it would not be fair or just to expose a practitioner to the sanction of being publicly identified in judgments delivered in open court without fair public warning having been given that the sanction was available and that it might be applied in appropriate cases. The professions had however now been warned; next time a defaulter might not be so lucky as to go unidentified.

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