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Final hearing, missing disclosure

  • M2020
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  • Senior Member
08 Dec 20 #515043 by M2020
Topic started by M2020
At the FDR the court order said each party should, two weeks before the final hearing, serve on the other party updated financial disclosure to include all bank and building society account statements since the last statement was filed and up to date evidence of liabilities. The Applicant’s solicitor has sent me the updated financial disclosure but without any supporting documentation.
I have written to the Applicant’s solicitor and pointed out the wording of the order and that disclosure was incomplete and I have asked for all the bank and building society statements and other missing documents. They have not responded and the final hearing is now less than two weeks away. What can I do to make them comply with the court order?
I have provided full supporting documentation with my disclosure.

  • littleproblems
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08 Apr 21 #516438 by littleproblems
Reply from littleproblems
I'm not sure you will see this as I noticed you had posted something more recently to say your financial settlement was complete but thought Id take the chance and ask you a question.

You mentioned a couple of times that your ex did not comply with court orders and did not submit supporting documents. Were there any repercussions of this for them? I am going through a court case now and my ex has not been co operating at all, not disclosing shares, savings accounts etc and at the present time has not been reprimanded for it which I think is incredibly unfair. It is causing me stress and more work than what it should be but at our last hearing (which was meant to be the FDR) the judge said not one word to him about not complying but instead sent out further directions for him to comply...he still has not and I am no clearer as to his financial predicament!

  • M2020
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09 Apr 21 #516449 by M2020
Reply from M2020
In my very limited experience there will be no repercussions where the other party is late in producing documents, even if you have to file schedules of deficiencies and apply for penal orders to be attached to court directions, if they are eventually provided. Yes it will cause you more work and an incredible amount of stress, but unfortunately the court isn’t really interested in that.
I suggest you file a schedule of deficiencies and if doesn’t comply ask the court to attach a penal order to the court directions.
Where the court considers the other party has shown ‘litigation misconduct’ it may be relevant in relation to costs, but it is extremely rare for the court to award costs. Practice direction 28A, in particular para 4.4, explains when conduct can be taken into account when considering costs, but it doesn’t really reflect delays in producing documents or complying with court orders.
I suggest you read this recent case where costs were awarded. www.bailii.org/ew/cases/EWFC/HCJ/2020/52.html

In my case, I had to issue a number of schedules of deficiencies etc, but at the last moment the documents were provided. My ex refused to reasonably negotiate and at the final hearing the judge did consider whether to award costs, but decided not to as the settlement at the final hearing was £2k more than my open offer.

I wish you luck, and although it’s hard not to, try not to get too stressed; solicitors, barristers and judges have seen all kinds of behaviour before and will continue to do so. It is nothing new to them, even though it’s the centre of your life at the moment.

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