London Borough of Bexley v V, W and D
| Jurisdiction | England & Wales |
| Judge | Mr Justice Keehan |
| Judgment Date | 16 June 2014 |
| Neutral Citation | [2014] EWHC 2187 (Fam) |
| Docket Number | Case No: DF13C00133, DF13C00134, IL13C00903 |
| Court | Family Division |
| Date | 16 June 2014 |
[2014] EWHC 2187 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Queen's Building
The Royal Courts of Justice
Strand
London WC2A 2LL
The Honourable Mr Justice Keehan
Case No: DF13C00133, DF13C00134, IL13C00903
Mr David appeared on behalf of the London Borough of Bexley
Ms A Dixon appeared on behalf of the First Respondent
Ms T Mclevy appeared on behalf of the Second Respondent
Ms J Dezonie appeared on behalf of the Third Respondent
This matter is listed for a directions hearing at my direction in light of the contumelious failure of the London Borough of Bexley to comply with directions set out in an order of 12 May 2014. By paragraph 19 of that order the local authority were to file their final evidence by 4.00pm on 2 June. That deadline was itself an extension of time by the order of 17 February. The local authority had originally been ordered to file its final evidence by 22 May. On the front of the order of 12 May, as appears on all of the orders in this matter, there is set out in bold a requirement that each party shall comply timeously with court orders and any party who finds themselves unable to comply with any direction is required to apply to me via my clerk for an extension prior to the expiration of the time for compliance. Nothing was received from the London Borough of Bexley to further extend time for their compliance with filing their final evidence. Eight days after they were due to file their final evidence emails were received from solicitors for the other parties notifying the court of the failure of the local authority to file its evidence.
On 10 June an email was sent by my clerk to the London Borough of Bexley asking why they had not complied with the court order. On 11 June a reply was received from the solicitor having conduct of this matter setting out various factors that led to the local authority being unable to comply with paragraph 19 of the order of 12 May. Accompanying that email was a number of care plans for some of the children. When a further email was sent asking when the local authority would comply with filing all of its final evidence, a reply was received on 11 June indicating that the solicitor would be in possession of full instructions the following day and would contact the court. No email was subsequently received. The final evidence of the local authority was filed and served at 9.21 on Saturday, 14 June.
Counsel for the local authority today helpfully filed a position statement which repeats the reasons given by the local authority for failure to comply. It was said on behalf of the London Borough of Bexley that no application was made for an extension of time because it was not known when the local authority could comply. That is simply not good enough and it will not do. The consequence of the local authority failing to file its evidence in time has delayed the other parties being able to comply with their duties under the order and accordingly they will now be late in filing their evidence. I have today granted extensions of time to each of the other parties to do so.
I am told this morning that the London Borough of Bexley has not filed or served an amended schedule of facts. By paragraph 15 of the order of 12 May they were to do so the following day, 13 May, by 4.00p.m. They have not done so. I am given no explanation as to why they have not done so. I am told that an amended schedule of facts will be filed and served by 9.00am tomorrow morning.
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Re W (Children)
...for five months was shocking." Again, I agree with every word of that. 5 On 16 June 2014, in London Borough of Bexley v V & Ors [2014] EWHC 2187 (Fam), Keehan J denounced what he called "the contumelious failure of the London Borough of Bexley to comply with directions set out in an order" ......
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Brent London Borough Council v D
...by resource issues, the court will not tolerate a failure tocomply timeously with orders (see Bexley London Borough Council v V [2014] EWHC 2187 (Fam)).With respect to the failure to comply with case management orders I repeat the following wordsof the President from his Seventh View of the......
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Essential Daily Guidance for Proceedings Concerning Children
...10 Re C (Children) [2012] EWCA Civ 1489. 11 Re B (A Child) [2012] EWCA Civ 1742. 12 London Borough of Bexley v V, W and D [2014] EWHC 2187 (Fam). 13 Re T (Children) [2015] EWCA Civ 606. Re TM and TJ (Children: Care Orders) 14 – a collaborative approach is required. Court bundles Practitione......