FACT FINDING IN THE FAMILY COURT: ERRATIC WITNESSES AND BEHAVIOUR ON DISCLOSURE WHERE THE CONDUCT WAS NOT FAR SHORT OF CONTEMPT

FACT FINDING IN THE FAMILY COURT: ERRATIC WITNESSES AND BEHAVIOUR ON DISCLOSURE WHERE THE CONDUCT WAS NOT FAR SHORT OF CONTEMPT

January 28, 2018 · by · in Bundles, Civil evidence, Conduct, Disclosure, Members Content, Witness statements

We have looked at “fact finding” by the courts many times.  The fact finder in a family case has a particularly  arduous and unenviable task . The judge has to  assess evidence that is often highly charged, and where there…

THE PERILOUS STRATEGY OF SERVING EVIDENCE LATE: DENTON APPLIES: A RELEVANT FACTOR IN A SUMMARY JUDGMENT APPLICATION

THE PERILOUS STRATEGY OF SERVING EVIDENCE LATE: DENTON APPLIES: A RELEVANT FACTOR IN A SUMMARY JUDGMENT APPLICATION

January 28, 2018 · by · in Applications, Extensions of time, Members Content, Relief from sanctions, Sanctions, Summary judgment, Witness statements

The case of  Crown House Technologies Ltd v Cardiff Commissioning Ltd & Anor [2018] EWHC 54 (TCC) highlights the dangers of waiting to serve evidence until the last moment. If it is served late then a party requires permission of the…