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Judiciary continues to clamp-down on non-compliance

Date:10 FEB 2015
Recent cases have shown an increasing dissatisfaction amongst the judiciary with non-compliance with court orders. The President of the family division Sir James Munby has been particularly vocal in his concerns about non-compliance. In Re W (Adoption Order: Leave to Oppose); Re H (Adoption Order: Application for Permission for Leave to Oppose) [2013] EWCA Civ 1177  [2014] 1 FLR 1266 the President stated that failures of parties in proceedings to comply with orders was'unhappily symptomatic of a deeply rooted culture in the family courts which however long established will no longer be tolerated'. This reinforced the earlier position of Lord Justice Ryder in Re W (Care Proceedings: Functions of Court and Local Authority) [2013] EWCA Civ 1227  [2014] 2 FLR 431 and was followed by later decisions such as that of Mr Justice Keehan in A Local Authority v DG and Others [2014] EWHC 63 (Fam)  [2014] 2 FLR 713 of Mrs Justice Theis in Kent County Council v C G and A [2014] EWHC 604...

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