A Family Court judgment has confirmed that breaches of the Family Procedure Rules may result in hearings being adjourned, as well as creating a risk of indemnity costs orders being made against an offending party or their representatives.
Paralegal Heather Sharp examines the decision in T v T and others [2025] EWFC 14 (B).
Facts of the case
The applicant wife and respondent husband were married in 2015 and separated in 2018.
The wife issued financial remedy proceedings in March 2023, following which there were seven directions hearings. The wife was represented by counsel at three of the hearings and acted in person for the other four, whereas the husband was only represented at the first appointment and had since acted in person. On 8 March 2024, Deputy District Judge Emanuel joined three further respondents to the case, namely the husband’s mother, sister and the executor of his late father’s estate.
A final hearing was listed for 29 January 2025. On the day of the final hearing, out of the four respondents, only the husband and his mother arrived at court, but without representation. The wife attended court with her counsel, Mr Bailey.
Procedural breaches
The main issue in this case relates to breaches of the procedural rules, which had taken place prior to the final hearing. These were:
- The size of the bundle.
The wife’s solicitors filed two court bundles, totalling 2,747 pages. No permission had been granted at any of the seven prior directions hearings to lodge a bundle in excess of the standard 350 pages. In addition, the bundle was uploaded to the court portal late and was not properly bookmarked.
- Missing documents.
Despite the bundle being so large, the wife’s solicitors failed to include a chronology, statement of issues, trial template and open proposals for settlement (to name but a few key documents). It was also noted that while a summary of the assets and liabilities in the standard Form ES2 was filed, this was largely inadequate due to it being incomplete.
- Late filing of documents.
The wife’s counsel filed his position statement late (after 9pm the night before the hearing), thus not allowing the judge sufficient time to consider the case. As well as this, additional documents were provided on the morning of the hearing.
- Lack of clarity as to the wife’s case.
The judge, Recorder Chandler KC, questioned whether the wife had adequately set out her case and stated there was a lot of confusion regarding the wife’s stated claims.
- Lack of a qualified legal representative.
No qualified legal representative (QLR) was appointed in this case to assist the unrepresented respondent, despite Mr Bailey making a series of orders requesting such presence. The judge noted that while this was a factor he would look into, it did not deter from the fundamental breaches of the well-known rules.
Adjournment of final hearing
Recorder Chandler KC said that “failure to comply with rules, practice directions and guidance adds significantly to the burden upon the court”. He concluded that the applicant’s breaches of the various procedural rules were “so significant” that he had no option but to adjourn the final hearing.
In addition, the judge said that due to the applicant being legally aided and the respondents acting in person, no purpose would be served by making a costs order. However, he concluded that “in other circumstances, I would be making a costs order against the applicant, potentially on the indemnity basis.”
Final thoughts
Senior associate Ellie Hampson-Jones comments: “The final hearing is typically the hearing at which proceedings are concluded, but the applicant’s breach of the procedural rules has delayed the conclusion of this case.
To avoid unnecessary delay and enable the court to make final orders in a case, parties should ensure they are well represented and that the key procedural rules have been complied with. This is an example of why properly instructed legal representation can help clients and an overburdened court system deal with matters more efficiently and cost-effectively.”
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