London Borough of Bexley -v- V & Ors [2014] EWHC 2187 (Fam) (16 June 2014)

Posted on Thursday, July 17th, 2014

Claire RobsonThis case related to Public Law proceeding in which the matter had been listed for a directions hearing due to the failure of the Local Authority (London Borough of Bexley) to comply with directions set out in the Order of 12 May 2014.

The Local Authority failed to file their evidence and failed to request a further extension to file their evidence. After being chased by the parties and the Court the Local Authority eventually filed their evidence on Saturday 14 June, with an explanation subsequently being given that an extension had not been sought as it was not known when the Local Authority could comply.

In his Judgement the Honourable Mr Justice Keehan referred to the cases Re W (A Child) [2013] EWCA 1177 and A Local Authority v DG [2014] EWHC 63 (fam) and concluded that the failure of the Local Authority was stark, that the hearing would not have been required if the Local Authority had complied with the Orders and that it was right that the hearing was listed to address those failings. The Local Authority were therefore Ordered to pay the costs of the hearing and also the costs of a transcript of the Judgement.

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