A Wake-Up Call on Procedural Discipline for Family Law Practitioners

Family solicitor, Sophia Poliviou-Singh, reminds family law practitioners that the procedure rules must be followed or you risk provoking the wrath of the court.

In T v T & Ors [2025] EWFC 14 (B) financial remedy proceedings collapsed due to serious procedural failings, forcing the court to adjourn the three-day final hearing. The case involved a divorcing couple, and additional respondents tied to disputed family properties. Despite two years of litigation and multiple directions hearings, the case was not trial-ready when it came to being heard for Final Hearing.

Key Failures:
• Excessive Bundles: Over 2,700 pages were submitted—far beyond the 350-page limit without permission.
• Missing Key Documents: No case summary, chronology, or statement of issues.
• Late Filing of Documents: Vital documents filed the night before or day of the hearing.
• Lack of Open Proposals: A basic requirement in financial remedy cases was overlooked.
• Unclear Legal Claims: The wife's arguments lacked clarity and legal grounding.

Lessons for Practitioners:
1. Respect Bundle Limits – Courts won’t wade through excessive paperwork.
2. File on Time – Late submissions create unfairness and risk adjournment.
3. Make Legal Arguments Clear – Arguments must be well-articulated and evidence-backed.
4. Courts Aren’t Safety Nets – Judges won’t fix disorganised cases.
5. Costs Sanctions Possible – Serious breaches may lead to penalties.

The Bigger Picture:
This case reflects a broader problem in family law—poor procedural compliance leads to delays, higher costs, and wasted judicial resources. As echoed in past judgments, sloppiness is no longer tolerated.

Final Thought:
Procedural rules are not optional. Compliance, clarity, and preparation are essential for fair outcomes and professional credibility.

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The full judgment can be found here: https://www.bailii.org/ew/cases/EWFC/OJ/2025/14.html

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