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"By 4pm on 7 August 2018 both parties must send a written statement to each other"

Everyone knows what is expected and what to do.

Other Court orders are not so specific, they only mention a deadline without the specific information

"The parties are to file position statements by 2nd February 2018"

"The parties shall file and serve position statements by 4PM on 26th April 2018."

"The parties shall file and serve statements by 4.00pm on 30th November 2018"

"The parties to respond to the report and set out their positions by serving the position statements by 4pm on 13 February 2019"

(careful observer will notice four different date formats - no hour, 4PM, 4.00pm and 4pm)

Sometimes there are more details, such as number of pages (2, 4, undefined) as well as spacing (1.5, 2, undefined), there are no mentions of the font size, margin or paper size.

As a result, the first time I have a chance to read the position statement of the respondent is in the courtroom.

Even when we assume following the protocol when preparing the bundle, it is only the index (not content) that is communicated. See also related question about bundles: What is a reasonable timeframe to agree on the contents of the bundle?

Just wondering where to find a relevant regulation regarding the position statements and what is the exact protocol of filing them.


EDIT / UPDATE:

Just confirming that to file and serve means to file and serve to the court?

(throughout 5 court hearings the other party did not send me their, with the exception when it was explicitly "to each other")

https://courttribunalfinder.service.gov.uk/courts/croydon-county-court-and-family-court

Enquiries: enquiries.croydon.countycourt@justice.gov.uk
Listing: hearings.croydon.countycourt@justice.gov.uk
Filing and records: e-filing.croydon.countycourt@justice.gov.uk
Bailiffs: bailiffs.croydon.countycourt@justice.gov.uk
Family queries: family.croydon.countycourt@justice.gov.uk

And the best thing is - even if I find a piece of regulation, read it a few times to ensure I have a proper understanding - then I'm the only who knows it and others are breaking it and I have no way of enforcing it.

  • Details like spacing, font size, margin or papers size are usually set forth in a court rule of some sort, sometimes free standing and sometimes as part of a codified set of rules. Likewise the time deadline that applies when a date but not an hour is set and the means by which documents may be filed and may be served are usually set forth in a court rule. Given this and your prior questions it sounds like you need a set of court rules to represent yourself properly. Courts do tend to be lenient with regard to minor details of format with non-lawyers representing themselves, however. – ohwilleke Feb 14 at 20:14
  • "As a result, the first time I have a chance to read the position statement of the respondent is in the courtroom." Without answering your question, the terminology for what you are asking is what requirements the respondent had to "serve" the position statement upon you. In this context, "to serve" means to deliver documents to in a manner that complies with court rules. – ohwilleke Feb 14 at 20:17
  • The default formatting instructions are at Rule 5 of the linked material and timing and service are discussed in Rules 6-8. justice.gov.uk/courts/procedure-rules/family/… The complete family court rules are at justice.gov.uk/courts/procedure-rules/family/rules_pd_menu – ohwilleke Feb 14 at 23:40
  • "File" means with the court, "serve" means on the other relevant parties. If you have received nothing by the due date, you should ask the other party why not, but should not assume this is a breach of the order; there are various less-serious possibilities. – Tim Lymington supports Monica Feb 15 at 13:11
  • I need to compliment the respondent solicitors for knowing the book of dirty tricks: twitter.com/MichaelFreemanY/status/1097102295995764736 I have reported the thing to Solicitor Regulation Authority: Our records do not show that the issue you experienced forms a concerning pattern of behaviour. - it means they keep records, I really want to hire the dirtiest scumbag with the most complaints 🔥🔥🔥 – Michael Freeman Feb 17 at 11:59

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