Ambush! Last minute top representation...

Hi All, I''ve got FDA (/possible FDR) this coming Monday morning first thing, we were both self-repping, and just after 5pm Friday (just now!) I received notification that she''s instructed top city lawyers and barrister for Monday and I''ve been sent a big position statement with loads of case law etc. It''s a bloomin'' ambush! Am I within my rights to say to the judge this is completely unfair and can we postpone the hearing? I feel like this is turning up for peace talks and she hasn''t just brought a pistol for self defence, she''s turned up in a tank!!! I know the Judges are supposed to allow for self-repping but this does seem like very low tactics and I''m uncomfortable finding out at this late hour. Any thoughts?

Whether the Judge will accept your position is unknown, but I would definitely give it a go to apply for an adjournment. This would certainly not be allowed in a civil case, which I practiced for many years. How are you supposed to read the case law in a weekend and prepare any defence or response.

Good Luck

Thanks HeadKnowsHeartDoesnt. Yeah it''s a bit of a shock at the moment. Once the heart slows down and I''ve processed it in my head I''ll probably be more relaxed. I guess what this might mean is that we don''t use the FA as FDR, we could still go ahead and just do the FA perhaps, unless I might get stitched up for MPS because of being outsmarted by a high-flying barrister, in which case I''ll take an adjournment!

Well I''m sorry to report that the ambush worked - judge didn''t seem in the slightest bit bothered with my appeal to adjourn based on the ambush and inequality of arms, instead just let her barrister drive the whole session and so I''ve ended up being pushed into a number of agreements I''m really unhappy about... justice eh?! Every time I go to a family court I get more convinced that it''s a complete and utter lottery based on what judge you get and what mood they''re in. Might as we be LiP all the time, if the judge has got it in for you, no lawyer will help, and vice versa.

Well to be fair you both have the right to be represented, I doubt many judges would adjourn in your case, you cannot be forced to agree anything at FDR, you always have the option of thinking about it and then deciding.

In my FDR the judge hadn''t read the case notes and to be honest it seemed like a waste of time and money and nothing was agreed. You could just look at this as a trial run to test your case and see where your case is not as strong as it could be and then just plan for the final hearing. You haven''t spent any money on it so it''s disappointing that you didn''t achieve what you wanted but nothing is binding from it and you will get a different judge for the final hearing.

Thanks Dukey. We didn''t do FDR, we didn''t have time even if it was appropriate.

Despite it being an FA, her barrister steered the Judge on to my divorce petition, misrepresented the matter, and encouraged the Judge to put a lot of pressure on the spot on me to change that, without really giving me the opportunity to think about it or get advice, the whole purpose of me asking for an adjournment. Even worse, I think they may have misled me about certain particulars which in my absence at the end may have been bolted on to the order. I await to see what is issued. If I have been misled I will apply back to Court on the matter.

I still think it''s a bloody disgrace that I was ambushed, and worse that the Judge let the ambush succeed. Is it not a basic tenant of law that there should be no surprises at Court, and there should be an equality of arms? There was also no respect for me having childcare commitments which surprises me - pretty poor that I get there at 9am for a 10am 30 minute appointment, I tell the clerk that I do have a hard stop (although at the time thinking it wouldn''t be an issue) and the Judge is unimpressed when I have to leave just before 3:30pm when we''ve been given 10-15 minutes'' judicial time?