Re Telephone Hearing

Help, |Help, Help,

I have a very, very, long and complicated case still going on after 6 years.

My ex husband recently put in an application for the FMH to be reduced in selling price... to hasten the time whereby he gets his money. It sounds simple... but far from it due to 6 years of changes from one hearing to the next, on and on and on.... plus dirty tricks by my ex husband and a whole host of other things that have caused chages in just about everything from where it all started 6 years ago, too much to go into now.

However.... his recent application ... he ticked the ''telephone hearing'' box on the form.

A telephone hearing was arranged.... but when I researched this, it stated that such a hearing can only take place if at least one party has legal representation... neither of us had any.

I wrote and objected to a telephone hearing because it gave too little time to prepare and submit any paperwork ( Judge was in a different court 50 miles
away !!! )and there were lots of issues that needed to be dealt with, many on paperwork and documents.

My objection was turned down. Today the hearing took place.

Usual mess. I do not agree with the new Directions to be sent out...so can anybody tell me.....

Is the law stil the same on telephone hearings....because neither of us had legal representation?

My ex even had the cheek to ask that I am charged with the cost of the telephone hearing, not him...... and the Judge agreed that this could be agreed to... and yet he rejected my claim for the cost of a £400 transcript to prove the the ex had gone back on his agreement in Court regarding something else resulting in a £10,200 direct loss to me.

I was not allowed to claim the £10,200 loss or the cost of the transcript.... ''all parties pay their own costs'' the Judge said, but this was not legal costs or anything... it was proving he had been in Contempt of Court over an agreement he had made himself.

Now the Judge staes that I may be charged to cost of todays telephone hearing.

I think I have cause and reason to Appeal... on the gorunds that a telephone hearing took place with no legal representative at all.... plus the whole ''package'' of new directions the Judge has said he will be issuing.

I think I have many new things to Appeal against... but can I start with the telephone hearing issue.. does anyone know if the law has changed on this?

Do I have a case on that issue alone even? I need to get rid of this Judge... he has made so many errors in Orders and Directions over these years it''s the reason it''s all still such a mess. He has already made 3 errors on the legalities of some issues... this could be yet another.

Please advise if you know the answer. Many thanks to anybody who has read this.

If the judge was prepared to hear the matter by telephone the decision will stand. You will not be able to appeal on that issue in my opinion.

As for the loss - if the case is still ongoing the court will have the opportunity to divide assets at a later stage which would include the £10200.

Charles

sorry...... but the settlement was ''all resolved'' at the Fianal Hearing... well according to the Judge anyway.

He refuses to deal with any of the issues about the losses incurred by my ex husband''s contempt of court... I have lost that money and have no way of now getting it back.

The Final Hearing was May 2012.

This is still going on because the Judge has made errors over and over again.

If you read ''Telephone Hearing'' on the Justice website you will see that it should not have been done without at least one legal representative.

I want to find out if there is a way of getting any update on that ruling.... to make sure it still exists.

In which case this Judge has made yet another mistake.

Stop fighting the Judge. They may want to make you scream and spit and swear but by spending your time trying to point out every little mistake they make rather than focussing on the matter at hand (separating you and your ex''s finances leaving you with as much as possible) you are damaging your position.

It must be awful having to carry this on your shoulders all the time and you have my genuine sympathy.