Liberty to Apply

Regarding Liberty to Apply I realise this cannot change an order, it is purely to work out how to implement the order.

If I applied for a Liberty to Apply and the Consent Order was found to be illegal, could the Judge tell me this and advise me I should appeal, or is this not possible?

It''s liberty to "apply" as to "timing" and "implementation" all a judge can do is direct how it should or can be enforced, nothing more.

So will it cover my daughter and I legally as we are being ordered to do something that is not lawful? She is legally indemnified and I have equity rights but these are being ignored. So when documentation is drawn up as it is not legal it wont matter?

Regarding the order (not consent order). on the first page it states "AND UPON the applicants daughter having had note of these proceeding and having agreed that she holds the property as bare trustee for the husband and wife". My daughter did not have notice and she has not agreed that she holds the property for the husband and wife, in fact there is a trust declaration stating who the beneficiaries are.

What do all the "AND UPON agreement" statements mean as we did not agree them at the FH. We received an order from the FH stating "the application to be adjourned to a date to be fixed on request with all the proposals or agreed directions and time estimate.

The second page of the order is then headed "IT IS ORDERED THAT" so does that not mean there is an order for the "UPON AGREEMENT" statements?

It sounds as though a consent order was prepared as an indication of the order the other side sought to resolve the matter and that order was used - amended or otherwise - as the basis for the final order.

Charles

I cant find a solicitor who will take on drawing up the paperwork as they say it is illegal. Should I just construct something myself and both of us sign regarding handing over our beneficial rights to the property? as have a timescale to do it by, if its wrong its wrong?

Bounce it back to his side to draw up and let them have the headache?

There not bothered it is illegal so are now just ignoring it is a Bare Trust. But all the headache it has caused me just want to do it legally correct, but I don''t think I have that option do I? so shall I just sign there documents I wanted to cover myself so no repercussions in the future.