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Judge refused Consent Order

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04 Sep 12 #353771 by frozenman77
Topic started by frozenman77
I have recently had my Consent Order refused by the Judge because, "The Respondent''s undertakings must be given in accordance with the practice presently in force".

I have requested they tell me which of the Respondent''s undertakings has caused the refusal(there are only two). But the court staff keep telling me that they aren''t allowed to offer legal advice. Not what I had asked them for anyway!

It seems like they are intent on keeping it a secret. Not very helpful.

Any thoughts or ideas warmly welcomed. Thanks.

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04 Sep 12 #353775 by dukey
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Court staff cannot give legal advice, its as simple as that, when your talking about a consent order only a solicitor can advise particularly when a judge has raised a technical issue which s/he has, in short and simple terms the order is written wrong.

It needs to go back to the drafting solicitor for amendment.

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04 Sep 12 #353781 by frozenman77
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Thanks, but I didn''t request legal advice.

All I wanted was to be told which undertaking the Judge refused? That doesn''t seem too unreasonable to me? Can that really be counted as legal advice?

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04 Sep 12 #353783 by dukey
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It is yes, it is not for court staff to suggest what undertaking the judge is unhappy with, nor is it for the judge to walk a solicitor through what is wrong.

The judge is simply there to make sure the order is fine in terms of law and technicality.

Ad i said only a solicitor is qualified to provide guidance, consent order by their very nature can be complex orders and must be water tight and correct.

Its not a big issue it just requires some re-wording.

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