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Appealing a Final Hearing Order- chasing justice

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04 Oct 12 #359319 by QPRanger
Topic started by QPRanger
As recommended by an esteemed Wiki on another thread I''d be interested to read peoples'' comments on this theme.If anyone has the time or inclination I invite them to read my previous posts to get an idea of my experiences through the courts this year to reach the point I now find myself at...

I WILL be appealing my Final Order (self repping), regardless of the chances of success due to the appalling decisions made by the judge at both the FH and last week''s Directions Hearing. My ex will have no legal representation at any appeal so the costs should be kept to a minimum.

I strongly believe that the judge failed to follow the guidelines set out in section 25 of the Matrimonial Causes Act 1973 and therefore made a perverse and unfair order, failing to ask the respondent to provide written evidence to back up the statements she was making under oath.

I believe that his decisions were prejudiced by the reasons for divorce given by my ex on the divorce papers: reasons I strongly opposed but was advised by my solicitor and barrister at the time to not contest as the courts would be unable to make a decision if the Decree Nisi hadn''t been issued.

However my faith in the legal system is at such a low level now that I would be gobsmacked if a circuit judge will overturn a decision made by a district judge.... if I appeal will the district judge be forced to justify his original decision?

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04 Oct 12 #359324 by dukey
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No the DJ does not have to justify a judgement though many do when handing down.

As you know if you do appeal it goes before a circuit judge, this judge will decide if the order will be set aside, but understand they need a very good reason before they will, in your case it sounds like none disclosure would be the way to go.

Was the Directions hearing to consider if the appeal will be granted out of time?.

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04 Oct 12 #359330 by QPRanger
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No it was to enforce the element of the order that said the FMH was to be sold if my ex failed to comply with the other points of the order. The judge decided not to enforce this, despite the evidence I provided.

The Order was made in June, it took a month to get some of the written order, and a further month to get the missing second page of the order. I therefore need to seek leave to appeal out of time, but as the court did not send me details of the original order quickly I could not have been expected to appeal within the original 3 weeks.....

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04 Oct 12 #359342 by dukey
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You applied to enforce and now intend to appeal?, I think you have no chance, you can''t apply to enforce then appeal you''ll be refused.

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06 Oct 12 #359573 by QPRanger
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Well the whole system is a total joke then. The original order stated that my ex had to bring our mortgage uptodate immediately and return the family car to the finance company immediately or the FMH would be sold: three weeks later she had done neither so I applied to enforce. By the time I managed to get in front of the judge again (over 2 months later) surprise surprise my ex decided to return the car and bring the mortgage uptodate the day before. The useless judge (the same one who made the useless original order of course) couldn''t see through her actions and backed his original decision. As she clearly breached the original order I shouldn''t have neeeded to appeal...... justice in this country stinks.

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06 Oct 12 #359580 by dukey
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But what else could the judge have done, the judge cannot enforce when she is not in breach, did she have reasons for being late sending the car back and not getting the payments up to date?, i bet she did.

Judges give a fair bit of discretion when you act alone, so do enforcement officers.

Trying to appeal out of time after you tried to enforce is a bit like buying a burger eating it and then going back and saying you made it wrong so i want something else.

If you do appeal it must be made to a circuit judge and should be made within 14 days of judgement, not the say of the hearing 14 days from when you got it, that is long gone so the first job is to apply to appeal out of time.

You say the order is perverse and made without full disclosure, are you sure?, have you talked it through with a lawyer to make sure you have reasonable ground to appeal, if not it should be the first thing to do.

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06 Oct 12 #359584 by QPRanger
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But she WAS in breach: she kept the car a further 3 months, hid it when the finance company tried to repossess it soon after the June order was made (the agreement is 10 months in arrears) and only returned it the night before the Directions hearing because she knew it would look bad if she still had it. The order was to bring the mortgage uptodate immediately and make subsequent pmts on time: she paid nothing until the mortgage co had issued repossession proceedings and then paid as and when it suited her.

My solicitor dropped the case like a hot potato the day after the June hearing and had just pursued me for the money I owe him for his services, knowing full well I was relying on my share of the equity from the house sale to pay him. He did however advise me to apply for directions to enforce after a few weeks if my stbx failed to do what she should do. The barrister he insisted I has represent me at the final hearing has NEVER been back in touch with me in relation to my case, not even the courtesy of a debriefing.

As it is I am tied to a mortgage on the FMH for the next 20 years with no trigger point to get out, despite it being a short marriage (6 years), and us having no children (my stbx''s daughters are both over 18 and neither in full time education). My stbx contributed nothing to the purchase of the property and paid none of the bills. My Dad has a Deed of Trust for £35k on the property as well and will probably have to commence TOLATA proceedings to get the woman out of the FMH and his money back..

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