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Reserved Judgement following Final Hearing

  • JoT
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07 Dec 07 #8632 by JoT
Topic started by JoT
I am the applicant wife in a long drawn out divorce which finally went to final hearing four weeks ago. The first judge appointed to sit at the hearing contacted my solicitor to enquire whether the two day trial was justified as he was hoping to reduce the hearing to a single day. The respondent's team then asked that judge to recuse himself from the case for having had contact with my team. The judge stepped down. At last moment a Deputy District Judge was brought in. This DDJ has NO family/matrimonial experience whatsoever but instead specialises in bankruptcy/insolvency/civil litigation.

The court in which the case was heard then failed to furnish the DDJ (seven days before the final hearing) with the trial bundles and so we arrived at court on Day 1 to hear the DDJ proclaim that he had not seen any of the papers until an hour ago. Whereupon he promptly adjourned for 3 hours (to read 1000+ pages!). Needless to say, he struggled to understand any of the contents of the trial bundle esp. the complexities of pension sharing etc.

He was unable to reach a judgement at the end of the two day trial. He took 21 days to provide us with a written judgement. It is clear that the DDJ has exercised his discretion unreasonably and given a perverse judgement in light of the evidence which was presented to him.

Can a DDJ without any family law experience really sit at a final divorce hearing and expect to understand the complexities of a case?

I am now looking for an experienced Barrister to take me to appeal. If anyone can recommend a rotweiler I'd be grateful!

  • Vail
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07 Dec 07 #8642 by Vail
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JoT,

Sorry but I don't know any rottweiler barristers but you might be interested in the judges' guidance, an extract of which can be found on:

www.jsboard.co.uk/downloads/fambb/11_ancillary_relief.pdf

I doubt if any barrister would pursue a case with the same vigour as a party do it. All I can suggest is that you do some homework and hound the barrister until he/she becomes the rottweiler you need.

  • attilladahun
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07 Dec 07 #8651 by attilladahun
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What area of the Country?

I can certainly recommend someone in Liverpool area

  • loobyloo
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08 Dec 07 #8663 by loobyloo
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hi jot
I just had fdr at which no resolution was reached, the judge presiding gave his opinion albeit of no help as by dong that he de barred him self from being able to do fh, As only small courts he will be the only judge until feb. He ordered us a 2 day fh in liverpool courts but stipulated had to be full time judge . Can i just ask when they say 2 days is it literally 2 days or 2 slots with dj on different days
got to wait til after easter now
regards and take attilladahuns advice ... hes in the know
looby

  • when will it end
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09 Dec 07 #8715 by when will it end
Reply from when will it end
I would recommend No5 Chambers, they have a barrister by the name of Param Bains, she is excellent.

The chambers is based in Birmingham, but they have connections up and down the country, hope that helps

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