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Final Hearing

  • hadenoughnow
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3 weeks 1 day ago #514241 by hadenoughnow
Replied by hadenoughnow on topic Final Hearing
The bundle has to follow a very strict format. It is set out in practice direction 27A. You can google it.

It needs to include court documents from each of you, court orders and notices, forms E without attachments and any expert reports - valuations, pension sharing etc.

It is put together in sections - usually 4. It has to be indexed and paginated so it is easy for the judge to follow.

Section D is where specific documents that you want to rely on in evidence should be put. If his solicitor is preparing it, they should provide you with the draft index a week or so ahead of the hearing so you can check if everything you want to ask the judge to consider is in there. If it isn't you should ask for it to go in. If they refuse, you may need to prepare a supplementary bundle which you send to the other side and the court a couple of days before the hearing.

It is really important that you set out your case well and can direct the judge to supporting evidence. You cannot expect the judge to have read everything. Remember the focus is on needs for housing and income, now and in the future.

Hadenoughnow

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  • cantstopcrying
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3 weeks 1 day ago - 3 weeks 1 day ago #514242 by cantstopcrying
Replied by cantstopcrying on topic Final Hearing
So does everything I am going to ask the Judge to look at or consider have to be included in either the bundle or my supplementary bundle ?

and does it need to contain a skeleton argument ?

Thanks
Last edit: 3 weeks 1 day ago by cantstopcrying.

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3 weeks 1 day ago #514244 by hadenoughnow
Replied by hadenoughnow on topic Final Hearing
Anything you want to rely on as evidence needs to be in the bundle. It must have been served (sent to) the other side.

You need a well presented open offer to settle. This can summarise the holes in his case as well as your reasoning in support of your position. A skeleton argument is something a barrister would do.

Your open offer needs to go the other side and the court a couple of days before the hearing, unless ordered otherwise. It should be included in the bundle.

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