Cancelling final hearing for finance

Hi

We have a final hearing coming up and I think it won't happen as is being done by consent.

Is it just matter both side agreeing by email to say that the final hearing should be cancelled ie and one of us emailing the court to say the hearing should be cancelled? Or is there forms to fill in?

Thanks

You would need to apply to the court to vacate the hearing. The easiest way to do this is to agree an order between you and apply to the court for an order by consent and also ask that the application be dealt with urgently in light of the final hearing and so that the hearing can be vacated.

If you can't get this done before the hearing, you will need to attend and communicate to the judge that you have an agreement. Don't expect the judge to be in a good mood though the court time could be reallocated if you deal with this all in advance.

Charles

Thanks Charles.

So if I understand correctly the steps are:

1. Apply for the Consent Order as the first application. Ask them to consider urgently as their is a court hearing coming up.

2. Once the consent order is approved make a separate application to court to vacate the hearing. What application form do I choose?

3. If point 1 doesn't happen in time, can I just turn up to the hearing instead of ex and I and say we both have agreement and application for consent has been made. Ex has solicitor instructed and does he need to be there to say this to the judge?

Thanks

The consent application, if accepted by the court, will end the proceedings so the hearing does not need to take place.

It is possible to both write to the court excusing your non-attendance at the hearing and requesting that the consent application be considered by the judge during the time allocated for the hearing. However this is risky as it's not guaranteed for the letter/application to reach the court on time or at all.

The most appropriate option will depend upon when the hearing is to take place. If it is very soon, it might make more sense for the solicitor to attend and explain that there is an agreement, If you do not have a solicitor you would be better off attending too as the judge will want to ensure that you are aware of the ramifications of the order to which you offer consent.

Previously it was easy to send a fax to the court or hand deliver a letter but these days it's nigh on impossible to get a letter to a judge without making an appointment to hand deliver this in a 'drop box' or by sending it to a bulk post centre with a 14 working day turnaround.

Court resources are at an all time low and set to get worse.

Charles

Thanks a lot Charles!