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his sol fails to comply with directions 3 times!

  • starting_out
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24 May 12 #332792 by starting_out
Topic started by starting_out
My ex-husband has applied for leave to appeal against a decision made in my favour by a district judge in January 2012. I am a Litigant in Person, whilst my ex has counsel and his solicitor. Two hearings were abandoned because his solicitor has not yet provided me with key documents. On 24 February 2012 she was directed to provide me with a transcript of the hearing in question. She was also directed twice to provide me with a document bundle. On 22 May at the latest hearing, the judge was so exasperated, he handed me his own bundle and has ordered the hearing to take place in a week. This was after a 20 minute break in which he asked the other side to come up with reasons for not supplying me with the documents. They had no good reason but attacked me to make me look unreliable.

I have just discovered that even his bundle does not have the full transcript, only the judgement.

I need the transcript in support of my skeleton argument. It is an essential document and I now have less than a week to prepare, whilst they have had months.

What can I do?

I believe this is straying into the realms of illegal behaviour. Similar dodgy incidents occured during the run up to our final court order (I never had sight of the letters instructing a joint expert). This is undermining my ability to make my case and it is just plain wrong.

Please help. I''ve already lost a great deal of money through the aggressive divorce, no pension share, nothing left at all.

By the way, she has a personal connection to his family which makes things far more heated and combative.

I am facing huge costs if I lose, but I have been trying for months to get the documents and the hearings keep being postponed. This cannot be right or fair.

Any advice gratefully received.

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25 May 12 #332845 by Support4U
Reply from Support4U
As a Litigant in person you will be ok as long as you can point out the mistakes in procedures etc. What you need is a penal notice and to make the right application next time you are in front of the judge.

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25 May 12 #332853 by starting_out
Reply from starting_out
Thanks. The judge has ordered the hearing to take place next week - 31 May! I''m trying to put together my skeleton argument now that I''ve their full details, apart from the missing transcript piece.

they did try to make me look inconsistent in front of the judge.

Could you tell me a bit more about the penal notice. It''s important to clearly show that costs have been greatly incurred pn both sides by the failure of his sol to get everything ready twice and now approaching a third time! BTW, is it his appeal application not mine.

Thanks again for any further advice.


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