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D11 !!!

  • s3xyfi
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09 Apr 21 #516451 by s3xyfi
Topic started by s3xyfi
Hi All

I need some advice, STBX is playing a dirty game with the finances, the fdr was vacated without my knowledge and had emailed the court to change dates without me being copied into emails.
This is the second time emails have been sent without me knowing, the second adjournment without my consent. Every paperwork exchange that has been done has not been simultaneous, i receive theirs days or weeks later. I have been threatened by their friends for the content of paperwork.
when i asked the judge to look into this i was advised that the court will not do anything without a D11 being completed.
What order do i ask for? This is now being dragged out to July (Until they move it again) and it is having a massive impact on my life !

  • hadenoughnow
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10 Apr 21 #516454 by hadenoughnow
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Is your ex LIP or do they have a solicitor?

After form E you do not need paper work to be exchanged simultaneously but it should be done by court deadlines if possible.

It sounds like the big issue here is that your ex is not copying you in to communications with the court. The question is whether a D11 application at cost is appropriate to deal with this.

Have you written formally to the other side to request an undertaking that they copy you in on correspondence with the courts??

This may help. It is the Practice Direction that covers communication with the court.

Communications with the court
5.7
(1) Any communication between a party to proceedings and the court must be disclosed to, and if in writing (whether in paper or electronic format) copied to, the other party or parties or their representatives.

(2) Paragraph (1) applies to any communication in which any representation is made to the court on a matter of substance or procedure but does not apply to communications that are purely routine, uncontentious and administrative.

(3) A party is not required under paragraph (1) to disclose or copy a communication if there is a compelling reason for not doing so, and provided that any reason is clearly stated in the communication.

(4) A written communication required under paragraph (1) to be copied to the other party or parties, or their representatives, must state on its face that it is being copied to that person or those persons, stating their identity and capacity.

(5) Unless the court directs otherwise, a written communication which does not comply with paragraph (4) will be returned to the sender without being considered by the court, with a brief explanation of why it is being returned.

(6) In addition to returning a communication under paragraph (5), where a party fails to comply with paragraph (1) the court may, subject to hearing the parties, exercise its case management powers under Part 4.

(7) Paragraph (1) does not apply to communications authorised by a rule or practice direction to be sent to the court without at the same time being provided to the other party or parties or their representatives.”.

Hadenoughnow

  • s3xyfi
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10 Apr 21 #516459 by s3xyfi
Reply from s3xyfi
Thank you for the reply.

They are LiP also. I have sent documents as court has requested. Why the court is allowing these requests of moving dates without my knowledge is beyond me.
It was the court that stated if we want them to do something then it would be a case of filling in a d11.
It seems unfair that im the one who has paid to take this to court and yet they can play games with the dates. I have pointed out several times that i must be included on emails to the courts but this appears to have fallen on deaf ears, with no comeback.

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