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1st Appointment - NON APPEARENCE

  • markhensby
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24 Dec 07 #9481 by markhensby
Topic started by markhensby
Hello All,

Can anyone help? I have a secheduled 1st appointment immediately after new year, and
1. It will be very difficult for me to attend (for distance and financial reasons), and
2. I have not received, statement of issues, questionaire, chronology or form G form the applicant's solicitors - I am the respondent. I am supposed to have these at least 7 days before 1st app.

The other side have abused greatly the FPR timetable on other occassions eg taking 8 weeks to serve AR proceedings notice rather than 4 days. Also X;s form E has an unanswered question relating to intention to cohabit.

What will be the effect if I don't turn up but rather write to the DJ requesting an ajournment based on the other side's abuse of process.

Many thanks

  • Fiona
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24 Dec 07 #9482 by Fiona
Reply from Fiona
Unless the judge has agreed an adjournment beforehand it's not a good idea not to turn up and not (triple negative??) get your side of the story across. Paperwork being late is a common complaint I'm afraid.

  • Jacko
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25 Dec 07 #9496 by Jacko
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I agree with Fiona it would be better for you to turn up even if the other side hasn't sent you a statement of issues, questionaire, or chronology they may well have sent it to the court by the timetable set by the court. Make sure you raise this with the court when you attend.

I don't believe you need see their form G as both you and the other party use this form to notify the court whether you are in a position to attend or not.

I'm in a similar position though my x2b's sol has written to tell me they are unable to supply this information due to the Xmas hols.

  • markhensby
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25 Dec 07 #9499 by markhensby
Reply from markhensby
Dear Fiona & Jacko,

Thank you for your kind and constructive comments.

The other side have already agreed to one short adjournment as my X and I had agreed basic terms of financial settlement. A draft Consent Order was sent to me but it contains 3 relatively minor issues, that, having taken advice I was advised not to accept.

The other side are a highly litigious firm and do everything they can to prolong the case. It could have been settled in 2002 (£20K) and 2005 (£50k) ON BETTER terms than my X is not proposing (£90k). There are marital assets of about £275,000-00, but a marital debt pool of about £150,000 all in my name and most of which relate to the refurbishment of the marital home (purchased derelict in 1997).

However, at this moment I still can’t see how I can attend, so I am proposing:

1. To write to the judge presiding with a letter requesting an adjournment on the following basis:
a. I am a litigant in person.
b. I can only take legal advice from solicitors who are friends and even then not experienced family lawyers.
c. I need to see the other side’s documents before any 1st Appointment to take advice.
d. If I do not see these documents before the 1st Appointment then I assert that my right to a fair hearing at that appointment is being VIOLATED, contrary to Article 6, European Convention on Human Rights.
e. In consequence of d. above this will lead to grounds of appeal on any subsequent decision made at any future hearing.
2. To include a letter being sent to the Solicitors Regulation Authority detailing about 8 serious grounds of Unprofessional, and in one case outright dishonest, Practise likely to bring the legal profession into disrepute. Put very simply the other side have for the last5 years put their own fee earning before that of their overriding duty to the Court and Their Client.
3. To include a letter to the DPP with evidence illustrating dishonest behaviour of the Applicant in trying to gain a pecuniary advantage in Civil Proceedings. She has lied in 2 Court Documents, the Petition and form E, and manipulated the benefits and legal aid system.

Any more comments would be appreciated, ASSUME I CANNOT ATTEND.

My Doctor has already written one letter to the Court asking for a small amount of time based on undue pressure affecting my health: she would write another I am sure.

Many thanks

Mark – On Christmas Day at 06:45

PS I hope you and all others of this super community have a very happy and Christmas Day – There is no hurry to reply to this.

  • attilladahun
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25 Dec 07 #9505 by attilladahun
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1. To write to the judge presiding with a letter requesting an adjournment on

[He should refuse the application unless you can genuinely show a medical reason and if not if you fail to attend -you will likely pay the o/sides legal costs -be v careful especially as you say they are litigous]

a. I am a litigant in person. [So what!]
b. I can only take legal advice from solicitors who are friends and even then not experienced family lawyers. [What is the point if they are not family law solicitors -its like getting a domestic electrician to sort an electrical fault in a neuclear power plant!]

A draft Consent Order was sent to me but it contains 3 relatively minor issues, [does this mean you were close to a settlement -it was only minutiae that needed sorting?]

that, having taken advice I was advised not to accept [So you are seeking advice from non family lawyers when only minor issues arise...brilliant decision making there- if the issues are minor then raise them at the 1st appointment- the DJ may assist -indeed if you are close to a settlement (why not use the 1st appointment as an FDR -BUT make it clear to the o/s you would like to do so BUT their failure to disclose docs prevents this...they may get their finger out in readiness for the hearing]

c. I need to see the other side’s documents before any 1st Appointment to take advice [It is the job of the DJ to manage cases [not have parties unilaterally decide an adjournment is appropriate] -see the overriding objective- link:-

www.liverpoolecho.co.uk/videos-pictures/...-fc-photos/rss.xmlif

docs are missing highlight the items in a questionnaire and seek an order from the DJ at the 1st appointment.

d. If I do not see these documents before the 1st Appointment then I assert that my right to a fair hearing at that appointment is being VIOLATED, contrary to Article 6, European Convention on Human Rights.[You have spent too much time reading that nonsense -the Court will merely order RELEVANT docs to be produced.

If you read the Overriding objective you are also in breach of the same in not assiting the Court to deal with the matter by not turning up. The case of Baker v Baker is authority for denying a party an order UNTIL they comply with an existing Court Order. This is why you will want, if necessary an order for O/S to produce the docs wanted"

e. In consequence of d. above this will lead to grounds of appeal on any subsequent decision made at any future hearing.

[Rubbish, rubbish, rubbish -so you opt out of attending the hearing in breach of a Court order and then you have the gall to attempt to threaten the DJ with an appeal....you are shooting yourself in the foot here and I would love to litigate against you!

2. To include a letter being sent to the Solicitors Regulation Authority detailing about 8 serious grounds of Unprofessional, and in one case outright dishonest, Practise likely to bring the legal profession into disrepute. Put very simply the other side have for the last5 years put their own fee earning before that of their overriding duty to the Court and Their Client.

[You are a complete star- Go ahead...make a complaint..but if you alege such conduct without just cause you just may find if they are litigous as ypu say you will get a Writ for defamation.

To include a letter to the DPP with evidence illustrating dishonest behaviour of the Applicant in trying to gain a pecuniary advantage in Civil Proceedings.
[Frankly if I saw such a communication before me I would suspect the author is a nutter!!!]

[You have to play them at their game...

At the 1st Appointment you will no doubt in your CONCISE statement of issues raise if necessary:-

(a) any litigation conduct ie failure to provide documents pesuant to the pre actio financial protocol

(b) the failure of the O/S to follow the spirit of the "overriding objective" by being litigous and dragging out the settlement process -if that is what you believe and no doubt (after 5 years) the costs are now becoming dissproportionate to the amount of the sum in issue or the amount you are apart from the O/S.

She has lied in 2 Court Documents,

[ It may/ may not be critical to the case -only you can decide

If it is important you adduce evidence -Courts decide cases on evidence-
An example is a W who claims SM as she claims to live alone.
Whilst it cost £1200 for enquiry agents I recently had a W's SM dismissed when at a final hearing the Court hrd evidence from the Enq Agent and she was clearly shown to be lying -she was ordered to pay £2500 towards the costs of the hearing! Hurt them in the pocket its the only way!!]

the Petition and form E, and manipulated the benefits and legal aid system.

Indeed if her solrs know of additional assets that would disentitle her to L/A they are under an obligation to tell the CLS - this also means you can make representations to the Community Legal Service -

[She will of course pay all her legal costs back as you know]


3. To include a letter to the DPP with evidence illustrating dishonest behaviour of the Applicant in trying to gain a pecuniary advantage in Civil Proceedings. She has lied in 2 Court Documents, the Petition and form E, and manipulated the benefits and legal aid system.

Personally I think you need to move matters on and attend

That will help the Court and both parties to FOCUS on the relevant issues -

You complain that her solrs have dragged their feet and hint matters have been going on for FIVE YEARS!!!

If so what is the benefit to delay matters further...if the o/s are at fault raise the issues in your statement of issues not in the way you threaten it will alienate you with the Court.

Remember the DJ's discretion in cases is HUGE so upsetting the Court is not wise...sure you may well get a different DJ at the final hrg but they do discuss cases!!

I am sure you will read my comments and disagree but when the case finishes I guarantee that if you then see what was said you will then realise the sense in what was said.

Save yourself a great deal of time, money and hassle by addressing the issues now and move the case on.

  • markhensby
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27 Dec 07 #9566 by markhensby
Reply from markhensby
Thank you very much. I will revise my approach.

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