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Even an Appeal Court Ruling isn''t enough it seems

  • artychokeuk
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26 Mar 12 #320159 by artychokeuk
Topic started by artychokeuk
This is essentially an update to my case:

Over 3yrs of legals including an appeal in my favour but still it seems, not enough.

Some interesting aspects:

1. It was our original, family conveyancing law firm who had always acted for me and my businesses that accepted instructions to act when ex-wife petitioned in AR after I divorced her. Dubious conduct by law firm perhaps?

2. I have commenced enforcement action using form D11, intending to self rep''.

3. Now, my own lawyer, (a different firm to 1. who acted up to the appeal,) has offered to try and resolve outstanding matters out of court at no cost. He volunteers that as professionals, he and barrister could be open to criticism for imperfectly drafting the Order.

4. It has been suggested we "hold off" the enforcement action to allow negotiations but I am reluctant. It seems the only means I have to exert any pressure to close this matter.

Comments welcome please. Thanks

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28 Mar 12 #320482 by jonathancj
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What exactly are you seeking to enforce? Yes, the conduct of the solicitors firm could potentially be criticised - they may well have had access to information about you and your finances which was entirely confidential to you.

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28 Mar 12 #320504 by artychokeuk
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My ex-wife''s solicitors hold all funds from house sale etc. (They acted jointly for us in the conveyance because they had dealt with all our conveyancing in the past.)

I have written twice instructing them to distribute funds in accordance with the Appeal Court Judgement. I have been ignored.
Not even a reply to second request.

It seems unprofessional in the least or is it me?

Yes, they have put themselves in an invidious position I think. They have a conflict of interest surely?

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