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Handing Down Hearing and Appealing

  • fedup44
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30 Jun 12 #340053 by fedup44
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Hi All

I have received notification from the court for the Handing Down Hearing in respect of the Final Hearing official decision. It states that:-

"neither party needs to attend unless they wish to make any representations on costs/expenses or seek Permission to Appeal." (if either party do they have to inform the court and other party not less that 24 hours beforehand)

I had no intentions of attending as i was satisfied with the draft order. However, this morning I received a letter from the S2BX that he will be attending the hearing. He has wrote the letter himself to the court and me, rather than using his solicitor. So I''m assuiming he will be representing himself?

Can anyone answer a few questions:-

1. Now, should I attend to find out what he will be appealing about?

2. What are his chances that the draft order will be amended/changed?

3. Will this delay the sealed court order being processed?

4. If it is worth my while attending should I take any correspondence? (As I''ve been a LIP throughout all these proceedings)

Any assistant really appreciated as soon as possible as the hearing is on Monday.

Im not surprised he is going down this road as his not been happy with anything that went slightly in my favour. But on the other hand he has always wanted this whole situation sorted out as speedy as possible. So I''m assuming his once again ignored the advice of his solicitor as his a "know it all" that knows nothing :laugh:apart from how to waste money....:laugh:

Thanks wikis

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30 Jun 12 #340061 by dukey
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1. Now, should I attend to find out what he will be appealing about?


I would, the appeal procedure is a little strange so don`t be surprised if he asks to appeal and the judge says no but the appeal goes ahead anyway, its just the way it works.


2. What are his chances that the draft order will be amended/changed?

It can vary some dont at all some vary big style from what the judge said at the hearing, for most though what the judge said at FH is what you will get.

3. Will this delay the sealed court order being processed?

No the order stands until a successful appeal, and bear in mind most are not successful.

4. If it is worth my while attending should I take any correspondence? (As I''ve been a LIP throughout all these roceedings)

Again i would attend, as for notes well you can take them but this is not a discussion this is a judgement so its not open to negotiation.

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30 Jun 12 #340094 by fedup44
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Thank you Dukey

I will attend as reccommended.

Does anyone know if costs are involved in appealing and who would be liable?

I really can''t beleive he wants to go down this road as we are not fighting over big money. The biggest asset is the FMH.

Oh well another day in court.

Fedup x

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30 Jun 12 #340098 by dukey
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Fedup

Appeals are very often cost sensitive so if he appeals and the appeal is not upheld he will get most if not all of the costs.

No one should appeal unless they have sought specific legal advice, its a risky business.

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