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Arithmetical error by judge in final order

  • kings road
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03 Oct 12 #359107 by kings road
Topic started by kings road
I have just discovered an arithmetical error in the schedule of assets prepared by judge and used in calculating the order after the final hearing. He transposed the savings in my bank account with those of my stbx reaching the conclusion that I held more savings and therefore led to him awarding me a smaller proportion of other assets to achieve the final settlement awards to each of us. The correct figures were in the schedule of assets prepared by my barrister? The effect is I will be £50k approx short on the settlement I should have as his error means he concluded I already held this amount in my bank acc when fact i had less than a tenth of this amount. This has already been a long and protracted divorce beset by problems and delays and non disclosure by stbx which led itbto a final hearing. What can I do as the order has now been sealed? Neither my sol or barrister spotted the error and I only did when checking figure I needed following the sale of an asset. I have always maintained the judgement was unfair in view of stbx''s non disclosure and other cheating and misrepresentation and now wonder if this arithmetical error is also evidence of other errors made in reaching the judgement? Can anyone arise what I should or can do? Should my legal team have spotted this?
Thank you

  • NoWhereToTurnl
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03 Oct 12 #359108 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Kings road,

The first thing to do is correlate the appropriate documents, underline the errors in red, enclose a covering letter & copy of the order and send to the court for the attention of the DJ who sealed the order.

What you have described may fall into the category of a Barder event in that the assumptions on which the order was made were false.

I would do it as soon as possible and send your solicitors a copy with a covering letter asking them to check the figures as you believe there has been transposition of information that has adversely affected your financial security.

Good luck and best wishes,
NWTT

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03 Oct 12 #359112 by kings road
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Thank u NWTT. I have advised my solicitor but waiting for a response is driving mad. I find it hard to believe such a basic error has been made and seriously wonder if he has made other errors which led to what I have always consider a perverse order. I was shocked when the judgement was so kind to my stbx when he had lied and cheated and tried to hide money abroad - it''s a long story some of which in earlier posts. Thank you for your advice and I will try to stay calm as wait for news from sol. Just worried that judges error will cost me yet more legal fees to correct it.
Thank you
KR

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03 Oct 12 #359113 by u6c00
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It might be that you can complain to the solicitors as they failed to notice the error.

If you do then they may be obliged to correct the issues for free (or at least at a reduced rate).

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03 Oct 12 #359115 by NoWhereToTurnl
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KR,
I dont know when you contacted your solicitor but the reason I said to write to the court was because only the DJ can change the order. If the solicitor has been negligent they might try to fob you off.

You should not incur further costs if this is an error of the court and they happen far more often than you would expect.

Do the paperwork asap, take it personally to the court and make sure you get a receipt.

Best wishes,
NWTT

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18 Jan 13 #375050 by kings road
Reply from kings road
Thanks for the advice but it gets worse. The judge has been informed of the error and his solution is that I should pay my ex a substantial sum of money and take a larger % of an asset which is proving difficult to sell ( been on market for over a year). It''s a rental property and whilst I already have the greatest share of this capital asset my ex receives the income it produces by order of the judge. If I am to pay my ex I will have to borrow the money which is bizarre and as the judges error was about cash assets surely it should be sorted by a cash award not this nonsensical solution proposed by DJ?

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