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consent order without my consent?

  • lawnmower
  • lawnmower's Avatar Posted by
  • Junior Member
  • Junior Member
08 Apr 18 #500629 by lawnmower
Topic started by lawnmower
both parties signed a Heads of Agreement and this was accepted by the court on the day with a date a few weeks hence for a mention. The other side drafted a Consent Order but added some details, I did not agree these and have not signed. I emailed the court to express my non-agreement and the other side (he is a barrister LIP, I am lay LIP) asked for the mention date to be vacated and agreement to be made "on the papers".

The other side will not meet with me, we have not agreed and I have not signed the Consent Order.

I have just received an Order by Consent declared by the same judge on the terms drafted by the other side (to which I have not agreed). How can this be?

Also - is there any ethical reason that would say that the judge sitting should recuse themselves if they know the new cohabiting partner of the other side (who is a family barrister in the same court as the judge)?

Thanks, this has really confused me!

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
10 Apr 18 #500668 by dukey
Reply from dukey
If you agree in court its common for the judge to ask one side to write it up, usually by a solicitor and then have a date to stamp it, make it official, if you ex a barrister asked it be completed with out a mention hearing then the judge decides, it seems the judge has sealed the order and its done basically, no going back.

You could try and ask for directions, not sure how much millage that would have unless the sealed order is factually incorrect.

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