Just because a judge lists this for Directions don''t assume the judge agrees the appeal is valid, it''s just a process that must be followed, it''s what is said at the hearing that matters not the fact that the hearing was listed.
You have a right to your file. What you may find though is that if you haven''t paid all the fees they believe are due that they will put a lien on the file and refuse to give it to you until you have paid up.
this happened to me in the past and also included some of the personal files I had collated which I LENT them. I never got them back but luckily for me I did have files from a previous solicitor who didn''t behave that way.
The trouble is if you cannot get your file that you cannot carry on properly with your case and cannot have your rights to a fair trial.
I hope this does not happen to you.
If this does the best thing is to pay up and carry on and then maybe you will have a case of professional negligence against them as and when you are proven right (lets assume and hope that you are).
So - latest update, any thoughts much appreciated, I feel very alone in all this. Soon to be ex-solicitor warns me that my ex & solicitor may now ''freeze'' the pay-out of the Pension to me. The Pension was awarded to me 12 months ago and finally the Pension Providers have told me they are about to pay out to me (are complying with Order...)....and I am being told that, as there is a yet another Court Hearing(and my ex this time HAS to attend...)
I have put myself in jeapardy because I HAVE CLAIMED THE PENSION "and therefore will not be coming to Court with clean hands" ?!
Does this make any sense?
You need to do your best to enforce the order of the judge which in any case is on merit especially as your husband was in contempt of court for not complying with maintenence not giving a reason, failing to attend the hearing which enforced 100% pension and then appealling - which is frivolous and an abuse of process.
Write to your solicitor, get the file and enforce yourself and if you have no joy from the pension provider and your solicitor get straight back into court within two weeks.
"The Pension providers have finally acknowledged that they must pay it out as it has the DJ''s signature in lieu of my ex-h''s (haven''t received it yet...).
12 months ago I was awarded ALL of it- 100% plus Lump Sum because of ex''s non-payment of periodic Payments and failure to attend 3 Court Hearings....."