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Judgment after hearing - how long is too long? 2 weeks? 2 months? 6 months?

  • Jason33
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06 Jul 23 - 06 Jul 23 #521385 by Jason33
Topic started by Jason33
We had the final hearing for ancillary relief in early May.

I was an LiP but used a direct access barrister for the hearing.

The case is relatively simple - no complicated pensions, investments, cross border affairs or anything. Just one asset - the family home, the "FMH" (and our individual state pensions).

And the judge had all the information he wanted on the day, detailed bundles from both sides.

How long is it reasonable to wait for the judge's decision? He didn't give any indication of his thinking on the day but said he'd send his decision later.

After a month passed and we heard nothing I contacted my direct access barrister. He said that we can't do anything, we just have to wait.

Another two weeks later, I contacted him again and he said that there's nothing he can do (which I appreciate, of course, it's not in his hands).

Then two months after the hearing I contacted him again but, to be honest, I feel like I'm bugging and annoying someone who I appreciate has no control over this and no way of giving any timeframes.

But how long is too long? And what else can I do here?

Thank you.
Last edit: 06 Jul 23 by Jason33.

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08 Jul 23 #521388 by Jason33
Reply from Jason33
Nobody?

  • cantstopcrying
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08 Jul 23 #521389 by cantstopcrying
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Have you tried ringing the Court yourself ?

They are normally very helpful.

It may just be waiting to written up. There are long delays in most courts.
So I do not think it's unreasonable to be waiting this long. But do understand how frustrating this must be for you.

They would be able to put your mind at rest and they may be able to give you a timescale.



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21 Jul 23 #521472 by Jason33
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Thanks for your replies.

It seems this was "underlisted for time". In other words, the judge was paid for the time at the hearing itself but not for the time needed now to reach a judgment and draft the ruling!

  • .Charles
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27 Jul 23 #521488 by .Charles
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Judges get a salary and it makes no difference what they do.

They are supposed to deal with judgments timeously but it is possible that there are delays caused by holidays, illness, urgent work.

There is also the possibility that the matter has slipped between the cracks which happens a lot these days.

I would definitely contact the Court specifying the date of the hearing and the failure of the court to provide a written judgment. Then chase up each week. If they fail to respond you can make a complaint.

Sometimes this is the only path you have when things go wrong. Think of it like a derailed train - other trains are going by but yours is waiting at the side of the tracks. You need to shout to get attention.

Charles

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