[Solved] Appealing Court Order

Can't really offer much other than i'd contact the court manager and send in writing what you have explained....maybe they can look at it objectively.
Remember to stay calm and collect while speaking and ask why they did not contact you.

do you hhave proof of going to the ex's solicitors to sign the forms etc? if so provide that with the letter to the courts.

not sure if it'll work but it seems too one-sided as you say

You could take advantage of the free half hour that some solicitors offer. Or get some advice from the CAB, or you could call Coram Childrens Legal Centre.

Ask whether it would be worth asking for the judgement to be set aside, I think that's practice direction part 13, although I don't know if it would be applicable to your problem.

Whatever you do you must do it asap as there are stringent time limits.

Good luck

Sounds like dirty tricks to me on behalf of her Solicitors!

I'm afraid Solicitors don't like people self representing so will use their knowledge of family law against you

Very sad to think these Solicitors are abusing their position & don't care about the real truth

I think like the other guys have said, you should contact the court and inform them you were kept in the dark over this, and had you known to attend, you would have done so.

The fact that you weren't contacted, and the solicitor didn't contact you, means it wasn't your fault for non attendance. Thats common sense talking of course.

I agree it's very sad that solicitors look down upon and sneer at LiP's. At the end of the day a LiP is so because they can't afford solicitors fees. The fact that this particular piece of scum in your situation has taken advantage of the situation and superior legal knowledge to cost you money shows what a soulless deviant he/she really is.

At the end of the day litigation is a war of attrition that can only go on as far as the LiP's funds stretch to. Wiping out £4k of your war chest in effect is really going to damage your ability to fight your case. They know this, which is why they pull stunts like they have done inyour case, and why they drag cases out. They win more cases because of this, and they also milk the legal aid system of as much money as possible.

Scum, the lot of them.

If you can't apply to set aside, I would definitely appeal because it goes to a higher court but you must do it quickly.

Hi there,
Just a note to thank you for this. Yep - I attended court office, and the staff there were excellent.
I stuck in an appeal and will see where it goes, and also logged a complaint with the Solicitors' Regulation Authority.
I suspect this was simply an opportunist move on the part of the other solicitor, but it still seems pretty dirty.

It strikes me as a ridiculous system. You have three weeks to appeal a hearing, but after 2 weeks the court still have not let me know what the outcome was. (The other solicitor contacted to let me know the outcome, if not the fact that the hearing went ahead!) In fact, I was ordered to comply with documents by 26th May, but as of 30th may, the court have still not told me I have to do this!

And then, of course, at an appeal, I am not allowed to bring new evidence! When my appeal is on the basis that I was not given opportunity to present evidence in the first place...

Anyway, I really appreciate these pointers.

cheers
Simon

Thanks for this - I did actually pay for a quick 20 minute consultation - and was told "hard luck! that's how it goes sometimes!"
In fairness the court didn't have my number, but the other solicitor can get hold of me very easily...

Thanks for this - I did actually pay for a quick 20 minute consultation - and was told "hard luck! that's how it goes sometimes!"
In fairness the court didn't have my number, but the other solicitor can get hold of me very easily...

Having gone through a similar situation I'd make them chase you for any money if you have to pay!

Tell them you can't afford to pay in one slump & they'll hopefully accept instalments

Annoyingly my response got destroyed due to a dodgey internet connection.

I am pleased you have lodged an appeal and complained to the SRA.

What strikes me is that an order should have been drawn at the hearing. The solicitors are likely to have drafted this so a draft copy of the order should exist already. They should be able to give you a copy particularly as there are deadlines. At the moment it is potentially hearsay that you owe 4K (but probably likely - due to misrepresentation).

You should try and correspond as much as you can with the solicitor to elicit as much detail as you can.

I believe you should also request a copy of the transcript of the hearing so at least you have an idea of what was said. For the £100 it costs, it may save you the 4K!

I would try it on and bring the transcript particularly as you may find out that they have lied in court potentially claiming you were contacted when you clearly werent?

brilliant - thank you