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Hi All,
Recently had what would have been my Final Hearing....
I'm litigant in person
I submitted my Evidence late for my Statement, and then added amendments to said statement.
Ex's Barrister gave judge no room to maneuver on day and gave him option of:
1) throwing my evidence and amended statement out and continuing with trail that day
2) simply making a final judgement in favor of Ex
3) postpone hearing so as to allow my evidence to stand but award ex's her costs for the day...... some £2, 400 plus VAT(to be assessed later by judge)
Judge dismissed us for a break (about 1 hour) then on reconvening (having reread my statement, chronology and evidence) decided to postpone hearing for a month and award ex her costs for the day.
Now my question is this..... the family procedure rule was incorrectly quoted by her barrister in in skeleton arguments document that he submitted. Verbally the ex's barrister was correct in his assertion however he has misquoted the wrong rule number in his argument..... by this mistake i am now entitled to challenge due to the incorrect citation of the Family Planning Rules?
Part of my late submission shows that Ex lied to police/judge to gain exparte orders...... can i challenge and seek reversal of residency on this as ex used lies/coercion to have me removed from house and main carer 9 months ago..... if so any help in which FPR to use.
Also, if fellow member are willing would you post some of the skeleton arguments that you have use as these may be helpful.
Many Thanks
sorry not Family Planning Rules but meant Family Procedure Rules 🙂
Hi there
I think you could appeal the decision, as it's a point of law, but not sure what form you would use, maybe a call to the court? ...or perhaps you could write to the judge, pointing out the error on the part of her barrister, and ask for the judgement to be set aside on that basis....I'm not legally trained though so I could be wrong. Perhaps a call to the Child law advice line might be useful to get some clarification. Sorry I can't be much help here.... Yoda is on tomorrow I think and is more clued up on procedure, hopefully you'll get a better response.
All the best
Best thing to do if you feel you have "grounds for an appeal" is to fill out a EX107 form asap. I would quote Opus 2 for transcribing the hearing so you can put in a argument for appealing the decision.
However, with this said you may either waste your time and money as appealing can be costly also cost of transcribing a 1 hour long hearing is approx £300 - 400.
HOWEVER, if it is shown that the barrister lied in court etc, you can use this for your next meeting with your ex and state this in your position statement citing where the barrister mislead the court or got it wrong.
I hope that makes sense?
1) EX107 form, email to court
2) put Opus 2 on the form to transcribe it
3) Find the correct form to appeal
Finally, I am confused as to why this got thrown out? Judges normally read literature on the day... thats what my ex's barrister does, he turns up with a statement and exhibits, on the day and say's to read it.
Hi,
Thanks for replying.
Sorry my initial post may have been a little confusing. The final hearing was stood down so as to allow my evidence to stand. the rearranged hearing is now later this week...... so It didn't get thrown out in the end...... however this was at the cost of the hearing being postponed and costs awarded so that justice could be done and that the other party had time to review and respond..... I believe that had my additional submission not amounted to much then the hearing would probably have gone ahead that day and a final judgement already made.
We shall see what comes of it on the day. 🙂
PS we were given dates to comply with submitting statements and evidence..... i think its up to the judge how he wants to play things in that respect.
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