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What will happen if ExP of my BIL does not turn up at the final hearing

(4 Posts)
sneezecakesmum Thu 25-Aug-11 13:45:42

to decide the division of property? BIL has a barrister lined up and has submitted a rock solid case, proving not only is her defence rubbish, but she lied in her initial statement, forcing a case that should have been straightforward into all this expense.

Obviously this is costing him £££s but if she doesnt show up who will foot the bill to re hear the case, or will they just award him what he wants?
If she is the one to pay for the next hearing will the court inform her of the consequences of not turning up?

She has up til now self repped, but BILs solicitor said she must now get representation. What happens if she doesnt?

cestlavielife Thu 25-Aug-11 13:56:25

it depends.
if she just doesnt turn up with no reason given or
if she send something eg text saying "i am not turning up" as my exP did - then the judge could be asked to issue an order with penal notice on it -abasically turn up next time or go to jail. also it said if you dont run up next time the decision will be made without you. which is what happened with my exP - we got another hearing booked for two months later (first available slot)

the work done now for statement etc can be carried forward with little revision so the work isnt wasted as such but yes she can also be asked to pay costs .

so prob yes would get adjourned but with penal notice - he shoudl amke sure barrister asks judge to sign a notice saying this. (in thenot turned up for eharing i didnt need to go into judge - it was done via clerks - ie order to say turn up next time or else - so at least that time was saved.

next tiem eh did turn up this time with GP letter saying he was too ill (MH_) to take in waht was happening. judge was concerend about his mental capacity but made some directions (by next time we need this info and that info) and set dates for another one hour hearing and a final two day "trial".

the one hour one progressed some more and the next hearing got final order to sell jointowned property and apportion of equity was decided (exp was still in his "i dont udnerstand what is going on i am too ill" phase bu judge felt the facts of the issues were clear regardless of his MH state or otherwise and made decision based on facts and evidence - he has til december to vacate property tho in realty it may take longer to sell so he may end up staying bit longer.

so anoying as it is - if she doesnt turn up it yes delays things but may end up with her being jailed if she doesnt turn up next time!

cestlavielife Thu 25-Aug-11 13:56:58

if you dont run up next time = if you dont turn up next time

sneezecakesmum Thu 25-Aug-11 21:03:22

Can't help wishing she doesn't and gets jailed!!! (naughty)
Thanks for that info I thought there would have to be some penalty, and just read court notes from first hearing and it says something about penalties but not specific. ExP is mentally ill alright as in psycho. So glad it all went right for you in the end, what a nightmare it all is when its so simple but the other party is being bloody minded. When this ExP got divorced 15 years ago she ran up a legal bill of 9.5K - shock constantly taking exH back to court when kids were brought back 30 mins late etc. Poor bugger committed suicide in the end, but the bitch had to repay her legal aid bill out of the equity she got, so a tiny bit of justice in the world.

Its usually men being the shites but in this case its the woman, she really is evil and makes me livid, but poor old BIL is getting there now smile

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