Being sued for damages

[Mumteedum]

My ex husband is a vindictive abuser. He's said he would take me to court previously about damages for losses he incurred when he failed to back up his website when we were separating our accounts. He accused me of sabotage and it was nothing but his doing. I have emails from the time showing what I did and said. Ie I tried to help.

My solicitor had advised, (and his agreed earlier) that he couldn't sue me as it should have been dealt with within the financial proceedings of divorce. He's emailed me to say that he's suing me in October.

Does anyone know how this could be possible? Unless he's alleging something new but it would be an utter fabrication if he is. I try and have as little to do with him as possible. I'd guess it'll be 18 months since financial hearing in October offers that's significant.

[prh47bridge]

What your solicitor meant is that he can't sue you successfully. There is nothing to stop him trying.

[MehMehAndMeh]

If he has had any legal advice, he will have been advised not to take this course of action as his chances of success are minimal at best. However, there is nothing stopping him filing the papers to take you to court for the incident. If and when the case (should he actually proceed and isn't just issuing empty threats) gets a hearing a judge will be unimpressed and dismiss the case.

What your solicitor meant was, he can't have a successful outcome as his case is baseless.

[Collaborate]

Final financial court orders on divorce sometimes have a clause that says the order deals with all claims one might have against the other in any jurisdiction howsowever arising. If you have one of these then provided the action complained of occurred before the order you should be OK, as you compromised his claim in the divorce order.

[Mumteedum]

Thanks all. I will check the order. The thing that is concerning is that he has stated several times in the past, that he cannot sue me because of signing it away in divorce (his words). He's acting now as if there is something that has changed and being very smug about it. Like childish "I know something you don't know".

We're in court next month already cos of child arrangements. He must make threats to go to court at least every month.

[Pipsqueak11]

Horribly bullying threat. Tell him you've had legal advice his case is a non starter and you have been advised to seek costs against him .the court will chuck this out . He can never prove his balls up is down to you.

[Lucysky2017]

That all sounds correct above. As my ex did some work for me we did an employment compromise/full settlement agreement on our divorce by the way, but not all divorces will full settle all claims. I was the person who raised that not our solicitors. I just wanted the certainty at the time not that he had said he would bring employment claims even if he could show he was an employee.