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debarring order?

7 replies

cestlavielife · 04/05/2011 09:53

rumbling court hearings for financial separation - two-day trial for june 1-2.
after last hearing april my sol was uspposed to file further evidence by 22 april.
this is very minor to general position - refers to couple thousand pounds max I am claiming in addition to equity from flat sale.
so - my solictior late in filing - easter break etc - exP now gone all leagl and says "Unless I am served with the evidence by 12.00 noon on the 5th May and you write formally agreeing to an extension of time for my response to the 25th May I will immediately make an application to the Court for a debarring Order."

what is he trying to do? delay the trial date? dismiss my evidence - this partiuclar bit - as is late (as i said, this wont make much substantial difference to the main claim anyway; my full evidence bank statements etc was submitte dback in january) or can he actually use this to try and affect the whole case?

(he is self repping but has gained a barrister friend since the new year who is helping him)

OP posts:
Collaborate · 04/05/2011 10:12

No such thing in the family courts, but if it means that the final hearing can't take place, then there might be a costs order against you. Presumably it's nearly ready anyway? This is only the 5th working day after the deadline. But you must try and get it finished and filed ASAP.

cestlavielife · 04/05/2011 10:46

solicitor finalising it now - so should be with him later today by email. it really is not substantial at all - eg fact that i have paid all water rates for three years for the property out of my own account.... bullk of evidence was filed previously - and considering he has yet to file any evidence at all to back up his outlandish proposals...hey ho.

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cestlavielife · 04/05/2011 10:47

PS it is a TOLATa claim jointly wiht schedule 1 childrens act claim relating to two joint owned properties (one is buy to let) that i want to get my equity (plus % for children) out of by selling

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babybarrister · 07/05/2011 08:42

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cestlavielife · 08/05/2011 23:54

kernott i think - "Five supreme court justices will have to resolve whether a court can decide what consitutes a fair distribution between Leonard Kernott and Patricia Jones, who separated in 1993 after sharing the home in Thundersley, Essex, for eight years." (link would not work)
but basis of my claim is 50 50 share - but to seek something for children as he hasnot paid any maintenance and likely wont as unemployed - but will on paper have equity on sale

OP posts:
cestlavielife · 08/05/2011 23:57

www.dwf.co.uk/news/xprNewsDetail.aspx?xpST=NewsDetail&news=1186

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babybarrister · 09/05/2011 08:36

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