Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Litigant in person, other sides solicitor being difficult

15 replies

yosemite78 · 10/09/2019 22:47

I have a finding of facts hearing coming up. I cannot afford a solicitor but have instructed a barrister for the hearing. I have things I want including in bundle but other sides solicitor keeps saying they don’t agree to them. It is my right to include evidence to dispute the lies surely. The hearing is next week and now the solicitor is ignoring my emails even asking if bundle been sent to court yet. As if this isn’t stressful enough! I sent there anything I can do? File the documents directly with court perhaps or just turn up with them on day of hearing? I’m at a total loss ...

OP posts:
PersonaNonGarter · 10/09/2019 22:51

I don’t know what you have included or not included, or what this is about, but ask yourself if the solicitor might be right.

yosemite78 · 10/09/2019 22:56

He’s bound to say they don’t agree as my evidence shows his client is a liar! I wouldn’t be in this position if I could afford a solicitor. He’s taking advantage of me having no legal rep.

OP posts:
minipie · 10/09/2019 23:02

You have a barrister. The barrister will have views on what should and shouldn’t be in the bundle. What does the barrister say?

Solicitors are generally very careful to be fair and follow the rules when opposing litigants in person, because the court will tell them off severely if they have in any way taken advantage of or misled the litigant in person. So, it’s quite likely they are simply following the rules on what should be in the bundle. But speak to your barrister.

yosemite78 · 10/09/2019 23:04

OK thanks, but how do you explain ignoring emails? Especially so close to hearing. This isn’t fair.

OP posts:
FenellaVelour · 11/09/2019 00:26

Have you received a completed Scott schedule with the allegations listed?

MissMalice · 11/09/2019 05:41

Who is preparing the bundle, you or the solicitor?

yosemite78 · 11/09/2019 06:42

They are my child’s allegations but I prepared Scott schedule. I breached the contact order when I stopped it. Dad applied for enforcement order. Judge ordered a fact finding. He can afford solicitor so his solicitor is preparing bundle even though the allegations are my child’s against his father.

OP posts:
Collaborate · 11/09/2019 06:59

Prepare your own supplemental bundle containing those disputed documents. They should not be dictating to you what you can and cannot refer to the judge at the hearing unless those documents are legally inadmissible.

yosemite78 · 11/09/2019 07:26

THAnk you collaborate. Can I just bring it along to hearing or does it need filing before hearing? I don’t think emails emails from police officer are legally inadmissible ?

OP posts:
Collaborate · 11/09/2019 08:22

Send a copy to the court and the other side before the hearing. Such emails will be admissible.

yosemite78 · 11/09/2019 22:20

Will text messages from 4 years ago be admissible ?

OP posts:
Tonnerre · 14/09/2019 09:32

I don't think 4 year old stuff will be regarded as particularly relevant.

Clare45BST · 17/09/2019 04:15

This reply has been deleted

Message withdrawn at poster's request.

maternityleavequestion · 18/09/2019 17:49

Definitely don't believe what the other sides solicitor tells you.
I am in a similar position (mines only financial proceedings) and the other sides solicitor has 100% lied to me about the bundle - I knew they were - so I just googled the info from the .gov website and emailed it to them, funnily enough I didn't get an apology.

My ex is a massive liar, anyone looking at the case can see that, but the solicitors are still taking his money and advising him as if he's not been completely dishonest. I am looking forward to seeing him have is arse handed to him in court (if there is such a thing as Karma!)

Mummacake · 18/09/2019 22:13

It's highly likely that your ex has instructed the solicitor not to respond to your emails as he will be charged for them. As others have said, file them with the court & the other side. Let the judge decide what info they will use. If the text messages are relevant then include them - if nothing else it shoes that the issues have been going on a while. Best of luck.

New posts on this thread. Refresh page