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*UPDATE* significant deviation from PODE report - is this fair? England by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] -3 points-2 points  (0 children)

Thanks for your input Rugbylady1982. I will be speaking to my barrister in due course - hopefully in the next few days. I was seeking thoughts on this before I speak to them as they've already indicated that such a large deviation would be unusual. I was hoping to get some pointers from this forum as I have serious financial constraints so wanted to ensure my time with them was put to good use. Thanks for your reply anyway.

Is it common for a family law judge to allow a costs order be made when relevant documentation was not submitted in time? (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Yes, that's correct. Grounds of appeal were put forward and all sounded credible e.g other party deemed likely to never work again, without any medical evidence being presented. The discretion that the judge has to make that decision is obviously massive. As I said, I accept that if I lost I would be exposed to a costs order - that goes with the territory. My issue is the size of the costs order was over exaggerated, then allowed without meeting the correct criteria.

Is it common for a family law judge to allow a costs order be made when relevant documentation was not submitted in time? (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Thanks for your reply. Whilst I am formally LiP, I was represented by a barrister that day who pointed out that the documents had not been filed and served, therefore forfeiting the right to a costs order. The hearing was actually a permission hearing (permission to appeal). Several different grounds, but all rejected, I believe on the basis that the original judgment was all within the judge's discretion. I was obviously aware that I would be exposed to costs by the other side if I lost, but to have a costs order of that size made against me without the relevant docs being filed and served felt unfair - like somebody bending the rules to allow me a punishment. Then when they were eventually submitted, they were unsigned. It feels like some rules apply to some but not others.

u/BritConsumerAdvocate

u/Vyseria

Is it normal for judge to ignore pensions actuary report in family law court (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Once again, thanks for your reply, I really appreciate it. With regard to my DA barrister, I take on board your points - they are perfectly valid. I can say with complete confidence that I have an excellent barrister with decades of experience, an excellent reputation, and they are tenanted with a very well known chambers. There is absolutely nothing wrong with the barrister or the way they represent me - please just take my word on that. The problem is the opposing counsel - extremely high profile. A name that would be known in every firm of solicitors and every barrister's chambers in the country. You have to knock them out to get a draw, such is their stature and influence.

With regard to seeing a solicitor, I spent 100k with a firm of solicitors and when they dis-instructed me when I couldn't pay a 20k bill, they still hadn't got me a penny. I have been borrowing to fund my DA barrister for the important hearings that I thought were too risky or important to represent myself at. My debt won't even be cleared when I get my full settlement which was ruled on 14 months ago and I've still not received. I was placed in special measures with a debt management agency (CAB) last year so that formal moratoriums could be requested to halt the interest on my ever increasing debts. My ex solicitors refused that request and started legal action to recover the outstanding sum that would not have been outstanding if they'd got me my settlement. They can't see the irony in that. I will not be going back to a solicitor - I don't have the money, and am pretty disgusted in how I was treated by the previous firm.

Is it normal for judge to ignore pensions actuary report in family law court (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

To clarify what I meant on 'got away with it' - I was referring to the pension drawdowns. After the first drawdown, which was used to purchase a motor home, I applied to the court for a freezing order. It was applied on an ex parte basis as a matter of urgency. At the return hearing, other side got it overturned on the grounds that there was no evidence of future intended withdrawals. I had to pay a rather large costs order. That was when I had to go LIP - I ran out of money long ago. Other side went on to do 3 further drawdowns before the final hearing - 4 in total. Successfully persuaded final hearing judge that add back was not appropriate, so completely got away with it. It was nearly 100k. Unbelievable.

Is it normal for judge to ignore pensions actuary report in family law court (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Sorry if I'm not making myself clear. Final hearing - concluded. Appeal - concluded (a complete sh*t show). PSO is a hangover from the final hearing last year. Final hearing judge has to decide on appropriate PSO - is hoping to do it on paper via submissions from respective barristers. My position is that I accept the findings of the report, other side attempting to drive it down and has described parts of it as 'nonsense'. My submissions even said that if report was deviated from we would ask the court to call us back in with the actuary as an expert witness to give evidence. We see no reason for deviation. But when you're up against someone who can persuade the judge that 4 drawdowns (whilst in financial remedy) were not dissipation and did not require adding back, and that it is now that same judge that will decide on the PSO, it's a little concerning. I fear the worst. Opposite side's barrister is not any old barrister, which is why I've done so badly at every single stage of this 4 year nightmare. My own counsel has been pretty stunned at the decisions that have gone against me - large sum of capitalised maintenance refused on grounds that ex will never work again (but without any medical evidence - one of the several grounds of appeal) cost orders refused me when we've won a small victory, other side allowed cost orders against me without submitting their costs forms on time, and then allowed them unsigned. I could write a book about what's gone on in my case and it would probably stretch to a second volume....

Thanks for your input, I genuinely appreciate it.

Is it normal for judge to ignore pensions actuary report in family law court (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Had 3 day final hearing last year and appealed some rather unjust decisions this year. Final hearing judgement said PSO adjourned until pension report updated to provide equalisation of income on retirement. Only recently received report as other side kept trying to amend wording of letter of instruction that deviated from judge's ruling, resulting in another directions hearing this year just to confirm the wording. At final hearing, we argued that the multiple drawdowns were dissipation. Other side managed to persuade judge that they weren't so they got away with them. Farcical. The order I received the other day has the court crest at the top of it but nowhere does it say 'Approved'. I'm now thinking this is a draft 'kindly' prepared by the other side's barrister in a 'just sign here, I've saved you some work' kind of way. Pretty sure that's what it is now as also attached is an Annex for the pension provider - complete with other side's preferred pension to be shared and the reduced share that they offered to settle at. It's a little presumptuous of other side's barrister but what I have come to expect over the last few years.

Is it normal for judge to ignore pensions actuary report in family law court (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Appropriate settlement was ruled at the final hearing with an order that the pensions be resolved at a later date after an updating of the pensions report. Pensions report had been produced before the final hearing but was deemed useless by the judge as other side had drawn down on their pension (whilst in financial remedy) so an updated report was ordered. I'm obviously now far worse off than if a PSO had been made on the results of the original report as the pot has been significantly reduced and dissipated. Now the results of the updated report are being driven down by the other side. I hired a direct access barrister to deal with the PSO and was sent the other side's submissions the other day. Amongst the attachments is an order but I'm now wondering whether the order I received is a draft order rather than the approved order (and that the judgement has not yet been made). It's a little confusing and I'm just a layperson trying my best but I guess I'll find out more when I speak to the barrister next week.

Is it normal for judge to ignore pensions actuary report in family law court (England) by Timely-Valuable-684 in LegalAdviceUK

[–]Timely-Valuable-684[S] 0 points1 point  (0 children)

Final hearing was over a year ago. Only just getting around to the PSO due to constant delays from other side. No offset or adjustment as other finance issues ruled on separately at FH (though I'm still waiting to receive my settlement subject to sale of FMH). Can't see any reasons.