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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Quot;UK Divorce question<br>My ex spouses lawyer lied

Customer Question

quot;UK Divorce question<br>My ex spouses lawyer lied about not receiving financial disclosures during divorce, have written proof they had, consequences were that I was made bankrupt. Any recourse, what can I do?"
Submitted: 1 year ago.
Category: Family Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Could you explain a little more about the background to this please

Customer: replied 1 year ago.
Hi Clare
BackgroundFor the past 3 and half years have been attempting to conclude a divorce with my wife
Our only son who is 18 years lives with me in the Family Home and attends University until he is 21 years old, I want to remain in the house and look after my son.I am currently unemployed and have no mortgage capacity . I have recently been declared bankrupt.It's is the actions of the solicitors acting on behalf of my wife (Johal & Co) which I have directly contributed to me being bankruptJohal and Co have deliberately attempted to show me in poor light in front of the Courts and the Judges stipulating that I ignore Court Orders and have not given full financial disclosure which is false.This is fabrication and I have concrete proof that Johal and Co have misled the Courts and I have been subjected to a deliberate strategy of character assassination , defamation of character a scheme to wreck my professional career.During the course of the divorce Johal and Co have stated (see letter dated April 2016) that there was missing bank statements in a bundle for a Final Hearing. These bank statements refered to my First Direct bank account above and spanned over the period 2010 to 2012.I have been seeking transparent and clarity from Johal and Co on the receipt of bank statements covering a period 2010 to 2012. Specially on my sole First Direct Bank account ending 50666491.This week it has been confirmed by my former Solicitors Irwin Mitchell that these bank statements were in fact supplied and acknowledged by Johal and Co in December 2014! This is over 18 months ago!….18 months after this date Johal and Co have state they never received this information ..this is a lie and is negligent.During this 18 month period I have experienced false allegations of domestic abuse and found not guilty, suffered stress fatigue, financial depletion due to ongoing legal fees and Court Hearings, Johal and Co have avoided all requests for a mediation, Johal and Co has elongated a process with one view to attend a Final hearing and profiteer from this situation.Am seeking a legal opinion on professional negligence and subsequent financial loss and compensation.
Expert:  Clare replied 1 year ago.

In what way have they caused your Bankruptcy?

Customer: replied 1 year ago.
In 3 ways1. The cash used for the Final Hearing (which could easily be adjourned due to bankruptcy proceedings and any legal professional would know that a Judge would be unable to make a Final decision without the full financial facts and implications of a bankruptcy), the cash used for the Final Hearing could have been used to settle the creditors claim for bankruptcy.2. The petition of bankruptcy was from my former lawyers whom I had a dispute about fees. The reason for dispute was due to non provision of service as well as over billing. (at the time I requested clarity and showed them a letter from Johal and Co about bank statements not being given to Johal & Co) however my former lawyers proved they had given these bank statements. This shows that Johal and Co had lied about the receiving of bank statements, and maintained this up to date of Final Hearing? when in fact they had these bank statements 18 months prior. If I had not had a long dispute with this firm and came to settlement the would not have been made bankrupt.3. I was exited from my Family Home with my son for a 6 month period, and had to find temporary accommodation for me and my son, during this 6 month period , letters and Court judgements relating to this dispute resulted in a bankruptcy. Letters and Court judgements were being sent to my family home, which I was un aware because I was not living there.
Expert:  Clare replied 1 year ago.

Has the financial side of the divorce now been concluded?

Customer: replied 1 year ago.
No not yet.I wish to mediate and avoid a final hearing (due to lack of funds and high legal fees)
Expert:  Clare replied 1 year ago.

The problem that you face is that they were not acting for you and they owed you no Duty of Care whatsoever

That being the case there is no basis on which you can claim any compensation from them

The only claim you can make is a costs order within the financial proceedings for any hearings caused by their false allegations

I am sorry not to be able to give you better news - please ask if you need further details

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