Hello my name is ***** ***** I will help you with tihs.
I can't see your previous questions so could you please explain your situation a little more?
Good afternoon Alex,
basically I am involved in a long acrimonious divorce which is being delayed because the judge who has issues a draft judgement is now sick and may not return for sometime, which effectively means that the perfected judgement may not be finalised until she returns.
I see. If its a family law question I may not be able to help as my colleagues deal with that
But if you are just asking about Court procedure I may be able to help
So the Judge who is going to hand down Judgment is ill
I assume this Judge heard all the evidence?
yes she is ill and yes she heard all of the evidence and therefore issued a draft judgement which we have requested that she amends
Ok - and you do not know when the Judge is back?
no as the court cannot comment about her illness of the length of that illness
do you wish to pass this on to another of your collegues
Ok - you have 2 choices:
1) To wait until the Judge returns
2) Ask the Court to relist the matter before a different Judge for trial again
Usually a Judge that has heard a case gives Judgment
Sadly if the Judge is going to be away for some time the only thing you can do is either wait or go through the whole trial again
am I right in assuming that if we go for a retrial then I will have to pay more legal costs for that retrial
I am also complaining against the judge's rude comments about me in her draft judgement but I am told that I cannot complain about a draft judgement as it is confidential between both parties and the court and cannot be discussed with anybody else including the Complaints Judicial Authority. Is that correct?
You can't complain about a draft, you have to wait until its handed down
Then its a formal Judgment
Can I clarify anything for you about this today please?
just one more point for today.
is there a log kept by the Lord Chancellor about complaints against Family Law and Divorce courts and if so am I allowed access to that information via the Freedom of Information Act
No - that would be a breach of the Data Protection Act between the Lord Chancellor and the Judge
But there will be a record
but if the judge is acting for the people of this country and fails to carry out her duties and a complaint is made and subsequently that complaint was upheld, why am I not allowed access to that information in accordance with the Freedom of Information Act
Because its nothing to do with you.
Its to do with HR so to speak, between the court and the Judge
The Judicial Complaints website does have records of upheld complaints
do you know where on that website because I have looked and looked and looked and cannot find any reference to those records
Does that help?
yes. thank you very much. I will start there and may need further assistance over the coming weeks. Thank you Alex
Great. Can I help with anything else today?
thank you for your assistance for today