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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35214
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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If I am attending a finding of fact hearing, in English Law

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If I am attending a finding of fact hearing, in English Law how do I get the opposing side to admit something so I don't have to prove it at the hearing ?

Thank you for your question

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

What issues do you wish them to agree?

Customer: replied 4 months ago.
does it matter ? but to answer your question, whether someone has a criminal record
Customer: replied 4 months ago.
there are a number of questions I want them to admit so that I don't have to go and get evidence to prove that what I am saying is the truth

Whose application is it and has a Scott Schedule been prepared?

Customer: replied 4 months ago.
My ex wife’s application and yes a Scott’s Schedule has been produced


has it been used to narrow the issues?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
it is on these issues I wish to see admissions

I am afraid that there is no other basis within the proceedings for you to force these admissions than the Scott Schedule itself

Indeed that is the precise purpose of it

However you can certainly write to the solicitor on the other side with the list of facts you consider undeniable and ask if they are prepared to concede that they are true without your bringing evidence to avoid unnecessary further expense

Then if they refuse you may have a chance of obtaining a costs order limited to dealing with those issues

I am sorry that the news is not better - please ask if you need further details

Customer: replied 4 months ago.
it's a bit more complicated than that. The Judge made findings that are not even on the Scott's Schedule and findings that completely went against the evidence. I am now appealing and there were certain statement I made in court which he disbelieved and I need to prove to the court that I was telling the truth. I also need help in filing the appeal and C2 form, can you help me with that ?

For clarity - were police records not available at the hearing?

Why are you filing a C2?

Customer: replied 4 months ago.
police records were available and yes I am filing a C2 and I would like help on the wording. My original appeal Appellant's notice was submitted within time but without certain information as the Judge had not issued the orders and I didn't have the transcript. The application was rejected on a couple of grounds namely, non payment, care of address etc. I am now out of time and so I am resubmitting with a C2 application which I would like you to review the wording,It is "I am seeking an out of time permission to appeal the judgement of DJ Name made on the 12/12/2017 at Court on an out of time basis as the original in time application was rejected as per the attached letter from John Doe. The reasons for the rejection are addressed in the letter from myself dated 24/1/2018 and I am currently still struggling to get a transcript as per the attached email from Auscript"

What are you actually appealing - what order and highlights of the grounds?

Customer: replied 4 months ago.
the finding of facts, and the grounds are a couple, firstly, going against the weight of evidence, making findings which were not even on the Scott's Schedule and that it was not a fair trial as she submitted multiple witness statements and evidence six days before the hearing
Customer: replied 4 months ago.
my barrister completed the grounds of appeal and the skeleton argument
Customer: replied 4 months ago.
facts the judge found were not even in the Scott's schedule, I was not examined neither was the other party. The other party did not disclose adverse material to their case, procedural errors re trial bundle etc.
Customer: replied 3 months ago.
Hi Clare, As I didn't hear from you, I submitted my C2, do you have any updates ?
Customer: replied 3 months ago.
any news Clare ?

My apologies for the delay

I am sorry that you are having such a hard time with an appeal - it is unacceptable that the Transcripts are not available and frankly is in itself a good reason for an appeal out of Time - and if it is refused that you must insist on a hearing.

However at this stage you must prepare to prove EVERY point that is in dispute -

Customer: replied 3 months ago.
Dear Clare, please help me, my in time Appeal got returned for a number of reasons. One of which was the judge did not make it clear whether he was denying the appeal or allowing my appeal. When the final order came out he denied my right to appeal but gave no reasons. I am now out of time and so I have resubmitted my appeal documentation with a C2 form which the court said I needed to complete which I did. Is that all the forms I needed to submit or is there an out of time form that I need to fill out also ?

Permission to appeal is often rejected at the end of the hearing.

The fact that the transcript is not available helps your case and you have filed in all the forms correctly.

What chance of success did you barrister give?

Customer: replied 3 months ago.
Good grounds, do you want to read the grounds and skeleton argument? are you sure I have filled out all the correct forms ? I completed the appeal application A N161 form. As this got returned I then filled out an N161 form as well as a C2 form which the court told me to complete which I believe is a permission to appeal . Do I need to fill out an out of time application form as well or does the C2 and the N161 suffice ?
Customer: replied 3 months ago.
Any news Clare ?

The C2 was for permission to appeal out of time

Clare and other Family Law Specialists are ready to help you
Customer: replied 3 months ago.
Could we come to some agreement where you can assist me ?
Customer: replied 3 months ago.
They have processed the cheques

Good news on the cheques

Sadly all I can do is support you through this forum which I am more than happy to do

Customer: replied 3 months ago.
thanks clare
Customer: replied 3 months ago.
Okay Clare, I have submitted the C2 and the N161 forms with the cheques and the cheques have been processed. I still haven't received the transcript but the court told me yesterday that they should be sent to the transcript company on Monday. What happens next ? Did you mention something about requesting a hearing ?
Customer: replied 3 months ago.
would the appeal judges look at the grounds of appeal and skeleton argument and decide whether the issues raised are sufficient grounds for appeal or if they are undecided then they will give me an option of a hearing in front of the appeal judges ?
Customer: replied 3 months ago.
do I need to be preparing now on the basis that they will allow my appeal ? in terms of getting further disclosure or evidence ?
Customer: replied 3 months ago.
or can I not get an application for disclosure unless the appeal is extant ?

Apparently, the transcriptions services have been contracted out hence the ongoing problems

The first hearing will be a paper exercise BUT go ahead and plan what arguments you will make

You should also gather any evidence that you can gather without any input from your ex or her solicitors