How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7255
Experience:  Barrister at law
101823876
Type Your Family Law Question Here...
plclegal is online now

For PLCLEGAL Thank You. As part of my LSPO I must file &

This answer was rated:

for PLCLEGAL
Thank You Peter.
As part of my LSPO I must file & serve my "Evidence" which I guess is fourfold (1)Gross financial disparity....referring back to FDR Bundle financial disclosures (Is this OK?) (2)Pricing.....estimates from Direct Access Barristers. (in process)
(3)Unfairness.....As a 70-year-old layman I have been mauled by my wife's Barrister. I cannot get justice
(4)My Health. Here is where my real problem is. I have supplied details of my recurrent Cancer and will update it. I also have been totally depressed & heartbroken by my wife's desertion. I have been prescribed sleeping pills & anxiety medication. I also was given a "Pschiatric Referral" because of near suicidal thinking. My Cousin (who is a Lawyer in Ireland) insisted I did not declare this as it would make me "look weak".
But my Replies to Wife's Deficiencies included this.....
"Wife Deficiency
..The Discharge Summary from University Hospital Southampton is recorded as three pages yet only the first page has been provided. Please provide a full copy of the letter.
Similarly, the Husband has only provided pages 1 and 2 of the 5 page Inpatient Discharge Summary. Please provide the full document.
Request for Further Information:
Please confirm that the Husband has no further records or medical reports beyond those already provided. Specifically, if the Husband has any records relating to follow up appointments, he should provide them
My Reply.......
This is a very broad request. I will presume you do not require all my 70 years of medical records. I attach those relating to the post-separation period which I have in my possession relating to significant diseases"
I believe I need to declare my mental/emotional incapacity for this LSPO & Final Hearing but I am worried that they may say I failed to declare it sooner. Defense: (a)I believe their request for all records was for the FULL documents (where as a layman I extracted the relevant pages) and follow-up appointments(Supplied). (b)At the time I thought I could cope in Court & therefore my Depression was "not significant disease" ....but my Court performance proved otherwise. Moreover my wife's determination to make me homeless gives this stress/anxiety new significance.
May I declare my Stress/ Anxiety/Depression without fear of accusation of failing to declare it earlier this year

Thank you for the question.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

It's understandable that you did not want to provide information about your mental health when asked to disclose medical records, my view would be that you should have been full and frank in the disclosure previously though - it doe snot make you look weak at all.

However, you should disclose this now if it has an impact on your LSPO application.

It's important for you to be humble about this if possible, and not defensive, if that makes sense?

The court may not be impressed that you failed to disclose everything previously but as it is not going to impact on timescales for this hearing or cause a delay there should not be any costs implications for you.

I hope that this assists?

Customer: replied 22 days ago.
The questions are (1) Whether this will help my LSPO application (My impaired capacity) or hinder it (because I witheld it)? and (2)Their request was phrased ridiculously widely. So I said I supplied what I thought "was significant". My judgement on its significance was changed by events. Is this reasonable?

It could help the application as it shows why representation is so important for you.

You could also argue that your mental health was not relevant to the division of assets, nor is it going to be, yet it is extremely relevant for this particular application.

plclegal and 2 other Family Law Specialists are ready to help you