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Joshua, Lawyer
Category: Family Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have today recieved a court date which is March 10th 4

Customer Question

I have today recieved a court date which is March 10th 4 months away, i was asking the court to sign tr1 forms so i could get on with a mortgage, which i have had agreed once rejected and now agreed again but has a shelf life of 6 months. I have a roof with a hole in it in one bedroom, which is causing damage to the building of the house and without the mortgage i have no funds to pay for the new roof. Can i ask a judge to expediate and how would i go about asking for urgent court case or fast track it
Submitted: 10 days ago.
Category: Family Law
Expert:  Joshua replied 10 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

May I confirm if you have informally approached the court clerks to ascertain whether there is scope for the hearing date to be moved if you can demonstrate that the claim is urgent based on the court's current workload please?

Customer: replied 10 days ago.
The case was basically to get my ex wife to sign the tr1 forms, i been trying get it done since march. she keeps messing me around so i tried get a judge to sign and they have just set a court date for 4 months away. The house is in bad state of repair and a roof is leaking badly, needs a new roof, its a bedroom down stairs which is ruined and getting worse, my worry is with winter coming up it will totally collapse. I cant get the money to fix it until i get the mortgage which i borrowed extra on to fix the house up. I also have spent in excess of 20,000 using credit cards to make the house liveable thinking the mortgage was in the bag. So i have also got a load of interest i am paying as in march she had sent a letter stating she would sign the thing.
Expert:  Joshua replied 10 days ago.

thank you. It is possible to ask the court to change a hearing date but this will usually require a formal application under the civil procedural 3.1(2)(b). being a formal application, unfortunately it does incur a court fee of £167 unless your ex-wife consents to the application in which case the fee is £53. It can therefore be worth before making an application speaking informally to the clerk's office to see what scope there may be from the point of view of the courts workload to move the hearing date if the judge agrees that it is warranted on grounds of urgency. Some officers will be more helpful in terms of what they are willing to tell you in this respect than others but it can be worth a phone call.

If you decide to make an application, you would need to use form N244 setting out what you are asking the court to do and then giving detailed reasons together with evidence where appropriate to justify the request:

Customer: replied 10 days ago.
yeh but i have just done the application and paid 167 and got a court date of march so now i have to pay another 167 to change the date?
Expert:  Joshua replied 10 days ago.

Do you mean that you have already applied to change the date before?

Customer: replied 10 days ago.
No i just applied to the court to make her sign the TR1 form thinking a judge would sign it as she is just dragging it on, however they have instead given me a court date of march next year while the house collapses around me
Expert:  Joshua replied 10 days ago.

thank you for clarifying. Regrettably that is the case in that the application to change a date requires an application on notice and therefore generate a further fee. It is a criticism often levelled of the court process that simple applications can be disproportionately costly to make but it is what it is. You could attempt to make the application within the form of a letter without paying a fee but my experience would be that this is unlikely to generate much consideration

Customer: replied 10 days ago.
right ok thanks
Expert:  Joshua replied 10 days ago.

I'm glad the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 10 days ago.
appreciate your time cheers
Expert:  Joshua replied 10 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please reply back to me.

Expert:  Joshua replied 9 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.