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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8975
Experience:  Barrister at law
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Barrister filed a position statement on the hearing date and

Customer Question

Barrister filed a position statement on the hearing date and the court did not accept it
Submitted: 10 days ago.
Category: Family Law
Customer: replied 10 days ago.
Barrister filed the position statement at 9am on the hearing date, which CVP hearing time was 10 am
He asked in the hearing whether his statement is there, the court advisor said 'NO'. time was till yesterday 11 am.
Customer: replied 10 days ago.
When I said to him about this, he said 'No time was mentioned for position statement, and he said everything verbally in the court'
Expert:  plclegal replied 10 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

Expert:  plclegal replied 10 days ago.

Can you tell me what your question about this is please? Did you also join the CVP hearing? Were arguments made during the hearing in line with the position statement?

Customer: replied 10 days ago.
I joined as well. and yes arguments were made
But I feel that other part was advantaged because their argument was on paper in front of barrister and they looked at it when decided the judgement
Expert:  plclegal replied 10 days ago.

I see.

How can I help in that case?

Customer: replied 10 days ago.
is this barrister negligence?
Customer: replied 10 days ago.
is there any time standard for filing the position statement?
Expert:  plclegal replied 10 days ago.

It's not negligence necessarily, no.

It's not supposed to be the case that documents are filed on the day, but it often is still what happens in practice. The barrister could have emailed the statement again during the hearing though if the court could not find it.

Was this a family law or civil case?

Customer: replied 10 days ago.
family law
Customer: replied 10 days ago.
he said, he sent it at 9am
Customer: replied 10 days ago.
the court advisor said that the time was til yesterday 11am
Expert:  plclegal replied 10 days ago.

OK. Practice guidance in family law says documents should be with the court by 11am the working day before the hearing.

But in practice, particularly with family law cases, if instructions are last minute, then this is sometimes not possible. The court should still have had the document, he could have argued that it would assist the court for it to be accepted even though late.

If you feel that they did not do their job well, and had plenty of time to make sure the position statement was sent in time, then you can of course raise this with the barrister.

If they made the arguments orally though, it's unlikely that the outcome was prejudiced unfairly in my experience.

Is there anything more I can clarify for you?

Customer: replied 10 days ago.
Well, he was instructed one week before the hearing.
Customer: replied 10 days ago.
where can I find this "Practice guidance in family law says documents should be with the court by 11am the working day before the hearing"
Customer: replied 10 days ago.
I could show him that he should have known this
Expert:  plclegal replied 10 days ago.
Of course - I have the link on my laptop but am not physically at my desk for an hour or so, I’ll send it through then. Is there anything else I can clarify in the meantime?
Customer: replied 10 days ago.
that is all, please do send me the link when you get to your desk
Expert:  plclegal replied 10 days ago.

Thank you for your patience.

I have attached the efficiency statement that sets out the practice guidelines for you.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!