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Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A judge would not approve my consent order as I had been

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A judge would not approve my consent order as I had been indemnified to pay costs for a third party property transfer to my ex husband. He felt this was very unfair to me and adjouned tbe case with a further hearing to be made for directions.
However there was a different judge at the next hearing and he over ruled the first judge and said the consent order had to stand. Was he allowed to do this. I also got charged 5k costs as he said it was my barristers fault!

What did the second judge say about the decision of the first judge?

Customer: replied 1 year ago.
He didnt mention it or appear to know anything about it.

Thank you for your question

My name is Clare

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

Who actually prepared the Order and what was the nature of the hearing at which the Order was refused?

What did your Barrister say about the outcome of the second hearing?

Customer: replied 1 year ago.
The other side prepared the consent order at the Final Hearing.
I totally disagreed with the consent order and although I put forward all my reasons taking into account the Matrimonial Causes Act and what I had been advised was a fair settlement by my previous barrister and numerous solicitors she would not listen to me. I suffer from Complex Post Traumatic Stress in that I struggle greatly if I am not being listened to or heard and I became very distressed. As stated in my medical report I freeze. She stated that if I did not agree to the consent order she would say I was unstable. So I signed as there was no alternative. I suggested numerous alternatives and she advised me to very negative outcomes to all of them.
However the Judge would not sign the consent order due to me being indemnified. He did speak strongly to my Barrister to go away and advise me correctly!
My Barrister advised me that if an agreement could not be reached within 10 days as the case was adjourned I could go back to court and state my case again.
My Barrister wished me to pay 1k up front for her to see if an agreement could be reached. I asked her what she thought the agreement would be and she would not tell me unless I paid the money up front. I sought help and was advised not to sign the consent order as there were numerous parts that were totally unfair to me and a legal issue in that third party properties cannot be transferred in divorce proceedings, hence the indemnity. I therefore did not sign the consent order as it stood and believed I was returning for a directions hearing. I dis-instructed my Barrister.
Somewhere along the line it became a “notice to show cause hearing” stating that I wished to resile on my agreement. As the Judge had not approve the order and my Barrister said I could revisit the case, yes I was wishing to resile on the agreement. When I got to court for what I thought was a directions hearing Radmacher V Garantino (something like that) paperwork was given to me 5 minutes before we went in. As I had been represented by a Barrister Radmacher V Garantino stood. The Judge blamed my barrister stating she should have dealt with the issues at the Final Hearing and he blamed me for not standing up to my Barrister.
I therefore would like to know if the second Judge was correct in ignoring the first Judges decision. I did write to me ex’s solicitor trying to get matters sorted so that we would not return to court but she refused to deal with me. Their Barrister did state no amendments had been made to the Consent Order which was not approved. So I get Court Ordered to return to court as the Judge would not approve the consent order and have to pay 5k for it!

When was the second Order made?

Customer: replied 1 year ago.
There wasnt really a second order made. The Judge said the consent order from the final hearing had to stand that the first judge had not approved. I just received a copy of the first consent order. Has it ever been approved as the first judge did not approve it and second judge never saw it?

May I ask how the Order came to be put before the first Judge if you did NOT agree to it?

When was the Second hearing?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

Are you aware that the site charges more for phone calls?

Customer: replied 1 year ago.
Sorry phone froze and was trying to unfreeze it and must have hit button below. Please ignore.
I signed under duress as in my long message.
The second hearing was April 2015.
Customer: replied 1 year ago.
PS I did not sign a revised consent order as the first judge requested. I wanted to have a directions hearing to see how to progress as the other side would not communicate.

What has happened since the Order was made?

Customer: replied 1 year ago.
I have just followed the court order.
I went to CAB who bought a district judge in and he said I need to appeal. I cannot afford to do this.
I went to a no win no fee solicitor who was happy to take my case on who advised she had been negligent and I had a very good chance of success but the premium to cover costs if I did lose was high and he advised my house would be at risk. Under no circumstances did I wish to put myself in that position. It is very difficult to know who to believe, if I do have a chance of success etc.
My only other option may be small claims court re bad service by Barrister and this is why I asked my question so that I can get my facts straight as to what happened.

Right - so what you are asking is whether or not you have a claim in negligence against the barrister?

Customer: replied 1 year ago.
What I am asking is was the second judge allowed to over rule the first judge and make me pay 5k for complying with the first judges court order.

It would of course be better to see the paperwork in order to be certain but in general terms yes I am afraid that the Judge had the power to do it - and it is too late now to appeal it

If you do wish to explore other avenues then let me know

Customer: replied 1 year ago.
even though he didnt know what was in consent order was it purely on Radmacher v Garantino that as I had received bad advise by a barrister he had to approve the consent order, and couldnt do anything about the parts the first judge would not approve.
Do I have any options to correct the matter?

had yu acted at the time it might have been possible to appeal - as it is you are not going to be able to get permission to appeal out of time

Customer: replied 1 year ago.
I realise that, but I was unable to afford legal help to go to appeal. I am unable to sue my barrister due to the insurance premium you have to take out regarding their costs.
What I am hoping to do is through the small claims court. The first judge told my barrister she had not advised me correctly, and adjourned the case. The second judge also blamed my barrister in that she should have sorted it at the final hearing.
Regarding the second judge over ruling the first judge was it purely because of Radmacher v Garuntino that we could not have a directions hearing as requested by first judge?
Was the first judge unaware of Radmacher? Was my barrister unaware of Radmacher?

As I said if you had appealed at the time then you may well have been successful

Since you did not then the fact that the two Judges took different approaches cannot now be addressed.

Customer: replied 1 year ago.
is it correct in saying:
My barrister made an error in indemnifying me for costs re a third party property transfer. I had to be indemnified as third party property transfers are not allowed in divorce proceedings.
The Judge said this was very unfair to me and asked for my barrister to advise me correctly and the matter be sorted and if not a directions hearing to be heard.
This directions hearing was not heard but a notice to show cause hearing instead.
The second Judge used Radmacher as to why the consent order had to stand. As Radmacher is regarding prenup agreements not consent orders this could be the reason why the first Judge did not take this into account when requesting an adjournment. This may also be the reason why my barrister advised I could go back to court and get all the issues I was unhappy with sorted.
I understand being told by the second judge it was my barristers fault why we were having a hearing and hence why I got 5k costs awarded against me, but was the first judge not to partially blame in not taking into account Radmacher?

The fact is that in our legal system Judges often take different approaches to the same issues and can see case law in different ways.

Had you appealed then I am certain that the £5,000 penalty would have been rescinded - but sadly you are now out of time

Customer: replied 1 year ago.
Ok thanks. I understand now that Judges see things differently.
The cost of appeal would have been far greater than 5k so it would not of been worth the distress.
One last question. I received details of the adjournment and resulting directions hearing but nothing that it had been changed to a "notice to show cause hearing" and only received Radmacher paperwork ten mins before going into court. Should I have been advised by the court it was a notice to show cause hearing or would it be called a directions hearing?
Customer: replied 1 year ago.
As one judgr did not approve the consent order and the next said it had to stand although he did not approve it, does this matter? Should it have been signed by judge? The date on it with the court stamp is first hearing when not approved is this correct?

Again all of these issues would have been addressed if you had appealed - and could well have won you the appeal.

The date is correct given the actual decision of the second judge (which i happen to disagree with)

Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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