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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Attorney
Category: European Law
Satisfied Customers: 27883
Experience:  Attorney
Type Your European Law Question Here...
Clare is online now
A new question is answered every 9 seconds

5-7th August ancillary relief final. Judge appointed an expert

Resolved Question:

5-7th August ancillary relief final. Judge appointed an expert to value properties in Italy.the appointed one is a friend of the respondent but the judge did not believe me.the respondent has now sent a mail to the appointed one ( Mr X) asking him to send him ( the respondent) and his UK solicitor a mail appointing a friend for the valuation, who was also in the short list the respondent had provided the court with claiming they were independent. The respondent has also prepared himself the valuation of the properties at 1/3 of market price and his mate will now " officially" valuate it and send the report. I caught the email, and thought of having certified translated. But I do not know the judge' s reaction as this mails were not directed to me, I just caught a scheme, as I got a new iPhone ( mine wasn t reparable) and when I initialisated I could on it, my husbands email was also installed on it, I believe because lastbyear he often used my iPhone and probably installed the application. The respondent has also booked for having a deed varied with a solicitor, in order for his parents to have in usufruct for life the holiday home, lying to the solicitor about our daughter, but once it is registered in Italy it's almost impossible to have it cancelled or void. But I have sent the original deed for a certified translation as I can say I always had the document when married.how would the judge take it if I show the emails certified translated , knowing I have had access to my husbands email account?
Submitted: 1 year ago.
Category: European Law
Expert:  A.Valcke replied 1 year ago.
Hello,

Please could you confirm if the case is taking place in Italy or in the UK?

I look forward to your response.
Customer: replied 1 year ago.
In the UK
Customer: replied 1 year ago.
UK law
Expert:  A.Valcke replied 1 year ago.
Thank you for your response.

I will opt-out and ask someone else to answer.
Customer: replied 1 year ago.
On a previous account with just answer I was with Claire a family solicitor, old I be referred to her again?
Expert:  Clare replied 1 year ago.
Hi
Does the email make it clear that your ex has decided what the valuation will be and the expert will approve it?
Claire
Customer: replied 1 year ago.
Dear Claire, happy to see you again!
Yes! The actual valuation with the entire work has already been done by my husband that via email has sent it to him.just an hour ago his uk solicitor ( an Italian born and brought up in the UK) wrote to me about the new appointed professional, saying that if I do not agree we will have to go before the judge tomorrow, knowing my barrister is on holiday.smartly, I hide my phone number and called the expert up in Italy. I started asking him lots of questions, and he said he received the letter of instruction by my husbands solicitor ( that is playing a scheme ), and admitted he spoke to the respondent over the phone and he received him in his office a few days ago, as the respondent had to give him some " materials". He also admitted doesn t speak English.i wrote to my husbands solicitor that is denying it.what to do?also they had already appointed him a few days ago, but I am afraid the judge won t believe me. Obviously if I showed that emails it would be a good evidence, but the consequences? Also there is an email from my husband that has booked an appointment for the deed of the holiday ho,e to be on life usufruct for his parents in order for the court not to give it to me. It would be against Italian law too because we have a daughter, but if a solicitor is prepared to accept the act, than that is it. What can I do?many thanks
Expert:  Clare replied 1 year ago.
Hi
For clarity - you have no spoken to the Valuer who has confirmed that the details as to value will be sent to him by your ex?
Claire
Customer: replied 1 year ago.
I first discovered the email but did nothing. Then my husband solicitor emailed me saying he was appointing the other one that was independent as the one appointed by the judge could not doit any longer.ig I agreed. He had been known for a week, but obviously he does NOT know I know about it. I then replied that I could not accept because only the judge can do so. He then threaten me to go back to court and ask for costs. As per the judges instructions, before we agrred on appointing one, we had to make enquiries, therefore I called this one up and asked him questions, pretending I knew nothing, and informing him for transaparency reasons I had to putour conversation in writing to all parties, so I did. He lied badly, obviously he did not expect my phone call and my questions. I then wrote very Angryly to my husbands solicitor as this is not the conduct he should adopt, as there is a code of practice, but he keeps threatening me to ask costs against me. Apparently they are going ahead with it, I do not know if I should go before the DJ tomorrow as an ex parte or leave it to the judge at the final when the expert they had appointed has not done the report and they have instead appointed somebody else without consent. I still have those emails, which I do not know if it is worth to have them translated, but afraid as the consequences. What do you think? Many thanks
Expert:  Clare replied 1 year ago.
Hi
The risk if you leave it is that that is the valuation that is accepted.
Do you have an alternative valuer that could be used?
Claire
Customer: replied 1 year ago.
THE forse valuer, an architect was refused by the Judge as he did most Of water infiltration valuation, then the judge advised some English estate agents but the one that was available was refused by the respondent and keep arguing about it via mail the agency gave up.i then proposed an estate agent I found on the website but the judge for my final refused him as he wanted a professional that is registered with the Italian court, that is why accepted the ne that has now given up. When the judge accepted one of the names proposed by the respondent, they did not provide anything, only a name out of the Italian court list, the person had not been contacted and had not accepted the position that is why he has now refused.i would ,et them go ahead with their mate that surely the judge will accept again as he is registered with the Italian court, and once he has done the valuation on my final I could bring evidence that this was all " planned " . I want to use the advertisements on Internet to show the real price for the house as it has been on sale for a year now and he price is advertised being double of what they have now decided.
My barrister is on holiday. What can I do? I know they are getting a cv and they re going to court to have him appointed, should they give me notice, or should I go before them myself? Thanks claire
Expert:  Clare replied 1 year ago.
Hi
They have to give you notice - but if you are going to agree then simply agree - and then write a letter referring them to the commitment they are making to the UK Courts in providing the evidence!
Claire
Clare, Attorney
Category: European Law
Satisfied Customers: 27883
Experience: Attorney
Clare and other European Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
< Last | Next >
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    413
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Attorney

    Satisfied Customers:

    14
    Attorney
  • http://ww2.justanswer.com/uploads/IT/ItalianLawyer/2013-6-10_214626_P10100822.64x64.jpg T.DePas's Avatar

    T.DePas

    Attorney

    Satisfied Customers:

    150
    Solicitor - Ph.D. Doctor Europaeus in EU law
  • http://ww2.justanswer.com/uploads/AV/A.Valcke/2013-7-8_11622_valcke1.64x64.jpg A.Valcke's Avatar

    A.Valcke

    Solicitor

    Satisfied Customers:

    135
    14+ years experience // Masters in EU Law