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I have taken your advice on other matters, and am please you have responded. I am a McKenzie friend in this matter. I have appeared in court on two previous occasions. One was at a land registry 3 day hearing. A passageway that ran between two shops had been taken away rendering us unable to access our yard. Property had been built in 1886 and the business we bought had been trading 30 years. Mr Hussain bought next door and decided he would make his downstairs room bigger. He was represented by Counsel but I still won, thank goodness. He was trying to say we did not have right of way! Court protocol and procedures are my worry. Hope you can help.
It appears that thehearing was the end of May, in which case the order should have been made atthat time, albeit verbally. The written one comes out days or weeks later, whichmeans that she would have had from the end of May until 12 July to serve and filea statement in response. So far so good.
There is then afurther period, until 17 August to serve the bundle, summary and allegations.
Looking at yourquestion, I think you're concerned that the allegations will be presented fivedays before the hearing, and he has no time to reply to them.
That, of course, issomething for him to raise and not for her. The allegations will be consideredat trial and he will have the opportunity to respond. Remember that all he islikely to do is deny everything in any event, and it will be for the judge onthe day to decide whether they prefer her version of events or his version ofevents.
The fact remainsthat the judge has made an order and if he wants more time, he is faced withmaking an application to court for the order to be varied.
I think the reasonthat the timescale is so short, is because she made the allegations in anapplication, and he has replied to them in his witness statement. I think thejudge is simply wanting it put down formally for ease of reading.
Remember that thereason for all of this is to get the papers together and not for the matter tobe decided, in correspondence, before it gets to court. If that were the case,they could agree between them, and there would be no need for the court tointervene.
Excellent. So we can leave it at what was presented at the first hearing.
At the end of May hearing the barrister for his wife was telling him just to let the order be entered because he has already moved out, and therefore there was no point in going in front of the judge. He refused! Barrister kept insisting that it was no big deal as he had already left the family home, so why waste the court's time.
The allegation was that he held her hand up in the air and hurt her back. She went to doctors the next day, and was sent away without even painkillers. Her allegations of abuse are 20 years ago when she fell and dislocated her shoulder running to car in rain. She is now alleging he did it. Claiming the police came to hospital but decided they would not do anything so there is no record. Incidentally, he was the one with the scratched face. Should be interesting. Thank you for your help.
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