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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19579
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My brother in laws wife of 26 years has applied for a non

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My brother in law's wife of 26 years has applied for a non molestation order/occupancy order. He provided a witness statement counter acting her allegations. The first hearing was done without him being informed at the beginning of May. The second hearing was the end of May. He entered a witness statement countering her allegations for this hearing.
The Judge ordered that it be re listed for 23 August, 2013. It states: IT IS ORDERED THAT:
1. By 4pm 12.07.13 the Applicant is to serve and file a statement in response.
2. Listed for hearing on 23rd August at 10am for 1day.
3. At least 5 days before the hearing the Applicant is to lodge:
1) A paginated trial bundle
2) Case summary
3) List of allegations

There seems to be no time for my brother in law to respond to the allegations. Is this correct procedure?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Is he represented by a solicitor?
Customer: replied 1 year ago.

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.

Expert:  Stuart J replied 1 year ago.




It appears that the
hearing was the end of May, in which case the order should have been made at
that time, albeit verbally. The written one comes out days or weeks later, which
means that she would have had from the end of May until 12 July to serve and file
a statement in response. So far so good.

There is then a
further period, until 17 August to serve the bundle, summary and allegations.



Looking at your
question, I think you're concerned that the allegations will be presented five
days before the hearing, and he has no time to reply to them.



That, of course, is
something for him to raise and not for her. The allegations will be considered
at trial and he will have the opportunity to respond. Remember that all he is
likely to do is deny everything in any event, and it will be for the judge on
the day to decide whether they prefer her version of events or his version of
events.



The fact remains
that the judge has made an order and if he wants more time, he is faced with
making an application to court for the order to be varied.



I think the reason
that the timescale is so short, is because she made the allegations in an
application, and he has replied to them in his witness statement. I think the
judge is simply wanting it put down formally for ease of reading.



Remember that the
reason for all of this is to get the papers together and not for the matter to
be 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 to
intervene.




Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19579
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

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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