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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 29055
Experience:  family solictor with 25 years experience
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Dear Clair, Many thanks I have followed your instructions

Resolved Question:

Dear Clair,

Many thanks I have followed your instructions about submitting an appeal against the court judgment. They accepted my request and send me application form (3copies) for Appellant's Notice. I have 14 days to submit the completed application.

What are in your opinion are valid reasons to accept my appeal?
Is lying to the court by failure to disclose substantial amount of her assets is a good reason for that?

Thanks,

Mahdi
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
I will do my best to help you but I need some further information first.
From what you sat in fact the court accepted all your evidence but still made this order - is that correct?
Clare
Customer: replied 1 year ago.

Hi,


Yes, They accepted the evidence against her as correct. But, the judge failed to do the maths correctly. He just concentrated on the UK assets and divided 50%/50%. The gold, 2 flats and the documentary evidence that she deliberately lied to the court not taken into account.


I made clear that I will appeal against the judgement, the court yes you can but you have to pay cost.


 

Expert:  Clare replied 1 year ago.
Hi
But he acknowledged that she had those assets?
Clare
Customer: replied 1 year ago.

Hi,


 


Yes, only partially.


 


His judgment was based on these figures:


My pension £116,000


Matrimonial home in Newcastle £110,000-£120,000


 


Cairo flat £60,000 awarded to her


Sudan property £60,000 (authenticated estimate from Ministry of Justice) is only £15,000


 


The judge to cancel out overseas assets


,


The judge has ignored gold and Jewellery worth £80,000, although she admitted selling every thing during the court procedures.


 


I and my legal time brought some evidence including she in 2005 changed her marital status to single on her Egyptian ID. The judge accepted the validity of the evidence, but still calculated the pension duration from 2001 to 2009, it should have been 2005 based on the ID card.


 


Does dishonesty be rewarded in court? I have lost every thing by her deception.


 


Do you think I have a good chance for my appeal to be accepted by the judge.


 


If the appeal is successful at this stage, then I am planning to go to Egypt to obtain new evidence about her other assets when situation there is back to normal.


 


Regards,


 


Mahdi

Expert:  Clare replied 1 year ago.
Hi
Did your legal team believe it was worth appealing
Clare
Customer: replied 1 year ago.


The only said it was unfair and she was able to manipulate the system to her favour for 4 years. But, I have not asked them then about the appeal, as I used their service intermittently and I was self represented most of the time because of lack of funds.

 

Do you think I should seek legal advice before considering I submit my appeal notice and have the scrutinised by a solicitor?

 

Thanks,

 

Mahdi

Expert:  Clare replied 1 year ago.
Hi
From what you have now said it seems that it is not an issue of your not having the evidence - it is that the court accepted that the assets existed but still chose to distribute matters in the way that they did.
What you are arguing is that the division was not fair
Clare
Customer: replied 1 year ago.

 


Hello,



The Appeal notice should not include any new evidence. At this stage the judge will examine if I think the court made a mistake or there was a procedural problem. In my opinion, the court ignored the documentary evidence. If the judge agrees with my arguments and then the case can proceed further and I am allowed then to bring new evidence that was not used before in court. Therefore, at this stage is for me to prove that the judgement was unjust. That what I have been told by the court staff and the leaflets accompanying the forms.


 


Is that right?

Expert:  Clare replied 1 year ago.
Hi
That is correct
When we first spoke you seemed to think that you needed more information from Egypt - but from what you have now said the Curt actually accepted your evidence on the assets - so I am more than a little confused about the delayed appeal - could you explain why you have waited?
Clare
Customer: replied 1 year ago.

Sorry for the confusion. I was under the wrong impression that I needed to go to Egypt to obtain new evidence and then I can appeal. But that was not the case. After all I am not too late to appeal as the other side sent me the legal documents only in Mid September after long delays since the hearing in May. Now I have 11 days to appeal using the same evidence available to the court now until the day of the final judgement, My reasons for the appeal are the division is wrong and is based on false calculations and assumptions. The court did not take any notice about the bad conduct and lack of credibility of my ex-wife when making the judgement, even when the court had accepted all my evidence and rejected many of hers.


 



 

Expert:  Clare replied 1 year ago.
Hi
I am afraid that you are out of time for appeal.
The fact that the transfer documentation has just been sent is of no relevance I am afraid.
I am afraid conduct is not an issue that the court takes into account in a financial settlement
Clare
Customer: replied 1 year ago.


Hello,


 


The court sent me on Friday 3 copies of the form "Appellant's notice". I have 14 days to complete the forms and to pay court fees. I was told the appeal will be decided by a judge.


 


Please, would you let me know what the forms are for. The court staff told me by telephone that my written request was reviewed and I am allowed to appeal. Therefore, I am now been asking for your advice based on this new information.


 


Mahdi


.

Expert:  Clare replied 1 year ago.
Hi
You have been given leave to appeal - which is good news
ON that basis you need to say why you think the decision was wrong - so say why you think - that the Judge did not take enough account of the assets that you ex had already had
Claire
Customer: replied 1 year ago.

Thanks a lot for your help.


 


Mahdi


 

Expert:  Clare replied 1 year ago.
Hi
You are most welcome - good luck
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 29055
Experience: family solictor with 25 years experience
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Clare
Clare
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family solictor with 25 years experience