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In a family law case. I have a Case Management Hearing

I’m Party Litigant in a...
I’m Party Litigant in a family law case. I have a Case Management Hearing coming up. I have to lodge a joint minute of the pre-hearing conference. What is the format for this minute?
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Customer reply replied 7 months ago
This case is in Scotland
Answered in 2 hours by:
1/5/2018
Thomas Judge
Thomas Judge, Advocate
Category: Scots Law
Satisfied Customers: 34,000
Experience: 5 years experience working for a multi national in the UK
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Have you had the pre hearing conference?

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Ok the conference note should be agreed and sent to the court. It should set out any and all agreed facts arising from the conference (those matters agreed). It can be on A4, typed and with the formal court heading at the time - with number bullet points thereafter.

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Customer reply replied 7 months ago
Here’s roughly the format I used. It’s edited but basically I went through each numbered point as per the court rules. The Defence have refused to even look it as they say it’s the incorrect format. I therefore am unable to submit it as a joint minute. What do I do?Court ref. no
Sherrifdom
MINUTES OF PRE-HEARING CONFERENCE
In the cause
Pursuer (myself)
Against
Defender- Both Parties agree that all points as per ACT OF SEDERUNT (SHERIFF COURT ORDINARY CAUSE RULES) 1993 No.1956 (S.223) 33AA.3. (1) and 33AA.4. (1) were discussed.- Regards 33AA.3. (1) (a) (discussing settlement of the action). The Defence and the Pursuer are unable to reach agreement on settlement of the action. The Defence believe Crave 1 to be critical and will not be able to reach settlement on any of the other Craves without this being dropped..........i am listing each rule as its an easy way to follow.IN RESPECT WHEREOFPursuerIN WITNESS WHEREOFDefence Solicitor

I would serve the document but advise that it can not be agreed as a joint minute. There is case law to support the presentation of a minute even when not agreed.

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I attach herewith some caselaw to assist - http://www.scottishlegal.com/2017/11/30/father-seeking-contact-with-child-wins-appeal-after-action-was-dismissed-over-procedural-failure/

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Thomas Judge
Thomas Judge, Advocate
Category: Scots Law
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Experience: 5 years experience working for a multi national in the UK
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