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Final hearing- farcical?

  • dellou
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01 Oct 16 #484226 by dellou
Topic started by dellou
Hi all I have my final hearing this week, we are both self representing ( his solicitor sacked him!). I have tried everything in the book to try and get his disclosure but no luck! he is using 9 different addresses to obtain loans and avoidance tactics! so I am going into court armed with nothing but some of his bank statements and a state pension forecast that states he only has 13 qualifying years He's 52! He runs 2 businesses but refuses to hand over his accounts ( 2 penal notices but still no luck!)
Anyway my question is can the Judge adjourn a final hearing on the day because of his litigation behaviour or make a decision on the little information he has in front of him? What powers does the Judge have on the day to punish him- if any? x

  • LittleMrMike
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03 Oct 16 #484265 by LittleMrMike
Reply from LittleMrMike
The Judge may not wish to continue the hearing without both parties being present. Not at this stage at any rate.

The judge can make an order that your ex produces documents and
may attach a penal notice ; in other words, he could be held to be in contempt and could even risk imprisonment if he fails to comply with the judge's order. It certainly has been known.

In any event you might wish to raise with the judge the issue of litigation misconduct and possible award of costs.

It's possible t hat the judge may make an order on the basis of the limited facts he has ; but not without prior warning, I'm sure.

LMM

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