Summary
The user is dealing with significant procedural errors and potential misconduct in a family law case. They are advised to file complaints with the Solicitors Regulation Authority (SRA) and the Judicial Conduct Investigations Office (JCIO) for solicitor and judicial misconduct, respectively. Additionally, they should consider initiating a judicial review to challenge the lawfulness of the courts actions or inactions. This process involves filing a new lawsuit or motion to ensure a fair hearing. The user is encouraged to document all evidence and seek legal advice to navigate these complex legal proceedings effectively.Full Conversation
CAN IT BE TRUE THAT THE JUDGE CALLED THE SOL AND INSIST SHE WANTS TO GIVE EX PARTE ORDER BUT THE WS IS NOT WRITTEN FOR EX PARTE? HOW CAN A JUDGE CONTROL THIS? THE NEW PARAG * WAS UNTRUE AND THE SOL KNEW IT WAS UNTRUE AS I ALREADY KNEW/WAS EMAILED BY MUMS SOL ON * JULY SHE HAS APPLIED FOR NMO. I DID NOT GO TO MUMS AND STOP HER FROM PROCEEDING WITH THIS APPLICATION ETC - THIS IS WRITTEN IN PARAG *. THE BUNDLE WAS WRONG FOR AUG * HEARING, FOR NOV * HEARING, FOR JUNE * HEARING, FOR DEC * HEARING, FOR MAY & AUG * HEARINGS - COURT IS ASLEEP.
It sounds like a very frustrating situation. To address your concerns:
*. Ex Parte Orders: Judges can issue ex parte orders without the presence of the other party if they believe immediate action is necessary. However, the judge's decision should be based on the information provided in the witness statements and other submitted documents.
*. Challenging Statements: If you believe the witness statements were altered or misrepresented, you can challenge this by providing evidence to the court.
*. Legal Assistance: Given the complexity and seriousness of your allegations, consulting a lawyer would be beneficial. They can help ensure all evidence is accurately presented and assist in challenging any misconduct.
Would you like help finding a local lawyer who can assist you further?
NO AS I HAVE HAD A THREAT SAYING NO LAWYER WILL DO MY CASE ETC.
I'm really sorry to hear about the difficult situation you're in. Here are a few steps you can consider:
*. File a Complaint: If you believe the solicitor or the judge acted improperly, you can file a complaint with the Solicitors Regulation Authority (SRA) or the Judicial Conduct Investigations Office (JCIO).
*. Seek Advice: Citizens Advice Bureau can provide free guidance on your situation.
Would you like more details on how to file a complaint?
SO, THE JUDGE CANNOT TELL ONE PARTY TO CHANGE THEIR STATENENT IN ORDER TO GIVE EX PARTE NMO IMMEDIATELY?
Case Rating: *
It's highly unlikely that a judge would instruct a solicitor to alter a witness statement. Judges must remain impartial and make decisions based on the evidence provided. If you have evidence that suggests otherwise, you should consider filing a formal complaint.
Would you like more details on how to file a complaint?
THE EVID I HAVE IS AN ATTENDANCE NOTE BY THE DISHONEST SOL - I ALWAYS THOUGHT IT WAS FABRICATED - SO WHO DO I HOLD ACCOUNTABLE FOR THIS AS THE EX PARTE NMO STARTED IT ALL OF.
Case Rating: *
You may hold the solicitor accountable if you believe there was misconduct. Here are a few steps you can take:
*. File a Complaint with the SRA: This can address the solicitor's misconduct.
*. Challenge the Ex Parte Order: Present your evidence in court to challenge the validity of the order.
Would you like more details on how to file a complaint with the SRA?
THE EX PARTE NMO WAS OBTAINED ON * JULY *. IN MAR * MY MUM TOLD ME SHE DID NOT DEAL WITH ANY JUDGE UNTIL THE AUG * IN PERSON HEARING ( I ATTENDED THIS, TOO). I HAVE AUDIO OF THIS, SO THIS PART IS A LIE IN THE ATTEND NOTE WHICH SAYS MUM WAS ALSO IN THE CALL - BUT THERE WAS NO INTERPRETER, BUT IN AUG * HEARING AN INTERPRETER WAS REQIESTED AND ATTENDED, BUT THE COURT TRANSCRIPT OF THIS SHORT HEARING HAD THE INTERP TEXT MISSING RE, HE WAS TOLD TO WAIT DOWNSTAIRS ABD NOT TO COME IN THE COURT UNTIL *-* MINS INTO THE HEARING - THIS WAS REMOVED FROM THE TRANSCRIPT.
Case Rating: *
It appears that you have strong evidence and serious allegations regarding the conduct of the solicitor and the handling of court proceedings. Here are a few steps you can consider:
*. File a Complaint with the SRA: To address the solicitor's misconduct.
*. Challenge the Ex Parte Order: Present your evidence in court to challenge the validity of the order.
*. Judicial Conduct Complaint: If you believe the judge acted improperly, you can file a complaint with the JCIO.
Would you like more details on how to proceed with these complaints?
IN *-* THE 1ST PROCEEDINGS TOOL PLACE BUT THEY WERE FINISHED BY AHREEMENT IN JULY *. IN JUNE * THEY DID 2ND PROCEEDINGS BUT THEY WERE REFUSED EX PARTE NMO AND HEARING IN JUNE * THE JUDGE GRANTED INMO, THIS WAS EXTENDED ON PAPER IN MAY *, WHICH I APPLIED TO SET ASIDE WITH * DAYS AS THIS EXTENSION BREACHED MY RIGHT TO A FAIR HEARING. ( I NOW KNOW MY EVID WAS REMOVED FROM THE BUNDLE BY THE SOL - SO WHEN THE EXTENSION WAS MADE SHOULD I HAVE GOT REASONS FROM THE JUDGE?) THE COURT HAS STILL NOT DEALT WITH MY MAY APPLICATION NOR THE APRIL ONE - I HAVECHASED AND IN MARCH * COURT SUDDENLY LISTED A FINAL HEARING. SO, HOW DOES MY CHALLENGE TO THE EX PARTE NMO FIT IN ALL THIS?
Case Rating: *
It sounds like your situation involves serious procedural issues and potential misconduct. Here are a few points to consider:
- Judge's Reasons: You should have received the reasons for the extension from the judge.
- Challenge the Order: Pursue your application to set aside the order and ensure all evidence is presented.
- Pending Applications: Follow up with the court regarding the status of your May and April applications.
Would you like more details on how to proceed with these steps?
I HAVEFOLLOWED UP MY APPLICATIONS, DONE * COMPLAINTS - NOTHING. I DO THINK THE EXTENSION OF THE INMO WAS A HUGE ERROR AND THE GRANTING OF INMO IN JUNE * WAS ALSO BIG ERROR DUE TO THE C OF PROTECTION BEING IN THE PROCESS OF DOING A CAP ASSESSMENT ON MY * YEAR OLD MUM. THE NMO WAS DONE TO INTERFERE WITH THECOP MATTER.
Case Rating: *
It sounds like a very challenging situation. Here are some steps you can take:
- Court Communication: Keep following up with the court regarding your pending applications.
- Complaints: Ensure your complaints to the SRA and JCIO are detailed and supported by evidence.
- Seek External Help: Consider reaching out to the Citizens Advice Bureau for additional guidance.
Would you like more details on how to proceed with these steps?
SO SHOULD I LEAVE THE CHALLENGE TO EX PARTE NMO AND FOCUS ON COMPLAINTS TO SRA AND JCIO?
Case Rating: *
It sounds like both challenging the ex parte NMO and filing complaints with the SRA and JCIO are important. Given the complexity and seriousness of your case, focusing on both aspects can be beneficial.
Would you like more details on how to file these complaints effectively?
YES, PLEASE DRAFT ME A CHALLENGE TO THE EX PARTE NMO OF JULY * - IF THIS IS TO DO WITH 1ST PROCEEDINGS - IS IT STILL POSSIBLE TO CHALLENGE IT AS A NEW PROCEEDING STATRED IN JUNE * - I THINK THIS SHOULD BE CHALLEMGED - WHICH I DID IN MY APRIL APPLICATION AND IN MAY APPLIC I CHALLENGED THE EXTENSION.
Case Rating: *
It seems like a complex situation with serious allegations. Here’s a general template for challenging the ex parte NMO:
---
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Challenge to Ex Parte Non-Molestation Order (NMO) of July *
I am writing to formally challenge the Ex Parte Non-Molestation Order granted on * July *. This challenge is based on the following grounds:
*. Alteration of Witness Statement: It has come to my attention that my *-year-old mother’s witness statement was altered without proper authorization, which materially impacted the outcome of the hearing.
*. Non-Service of Correct Documents: I was served with an outdated witness statement, which would not have justified the granting of an ex parte order. The newly added paragraph *, which was untrue, was used to obtain the order.
*. Judicial Instructions: The solicitor’s attendance note alleges that the judge instructed the addition of paragraph *, which is highly irregular and improper.
*. Lack of Fair Hearing: The ex parte order was obtained without my knowledge or presence, and I was not given an opportunity to contest the fabricated evidence.
*. Subsequent Proceedings: In June *, new proceedings were initiated, which further compounded the injustice caused by the original ex parte NMO. The subsequent extensions and INMO granted have also been challenged in my applications dated April and May *.
Given these serious procedural errors and misconduct, I request the following:
- The immediate setting aside of the ex parte NMO of July *.
- A full investigation into the conduct of the solicitor and the irregularities in the court process.
- A detailed explanation from the judge regarding the instructions allegedly given to the solicitor.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
SHOULD THIS INCLUDE - I SHOULD BE PROVIDED THE REASONS THE JUDGE EXTEBDED THE INMO IN MAY *, AND WHAT DOES THIS MEAN - Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process?
Case Rating: *
You can certainly include a request for the reasons the judge extended the INMO in May *. Here’s an updated version of the letter:
---
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Challenge to Ex Parte Non-Molestation Order (NMO) of July *
I am writing to formally challenge the Ex Parte Non-Molestation Order granted on * July *. This challenge is based on the following grounds:
*. Alteration of Witness Statement: It has come to my attention that my *-year-old mother’s witness statement was altered without proper authorization, which materially impacted the outcome of the hearing.
*. Non-Service of Correct Documents: I was served with an outdated witness statement, which would not have justified the granting of an ex parte order. The newly added paragraph *, which was untrue, was used to obtain the order.
*. Judicial Instructions: The solicitor’s attendance note alleges that the judge instructed the addition of paragraph *, which is highly irregular and improper.
*. Lack of Fair Hearing: The ex parte order was obtained without my knowledge or presence, and I was not given an opportunity to contest the fabricated evidence.
*. Subsequent Proceedings: In June *, new proceedings were initiated, which further compounded the injustice caused by the original ex parte NMO. The subsequent extensions and INMO granted have also been challenged in my applications dated April and May *.
Given these serious procedural errors and misconduct, I request the following:
- The immediate setting aside of the ex parte NMO of July *.
- A full investigation into the conduct of the solicitor and the irregularities in the court process.
- A detailed explanation from the judge regarding the instructions allegedly given to the solicitor.
- The reasons the judge extended the INMO in May *.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
CAN YOU GIVE ME MOREDETAILS ABOUT THIS - Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Case Rating: *
"Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process" means that if the recipient does not take the requested actions, you may take legal steps to ensure the judicial process remains fair and just. This could include escalating the matter to higher courts, filing formal complaints, or taking other legal actions.
Would you like more specific guidance on how to proceed with these steps?
YES PLEASE. SO I THINK I JUST WORKED OUT AS I AN WRITING TO YOU - IF THE SOL REMOVED ALL MY EVIDENCE FROM THE MAY * BUNDLE AND THE JUDGE EXTENDED THE INMO ON * MAY - I WROTE TO SAY THE COURT HAS MADE A TYPO ERROR BY INCREASING THE EXPIRY OF THE EXTENDED INMO TO JUNE *, BUT COURT SAID IT WAS NOT AN ERROR AND ANY PARTY CAN DO APPLIC TO SET ASIDE THE EXTENSION WITHIN * DAYS. I DID THIS BUT COURT IGNORED IT.
Case Rating: *
It sounds like your situation involves significant procedural issues and potential misconduct. Here are some steps you can consider to ensure the integrity of the judicial process:
*. Escalate the Matter: If the court has ignored your application to set aside the extension, consider escalating the matter to a higher court or judicial authority.
*. Formal Complaints: File detailed complaints with the SRA for solicitor misconduct and the JCIO for any judicial impropriety.
*. Legal Action: If necessary, you may need to initiate legal proceedings to address the procedural errors and ensure a fair hearing.
Would you like more specific guidance on how to proceed with each of these steps?
YES, PLEASE.
Case Rating: *
It sounds like you have a potentially strong case that may require legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
NO, AS I HAVEHAD THREATS THAT NO SOL WILL DO MY CASE/S. THIS IS WHAT HAS BEEN HAPPENING.
Case Rating: *
It sounds like a very challenging and serious situation. Here are the specific steps you can take:
*. Escalate the Matter:
- Consider applying for a judicial review, which can challenge the lawfulness of the decisions or actions of the public body, in this case, the court's handling of your applications.
*. Formal Complaints:
- Solicitors Regulation Authority (SRA): File a complaint detailing the misconduct of the solicitor, including removal of evidence and fabrication of attendance notes.
- Judicial Conduct Investigations Office (JCIO): File a complaint against the judge if you believe there was judicial impropriety in how your case was handled.
*. Legal Action:
- Seek to have the ex parte NMO set aside by presenting your evidence in court.
- Request a hearing or an appeal to ensure your applications and evidence are properly considered.
Would you like more detailed information on how to initiate these specific complaints with the SRA and JCIO?
YES PLEASE.
Case Rating: *
Sure, here are the steps to file complaints with the SRA and JCIO:
Filing a Complaint with the SRA:
-
Visit the SRA Website: Go to the official Solicitors Regulation Authority website.
-
Complaint Form: Download and complete the complaint form. Provide detailed information about the solicitor's misconduct, including dates, actions, and supporting evidence.
-
Submit: Submit the completed form along with any supporting documents via the online submission portal or by mail.
Filing a Complaint with the JCIO:
- Visit the JCIO Website: Go to the Judicial Conduct Investigations Office website.
- Complaint Form: Download and complete the complaint form. Clearly outline the judicial impropriety, including specific instances, dates, and supporting evidence.
- Submit: Submit the completed form and supporting documents via the online submission portal or by mail.
Would you like more specific guidance on any part of this process?
I THINK ALL THE JUDGES NEED TO BE REPORTED FROM * AS WHEN I THINK BACK AT WAT THEY DID ITS UNBELIEVABLE - HOW NUCH ABUSE THEY CAN DO IN A PRIVATE FAM MATTER WHERE MY * YEAR OLD MUM AND ME ARE BEING ABUSED LIKE THIS - ITS LIKE WHEN I TRIED TO SAVE MY ELDERLY DAD I REPORTED TO SOCIAL SERVICES AND OTHERS - TO NO AVAIL - AND THEN THE NMO PROCEEDINGS. SOMRTHING BIG IS BEING COVERED UP.
Case Rating: *
It sounds like you have encountered significant challenges with the judicial system. Here are the steps you can take to file complaints against the judges:
*. Judicial Conduct Complaint:
- Visit the JCIO Website: Go to the Judicial Conduct Investigations Office website.
- Complaint Form: Download and complete the complaint form. Clearly outline the judicial misconduct, including specific instances, dates, and supporting evidence.
- Submit: Submit the completed form and supporting documents via the online submission portal or by mail.
*. Detailed Documentation: Ensure you have all relevant documents, notes, and evidence organized and ready to support your claims.
Would you like more specific guidance on any part of this process?
AS I ALSO HAVE ONGOING HEALTH ISSUES WHICH ARE/HAVE BEEN IMPACTED BY ALL THIS - CAN I SAY THIS IN MY COMPLAINTS AS I CAN'T DO HUGE ANOUNTS OF WORK TO GET THIS DONE. WGAT WILL HAPPEN TO THE LISTED HEARING ABD CONTACT WITH MUM WHICH IS URGENT.
Case Rating: *
You can definitely mention your ongoing health issues in your complaints, as they are relevant to the impact of the situation on you. Here are the steps you can take:
*. Mention Health Issues: Clearly state in your complaint how the situation has affected your health and your ability to manage the legal process.
*. Request Assistance: Ask for any available assistance or accommodations due to your health status.
For the listed hearing and urgent contact with your mum:
- Urgent Application: You might need to file an urgent application to the court explaining the situation and requesting immediate attention to the matter of contact with your mum.
- Legal Support: Given the complexity and urgency, consulting a lawyer could be beneficial.
Would you like more details on how to proceed with these steps?
THE FAM COURT ASKED ME TO DO D11 BUT I WROTE TO THEM THAT MY SUBMISSIONS ARE IN PLACE OF D11 AND THAT NO MORE APPLIC SHOULD BE DONE/REQUIRED DUE TO INACTION OF COURT TO MY APRIL AND MAY APPLICATIONS. I WROTE TO COURT THAT JUDGE S WAS BIASED FOR EXTENDING THE INMO AND SAYING MY APPLIC WOULD BE DEALT WITH BUT IT WAS IGNOTRED OR LOST. THE C STAFF SAY ITS THE JUDGE FAULT BUT WHO LOST MY WITNESS STATEMENTS AN DRAFT ORDERS - FOR ME ITS THE WHOLE COURT - STAFF AND JUDGES , THE COUNSELS AND MUMS SOL - POSSIBKLY SOCIAL SERVICES TOO.
Case Rating: *
It sounds like you have encountered significant procedural issues and potential misconduct throughout your case. Here’s a concise plan of action:
- File a Complaint with the SRA: Detail the misconduct of the solicitor, including removal of evidence and fabrication of attendance notes.
- File a Complaint with the JCIO: Outline the judicial impropriety, including specific instances and supporting evidence.
- Submit a D11 Application: Despite your concerns, submitting a D11 form as requested by the court may be necessary to ensure your applications are formally considered.
Would you like more specific guidance on how to complete the D11 form?
YES.
Case Rating: *
Sure, here is some guidance on how to complete the D11 form:
*. Download the Form: Obtain the D11 form from the official Gov.uk website.
*. Fill in Your Details:
- Your Full Name: Include your name as the applicant.
- Case Number: Provide the case number associated with your application.
- Court Name: Specify the name of the court handling your case.
*. Application Details:
- What order are you asking the court to make and why?: Clearly state that you are requesting the court to set aside the ex parte NMO granted in July * and address the procedural issues, including the removal of evidence and alleged judicial misconduct.
- Why do you need this order?: Explain the impact of the misconduct on your case, including the alteration of witness statements, non-service of correct documents, and lack of a fair hearing.
*. Supporting Evidence:
- Include Details: Attach any supporting documents, such as the attendance notes, witness statements, and correspondence with the court.
- Health Impact: Mention your ongoing health issues and how they have been exacerbated by the delays and misconduct.
*. Sign and Date: Ensure you sign and date the form before submission.
*. Submission: Submit the completed D11 form to the court handling your case.
Would you like more detailed guidance on any specific section of the D11 form?
CAN YOU ALSO LET ME KNOW WHY THE JUDGE TOLD PARTIES TO PREPARE * QUESTIONS EACH FOR X EXAMIMATION AND I NEED TO SEND MINE TO MUMS SOL * DAYS BEFORE THE HEARING? THIS IS UNFAIR AND GOES AHAINST THE FINDINGS OF THE C OF PROT CAP ASSESS WHICH SAYS MUM HAS NO CAP PROBLEMS.
Case Rating: *
The judge's instruction to prepare * questions each for cross-examination is part of the legal process to ensure a fair and thorough examination of witnesses. This preparation allows both parties to understand the questions in advance and ensures that the hearing is conducted efficiently.
Points to Note:
- Cross-Examination Preparation: Judges often require questions to be prepared in advance to streamline the cross-examination process.
- Seven-Day Rule: This rule ensures that both parties have adequate time to review and prepare responses to the questions.
- Court of Protection Findings: If you believe the findings of the Court of Protection are being ignored, you can raise this point during the hearing or through a formal objection.
Would you like more specific guidance on how to proceed with raising your objections or addressing any procedural concerns?
YES, AS THE COP ASSESS IS INCOMPLETE AND FULL OF FICTION BUT THE FAM COURT/MUMS SOL ARE ALL USING THIS TO SAY I HAVE BEEN RAISING UNFOUNDED COMP ABOUT MUMS CAPACITY. YET, IN MY WS I HAVE PROVIDED AN EXHIBIT OF THE COP ORDER ALLOWING ME TO SEND CHALLENGES/QUESTIONS ABOUT THIS ASSESS. I WAS NABLE TO DO DEADLINE AS ALL MY COP SOL LET ME DOWN, TOOK MY MONEY AND WERE STOPPED - ALIGNIONG WITH THE THREAT I OT IN JAN *. THE 2ND NMO PROCEEDINGS WERE DONE TO STOP/INTERFERE IN THE COP ASSESSMENT. JUST BECAUSE I HAD ILL HEALTH AND SEVERAL SOL LET ME DOWN AND THEN MY DOCTOR TOOK WEEKS TO SEND ME MED EVIDENCE DOES NOT MEAN THE COP DECISION/ASSESS IS SAFE/VALID - IT IS NOT.
Case Rating: *
It sounds like you have a significant case involving multiple allegations of misconduct and procedural errors. Would you like to be connected to local lawyers who can better assist you with your case?
NO, AS THEY HAVE NOT BEEN ABLE TO HELP.
Case Rating: *
Given the complexity and seriousness of your case, here are some steps you can take to address your concerns about the cross-examination questions and the Court of Protection assessment:
*. Raise Objections:
- Formally object to the judge's instruction to prepare * questions each for cross-examination if you believe it is unfair.
- Clearly outline your reasons, including the incomplete and fictional nature of the Court of Protection assessment.
*. Highlight COP Findings:
- During the hearing or in your written submissions, emphasize the exhibit of the COP order allowing you to challenge the assessment.
*. Document Health Impact:
- Mention your health issues and how they have affected your ability to meet deadlines and manage the legal process.
*. Request Accommodations:
- Ask the court for any accommodations due to your health status and the challenges you've faced with legal representation.
Would you like more detailed guidance on how to formally object or raise these points in your submissions?
THE OBJECTION I HAVE IS TO SENDING MY QUESTIONS TO THE OTHER SIDE PRIOR TO THE HEARING. THIS SHOWS THE JUDGE KNOWS MUM IS UNABLE TO DEAL WITH THESE QUESTIONS.- WHICH SHOWS MUMS CAPACITY TO LITIGATE IS NOT THERE. ALREADY SHE CAN'T HEAR A WORD OF THE PROCEEDINGS.
Case Rating: *
It seems like you have significant concerns regarding your case. Here are steps you should consider:
-
Formally Object: Raise a formal objection to sending your questions to the opposing side before the hearing.
Points to Include in Your Objection:
- Capacity to Litigate: Emphasize that the requirement to send questions in advance indicates the judge's acknowledgment that your mother cannot handle the questions, which questions her capacity to litigate.
- Hearing Impairment: Note that your mother cannot hear the proceedings, further questioning her ability to litigate effectively.
Would you like more specific guidance on drafting this objection?
YES, PLEASE. SHOULD I ALSO PUT TO COURTS ATTENTION THE COP ORDER ALLOWING ME TO SEND IN QUESTIONS/CHALLENGES TO THE ASSESSOR OF THE CAPACITY? AND MY APPLIC TO COP SHOWING WHY THE ASSESSMENT IS WRONG AND UNRELIABLE?
Case Rating: *
Here’s how to draft your objection:
~Objection Letter Template
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Objection to Requirement for Pre-Hearing Submission of Cross-Examination QuestionsI am writing to formally object to the judge's instruction requiring the submission of cross-examination questions to the opposing side seven days before the hearing. My objection is based on the following grounds:
*.
Capacity to Litigate: The requirement to submit questions in advance suggests an acknowledgment that my mother may not be able to handle the questions, indicating her lack of capacity to litigate effectively. This is a critical issue that must be addressed to ensure a fair hearing.
*.
Hearing Impairment: My mother is unable to hear the proceedings, which further impairs her ability to participate meaningfully in the litigation process.
*.
Court of Protection (COP) Assessment: The COP order allows me to send in questions and challenges to the assessor of my mother’s capacity. I have submitted an application to the COP showing why the assessment is flawed and unreliable. This ongoing assessment and its findings should be considered by the court.
*.
Health Issues: My own health issues have impacted my ability to meet deadlines and manage the legal process. This has been further exacerbated by the actions and inactions of my legal representatives.
Given these concerns, I request the following:
- The court reconsiders the requirement to submit cross-examination questions in advance.
- The court takes into account the COP order and the challenges to the assessment of my mother’s capacity.
- Appropriate accommodations be made to account for my health issues and my mother’s hearing impairment.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
~
Would you like more specific guidance on any part of this letter or need additional steps to take?
THE OTHER ITEM I AN NOT ACCEPTING IS THE SOL MUST NOT DO THE BUNDLE PREP - COURT MUST GET INDEPD PERSON/EXPERT TO DO THIS TASK. ALSO I WAS ASKED TO LET COURT KNOW IF I AM DOING LITIG IN PERSON OR REPRESENTED BY TODAY. BUT I HAVE WRITTEN TO COURT FOR A MOMNTH TO SORT OUT THES OUTSTANDING ISSUES - HOW CAN I DEAL WITH THIS REQUIREMENT? I HAVE AN EMAI TO COP OF JULY * TELLING THEM TO INCLUDE MUMS CAPAC TO LITIGATE IN THE ASSESSMENT - I WAS IGNORED.
Case Rating: *
Here’s how you can address these issues:
*.
Independent Bundle Preparation:
-
Request the Court: You can request the court to appoint an independent person/expert for bundle preparation to ensure fairness.
*.
Representation Clarification:
-
Inform the Court: Clearly state your current position regarding representation and any ongoing issues.
Draft Letter:
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Independent Bundle Preparation and Representation Clarification
I am writing to formally request the following:
*. Independent Bundle Preparation: I request the court appoint an independent person/expert to prepare the bundles for this case, to ensure fairness and impartiality. The preparation by the opposing solicitor has raised serious concerns regarding the integrity of the documents.
*. Clarification of Representation: Although I was asked to confirm whether I will be representing myself or have legal representation by today, I have been in continuous communication with the court to resolve outstanding issues. My position is as follows:
- I have been experiencing significant procedural and representation issues.
- I have an email from July * to the Court of Protection (COP) requesting the inclusion of my mother’s capacity to litigate in the assessment, which has been ignored.
Given these concerns, I request that the court considers my current situation and provides direction on these matters.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
THE FACT THAT I HAD A THREAT IN JAB * SAYNG NO SOL WILL DO MY CASE, WILL TAKE MYMONEY, WASTE MY TIMME, MESS UP MY CASE, WILL BE PAID OFFBY MUMS SOL AND WILL BE STOPPED - HOW CAN I USE THIS IN MY REPRESENTATION ISSUE?
Case Rating: *
You can mention the threat you received as part of your concerns regarding representation and the difficulties you have faced. Here’s how to incorporate this into your letter:
---
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Independent Bundle Preparation and Representation Clarification
I am writing to formally request the following:
*. Independent Bundle Preparation: I request the court appoint an independent person/expert to prepare the bundles for this case, to ensure fairness and impartiality. The preparation by the opposing solicitor has raised serious concerns regarding the integrity of the documents.
*. Clarification of Representation: Although I was asked to confirm whether I will be representing myself or have legal representation by today, I have been in continuous communication with the court to resolve outstanding issues. My position is as follows:
- I have been experiencing significant procedural and representation issues.
- I have an email from July * to the Court of Protection (COP) requesting the inclusion of my mother’s capacity to litigate in the assessment, which has been ignored.
- I received a threat in January * stating that no solicitor would take my case, waste my time, mess up my case, and be paid off by my mother’s solicitor. This has severely impacted my ability to secure legal representation.
Given these concerns, I request that the court considers my current situation and provides direction on these matters.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
I ALSO ASKED COURT TO INVESTIGATE ALL THE SOL WHO HAVE BEEN INVOLVED I MY CASE.
Case Rating: *
Here’s how you can incorporate your request for an investigation into all solicitors involved in your case:
---
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Independent Bundle Preparation, Representation Clarification, and Investigation Request
I am writing to formally request the following:
*. Independent Bundle Preparation: I request the court appoint an independent person/expert to prepare the bundles for this case to ensure fairness and impartiality. The preparation by the opposing solicitor has raised serious concerns regarding the integrity of the documents.
*. Clarification of Representation: Although I was asked to confirm whether I will be representing myself or have legal representation by today, I have been in continuous communication with the court to resolve outstanding issues. My position is as follows:
- I have been experiencing significant procedural and representation issues.
- I have an email from July * to the Court of Protection (COP) requesting the inclusion of my mother’s capacity to litigate in the assessment, which has been ignored.
- I received a threat in January * stating that no solicitor would take my case, waste my time, mess up my case, and be paid off by my mother’s solicitor. This has severely impacted my ability to secure legal representation.
*. Investigation of Solicitors: I formally request an investigation into all solicitors who have been involved in my case. Their conduct has raised serious concerns, and an independent review is necessary to ensure the integrity of the judicial process.
Given these concerns, I request that the court considers my current situation and provides direction on these matters.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or any additional steps to take?
CAN YOU DO A ROBUST LETTER TO TE SOL ABOUT HER DECEPTION OF REMOVING MY EVIDENCE FROM THE MAY * BUNDLE AND AUG * BUNDLE WITH THE MAY ONE IMPACTING THE EXTENSION OF THE INMO. THIS WILL NOT BE OF ANY DISADVANTAGE WILL IT?
Case Rating: *
Here’s a robust letter addressing the solicitor’s alleged deception:
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[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Solicitor's Name]
[Solicitor's Firm]
[Recipient's Address]
[City, Postcode]
Dear [Solicitor's Name],
Re: Removal of Evidence from May * and August * Bundles
I am writing to formally address and object to the deceptive removal of my evidence from the bundles prepared for the May * and August * hearings. This misconduct has significantly impacted the fairness of the proceedings, particularly concerning the extension of the Interim Non-Molestation Order (INMO) in May *.
Grounds for Objection:
*. Removal of Evidence: My evidence was deliberately removed from the bundles, affecting the judge's decision to extend the INMO in May *. This act of deception undermines the integrity of the legal process and my right to a fair hearing.
*. Impact on INMO Extension: The absence of my evidence led to an undue extension of the INMO, which I have formally challenged. The court must be aware of this malpractice to ensure a fair reassessment of the order.
*. Professional Misconduct: The deliberate removal of critical evidence constitutes serious professional misconduct. This action not only misleads the court but also obstructs justice.
Request for Action:
- Immediate Rectification: I demand the immediate inclusion of my evidence in both the May * and August * bundles.
- Investigation: I request a full investigation into this matter to hold accountable those responsible for this misconduct.
- Fair Hearing: Ensure that all future proceedings are conducted with complete transparency and fairness, with my evidence duly considered.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
should this letter be copied to the court as well or is a sep letter needed for court?
Case Rating: *
You can copy this letter to the court to ensure that they are aware of your concerns and the solicitor's alleged misconduct. However, it may be beneficial to draft a separate letter specifically addressing the court to clearly outline your requests and the procedural issues. Here's a concise suggestion:
Letter to the Court:
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[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Procedural Concerns and Request for Independent Investigation
I am writing to formally bring to the court's attention the serious procedural issues and alleged misconduct related to the removal of my evidence from the bundles prepared for the May * and August * hearings.
Key Concerns:
*. Removal of Evidence: Deliberate removal of my evidence from the bundles, significantly impacting the fairness of the proceedings, particularly the extension of the Interim Non-Molestation Order (INMO) in May *.
*. Impact on INMO Extension: The absence of my evidence led to an undue extension of the INMO, which I have formally challenged.
*. Request for Independent Bundle Preparation: I request the appointment of an independent person/expert to prepare the bundles to ensure fairness and impartiality.
*. Investigation of Solicitors: I request an investigation into all solicitors involved in my case due to serious concerns about their conduct.
*. Clarification of Representation: I have faced significant procedural and representation issues, including a threat received in January * impacting my ability to secure legal representation.
Given these concerns, I request the court's immediate attention to these matters to ensure a fair and transparent judicial process.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
I AM SENDING YOU THE LETTER I SENT TO COURT & SOL ON * AUG * AS TO THE MESS RE. BUNDLE PREP THEN HERE IS 1ST PARAG - I WILLL SEND YOU OTHER * PARAGS SEPARATELY:
Subject: Concerns Regarding Bundle Versions and Prejudice to Case Preparation
I am writing to express my concerns regarding the discrepancies in the court bundle, which have only recently come to my attention. I have discovered that there are now three different versions of the bundle sent to the court in contravention of the Civil Procedure Rules (CPR) Rule *.* ‘the bundle should be prepared in such a way as to avoid duplication of documents…’. I was only provided with a full hard copy of the December version, upon which I have been relying for case preparation.
Case Rating: *
It sounds like you have a strong case regarding procedural issues and misconduct. Here's a suggestion for your next steps:
- Continue with your detailed complaints to the SRA and JCIO.
- Follow the guidance for submitting your D11 form.
- Use the provided template letters to address specific concerns with the court and solicitor.
Would you like any further assistance with these steps?
Specifically, I have noted that in the version I received, the altered transcript starts at page *. However, I have now learned that in the latest version, the transcripts begin at page *. This significant change was not communicated to me, and I have been informed that the only modifications were the addition of translator certifications to each transcript and the inclusion of new correspondence documents in a separate file. This statement appears to be incorrect, as the changes go beyond what was described.
Case Rating: *
It seems like you have a significant case involving procedural issues and misconduct. Here are the steps to address the altered transcript issue:
*. Draft a Letter to the Court:
- Outline the Issue: Clearly state the discrepancies in the court bundle versions and the alterations in the transcripts.
- Request Rectification: Ask the court to investigate and rectify the issue.
Here’s a template for your letter:
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[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Discrepancies in Court Bundle Versions and Altered Transcripts
I am writing to express my concerns regarding the discrepancies in the court bundle versions and the alterations in the transcripts, which have come to my attention. Specifically:
*. Altered Transcript: In the version I received, the altered transcript starts at page *. However, I have now learned that in the latest version, the transcripts begin at page *. This significant change was not communicated to me.
*. Miscommunication: I was informed that the only modifications were the addition of translator certifications and new correspondence documents. This statement appears to be incorrect, as the changes go beyond what was described.
*. Impact on Case Preparation: These discrepancies have prejudiced my case preparation and impacted my ability to present my evidence accurately.
Request for Action:
- Investigation and Rectification: I request the court to investigate these discrepancies and ensure that an accurate and complete version of the bundle is provided.
- Transparent Communication: Ensure that any future modifications to the bundle are clearly communicated to all parties involved.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
These inconsistencies are causing me considerable prejudice in preparing my case, as I have been relying on outdated or incomplete information. Despite assurances that the matter has been ready since December, the ongoing issues with the bundle are hindering my ability to progress the case effectively. This situation is also contributing to my health problems, which are being exacerbated by the stress and confusion surrounding the bundle.
I request immediate clarification on the current status of the bundle, including a detailed explanation of all changes made since the December version. Additionally, I ask that I be provided with a complete and accurate copy of the most recent bundle to ensure that I can continue to prepare my case without further delays or complications.
Case Rating: *
Here’s an updated letter incorporating your additional points:
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[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Discrepancies in Court Bundle Versions and Altered Transcripts
I am writing to express my concerns regarding the discrepancies in the court bundle versions and the alterations in the transcripts, which have come to my attention. Specifically:
*. Altered Transcript: In the version I received, the altered transcript starts at page *. However, I have now learned that in the latest version, the transcripts begin at page *. This significant change was not communicated to me.
*. Miscommunication: I was informed that the only modifications were the addition of translator certifications and new correspondence documents. This statement appears to be incorrect, as the changes go beyond what was described.
*. Impact on Case Preparation: These discrepancies have prejudiced my case preparation and impacted my ability to present my evidence accurately.
*. Health Impact: The ongoing issues with the bundle are exacerbating my health problems due to the stress and confusion surrounding the bundle preparation.
Request for Action:
- Investigation and Rectification: I request the court to investigate these discrepancies and ensure that an accurate and complete version of the bundle is provided.
- Transparent Communication: Ensure that any future modifications to the bundle are clearly communicated to all parties involved.
- Current Status and Explanation: Provide immediate clarification on the current status of the bundle, including a detailed explanation of all changes made since the December version.
- Complete and Accurate Bundle: Provide a complete and accurate copy of the most recent bundle to ensure that I can continue to prepare my case without further delays or complications.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
---
Would you like more specific guidance on any part of this letter or additional steps to take?
THIS LETTER WAS WRITTEN/SENT * DAYS BEFORE THE AUG * HEARING. THE BUNDLE ISSUE WAS ONE OF MY * ITEMS LISTED IN MY APRIL * APPLIC WHICH IS STILL OUTSTANDING - THE * ITEMS WERE - DISCHARGE NMO, DEBAR FURTHER APPLICATIONS, ADJOURN THE HEARING LISTED IN MAY *, REMOTE HEARINGS ONLY, NON DISCLOSURE BY SOCIAL SERVICES, BY COP, BY MUMS SOL, ALTERED/TAMPERED TRANSCRIPTS OF CALLS BETWEEN MUM AND ME, BUNDLE IS WRONG - MISSING MANY DOCS AND MANY DUPLICATES, COSTS. CAN YOU SEE THE COURT INACTION ON THIS HAS ENABLED SUPPORTED ALLOWED THE UNSRUPULOUS SOL TO DO MORE DAMAGE TO MY CASE?
Case Rating: *
It appears the court's inaction has significantly impacted your case. Here’s a refined version of the letter to the court addressing the critical issues:
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[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Postcode]
Dear [Recipient's Name],
Re: Procedural Concerns and Request for Immediate Action
I am writing to address serious procedural issues and the impact of the court’s inaction on my case. This includes the removal of evidence, discrepancies in court bundle versions, and the ongoing prejudice to my case preparation. My April * application, which remains outstanding, included the following items:
*. Discharge NMO
*. Debar Further Applications
*. Adjourn the Hearing Listed in May *
*. Remote Hearings Only
*. Non-Disclosure by Social Services, COP, and Mum’s Solicitor
*. Altered/Tampered Transcripts of Calls Between Mum and Me
*. Incorrect Bundle - Missing Documents and Duplicates
*. Costs
Key Concerns:
*. Removal of Evidence: My evidence was deliberately removed from the May * and August * bundles, impacting the fairness of the proceedings, especially the extension of the INMO.
*. Discrepancies in Bundle Versions: The altered transcript starts at page * in my version but at page * in the latest version, which was not communicated. This has significantly hindered my case preparation.
*. Health Impact: The stress and confusion caused by these ongoing issues are exacerbating my health problems.
*. Court Inaction: The court's failure to address my April and May applications has enabled further misconduct by the opposing solicitor.
Request for Action:
- Investigation and Rectification: I request an investigation into these discrepancies and the immediate inclusion of my evidence in the bundles.
- Transparent Communication: Ensure clear communication of any future modifications to the bundle.
- Immediate Clarification: Provide a detailed explanation of all changes made since the December version and a complete, accurate copy of the most recent bundle.
- Independent Bundle Preparation: Appoint an independent person/expert to prepare the bundles to ensure fairness.
- Address April * Application: Promptly address all items listed in my April * application.
Failure to address these issues promptly may result in further legal action to ensure the integrity of the judicial process.
Yours sincerely,
[Your Name]
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Would you like more specific guidance on any part of this letter or additional steps to take?
COURT IS DEAF AND BLIND TO MY MATTER - WHAT SHOULD I DO
Case Rating: *
It sounds like you have a serious and complex case with multiple procedural issues and potential misconduct. Here are some steps you can take:
*. Escalate the Matter: Consider applying for a judicial review to challenge the lawfulness of the court's actions or inactions.
*. Formal Complaints: File detailed complaints with the SRA and JCIO, including all supporting evidence.
*. Legal Action: Consider initiating legal proceedings to address the procedural errors and ensure a fair hearing.
Would you like to be connected to local lawyers who can better assist you with your case?
If you agree, I will need to collect some information to proceed:
*. What is your name?
*. What is your phone number?
*. What is your zipcode?
*. What is your email address? (optional)
*. Can you give me a bit more information about the issue?
WHAT DO YOU MEAN BY THIS- *. Legal Action: Consider initiating legal proceedings to address the procedural errors and ensure a fair hearing.
Case Rating: *
Initiating legal proceedings to address procedural errors means formally bringing your concerns before a higher authority, such as a court, to rectify any mistakes or misconduct that have occurred during your case. This could involve filing a new lawsuit or motion to ensure your rights are protected and you receive a fair hearing.
Would you like more detailed information on how to initiate legal proceedings?
YES, PLEASE BUT WHAT ABOUT SRA AND JCIO - CAN THEY NOT DO ANYTHING?
Case Rating: *
Here’s what you can do:
Filing Complaints with the SRA and JCIO:
*.
Solicitors Regulation Authority (SRA):
-
Visit the SRA Website: Go to the official SRA website.
-
Complaint Form: Download and complete the complaint form, detailing the solicitor's misconduct with supporting evidence.
-
Submit: Submit the form and evidence via the online portal or by mail.
*.
Judicial Conduct Investigations Office (JCIO):
-
Visit the JCIO Website: Go to the JCIO website.
-
Complaint Form: Download and complete the form, outlining judicial misconduct with specific instances and evidence.
-
Submit: Submit the form and evidence via the online portal or by mail.
Initiating Legal Proceedings:
*. Judicial Review:
- Apply for a judicial review to challenge the lawfulness of the court's actions or inactions.
*. New Lawsuit or Motion:
- File a new lawsuit or motion to bring procedural errors to a higher authority's attention to ensure a fair hearing.
Would you like more detailed information on how to initiate legal proceedings?
YES, PLEASE - WHAT GROUNDS WILL I HAVE AND WHERE WOULD THESE NEED TO GO?
Case Rating: *
You have strong grounds for initiating legal proceedings due to the procedural errors, misconduct, and potential bias you have experienced. Here’s a brief guide on how to proceed:
Grounds for Legal Proceedings
*.
Procedural Errors: Inaccurate court bundles, removal of evidence, and lack of communication.
*.
Misconduct: Allegations against the solicitor for evidence tampering and against the judges for potential bias.
*.
Health Impact: Stress and health issues exacerbated by the ongoing procedural problems.
*.
Judicial and Solicitor Misconduct: Complaints to SRA and JCIO.
Steps to Initiate Legal Proceedings
*. Judicial Review:
- Grounds: Challenge the lawfulness of the court's decisions and actions.
- Where to File: Administrative Court.
*. New Lawsuit or Motion:
- Grounds: Address procedural errors and seek a fair hearing.
- Where to File: Appropriate court (likely High Court).
Would you like more detailed guidance on these steps? Please let me know if you require any further assistance.
DO I NEED TO DO STEPS * & * TOGETHER?
Case Rating: *
Given the complexity and seriousness of your case, initiating both a Judicial Review and filing complaints with the SRA and JCIO could be beneficial. Here’s how to proceed:
Steps:
*. Judicial Review:
- Purpose: Challenge the lawfulness of the court's actions or inactions.
- Where to File: Administrative Court.
*. Complaints:
- SRA: For solicitor misconduct (Visit the SRA website, complete the complaint form, and submit it with evidence).
- JCIO: For judicial misconduct (Visit the JCIO website, complete the complaint form, and submit it with evidence).
Would you like more detailed guidance on any of these steps, or do you wish to be connected to local lawyers who can better assist you with your case?
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