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Subject: Directions Hearing
Posted By Captain Oates on 18-12-2009
OK, so after the last post has pointed out, I am fairly stressed about this at the moment and after direction. So, I phoned the court today and spoke to the court manager who advised that my C2 application has been to a circuit court judge and the following is on it's way to me.
'Upon considering Mr X's application and the attached documents and upon the circuit court Judge who made the order no longer being available, the court directs that the application is listed before a circuit Judge for 30 minutes.
At the hearing ther Court will
a.) Consider whether to set asider the order made on 2 September 2009 in the absence of Mr X, and if the order is set aside
b.) Give directions for the further conduct of proceedings
Listed for 30minutes, January 29 2010.
Well, my problem is the last point of the order says that if I don't provide a reasonable explanation why I didn't attend court last time, then the court may make an order of costs against me.
Given that I have just had a massive costs bill I am mad with anxiety about this and think I will have to pull out. I am really just after advice please.
I was thinking of writing to the circuit court judge and asking for a guarantee that there will be no award for costs against me, without such a guarantee I think I will have to pull out and will say that to him, as I simply can't risk it with the way money is for me at the moment. I'm in a right state. The other side have spent thousands and thousands on this and will have a big london barrister to go against me in court and me by myself not knowing what I'm doing again. I wouldn't mind so much but for the threat of costs. Would really appreciate some help and advice.
The order I have says Sat morning to Sun evening every other weekend, thing is it doesn't feel like enough as I have always been a good Dad and enjoyed seeing them 3 weekends out of 4, 2 of them being full Friday to Monday weekends.
Think my question for the likes of Simes is can I write to the Judge my concerns and ask for a reply or expect to lose costs given the order and top london barrister against me?
Follow up comments
Added By Captain Oates on 18-12-2009
Should I withdraw my application? Can I? How do I? When do I need to do this by?
Added By Simes 2p on 18-12-2009
Capt,
Costs are only awarded when one side has been unreasonable. Not turning up without good excuse is unreasonable and liable to have costs awarded.
If you do have a decent excuse, and a decent reason why the previous order was wrong, then you should go and argue it. Basically, it will be arguing what you missed last time. The Judge will be considering whether to delete the last order made and go back to where you were.
The Judge cannot give you any guarantee as to costs. It is set in law, and he can't change that.
If you decided to wothdraw, then you can just write to the Court, give a reason, (fear of costs should be good enough) and just say you wish to withdraw. Do it as soon as you can. Do it too late, and the other side will ask for any costs they have incurred preparing for the hearing.
I think your best bet is to attend the hearing, explain why you didn't go before, and see what the Judge is willing to do to help you. If it isn't looking promising, then ask at that hearing to withdraw.
I would add, that having listend to thousands of whinging men complaining about the Courts, only about 4 or 5 have ever had costs awarded.
Added By EnglishRose on 19-12-2009
Why didn't you turn up at a hearing? That;'s dreadful and should never happen. Surely a costs penalty against you for that is entirely appropriate? If you camn't make it you haev to apply to court to have the day changed if the other side don't agree, not just not turn up. It's a waste of my and other tax payers' money when people don't turn up, very very bad form. Were you dyijng in hospital? Qas there good reason not to be there? I hope you've never missed an agreed contact time or date.
Added By obiwan_kenobi_again on 21-12-2009
I cant believe this- I have empathy for oats-so-simple...
but... i think oatsy is DEAD stressed... not seeing your kids is a unique form of stress- i have seen the strongest types wither under it...
I wish you had posted here BEFORE you decided not to go oatsy..
we could have talked sense into you (lol... not me though...)
please think about it...
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