Tuesday, November 22, 2011

Uk legal advice please?

If someone does not adhere to the agreement made through the court on an 'agreement and consent order' what should you do? Thank you


I asked before but it wasn't on uk answersUk legal advice please?
You don't say how long this individual has not been adhering to the Court Order... if it was almost as soon as the Order was made you may find yourself on a bit of a sticky wicket since the Court will question why you didn't take action sooner.....if however this individual has been adhering and then only recently not adhered to the Order, then the Courts will want to speak with them (usually during a Hearing in Chambers) to find out what has happened to make them break the Order..... if it's a situation that has suddenly occurred, the Court might consider giving this individual more time to find a way of adhering to the Order..... whichever way it is you will need to go back to the Court and request a Hearing so that both sides can put their situations and arguments re adhering to the Order.... it may be that another judge might find that the original Order was unreasonable or created a situation where the individual experienced hardship in some way that has resulted in not adhering to the Order.... only a Judge can hear any appeal and make a decision on where fault (if any lies) .....however it must be borne in mind that a breach of a Court Order can result in prison time..... so be very clear about your position in this situation ..... it might be a better idea (since only you know the full extent of the situation and relevant circumstances) to ask for the Order to be varied (this showing that you are trying to be reasonable) so that the other person really cannot argue about not adhering to the Order.... then the Court will take a much sterner view on non-compliance......Uk legal advice please?
Well, it depends what it is.





If it's an agreement to pay money, the court will take enforcement proceedings if you request them to do so.





If it's an agreement to take a step in on-going proceedings, the court may strike out the claim or defence of the defaulting party.





The order should specifiy what must be done, and what will happen if it is not done. If in doubt, refer the matter back to court and they will list it for a hearing if necessary.
Depends upon the wording of the order, depends whether the matter is under appeal (*), and, depends whether a Judge of 'elevated rank' is dealing with the matter (*) - with appropriate leave of course.
speak to a solicitor





answer mine please


http://uk.answers.yahoo.com/question/ind鈥?/a>
You go back to your solicitor, who will take appropriate action. the penalties for breaking such agreements can be severe.
The person is in contempt of court. Consult a solicitor and start legal proceedings
Contact your solicitor/court, they will advise you further
Contact the court as they will be in breach of a court order

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