Vexatious Litigant in Person in Matrimonial proceedings

I am assisting a client with the financial arrangements of a very unpleasant divorce at the moment, truly vitriolic, My client's ex husband has behaved very threateningly and having just read this recent case I will be assisting my client to bring her ex husband's behaviour to the attention of the Judge supported by this decision which has been made by the Higher Court. I can only hope that the Judge will be realistic and proceed to finalise the financial arrangements before my client and her children lose their home.

Just to give you a taster here is a small section of the Judge's comments:-

"the conduct of the husband. It has been truly abysmal. Since the claim was commenced in September 2012 there have been over 30 hearings including four appeals mounted by the husband. This deluge has been caused by the husband's extreme litigation misconduct. In parallel proceedings concerning a bogus loan asserted by his sister he made threats to kill against the wife and her counsel for which he was committed to prison for contempt. In these ancillary relief proceedings he has been removed from the courtroom on at a least one occasion by security staff. He has been repeatedly warned by judges about his unpleasant menacing conduct in court. On one occasion he assaulted the wife's counsel and the wife in court for which he was later convicted of assault in the magistrates' court. He skipped his sentencing hearing and fled abroad from where he has bombarded the court with abusive emails claiming that he has a fatal illness and demanding that the proceedings be adjourned indefinitely. In the course of the proceedings he has entered into a number of transactions designed to defeat the wife's claims...."

For the full report go to http://www.bailii.org/ew/cases/EWHC/Fam/2015/3095.html

The impact of fraudulent non-disclosure in relation to a financial settlement agreed between the husband and the wife on divorce

If you find out that your spouse has made or is making a fraudulent statement to the Court in respect of  their finances, then the case you will access when you hit this link is a must read https://www.supremecourt.uk/cases/docs/uksc-2014-0074-judgment.pdf

Discretionary Housing Benefits - Landlord and Tenant

If you are on Disability Living Allowance, this information you can access on this link could be vital if you are applying for Discretionary Housing Benefits

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/453392/discretionary-housing-payments-guide-aug-15.pdf

TAKING A MCKENZIE FRIEND TO COURT WITH YOU

Don't forget that if you do have to go to Court on your own because you can't afford legal representation then you can take a either a non professional or professional McKenzie friend with you. A McKenzie friend will be able to :-

• Provide moral support for the LIP
• Take notes
• Help with case papers...
• Quietly give advice on:
points of law or procedure
issues that the litigant may wish to raise in court
questions the litigant may wish to ask witnesses.
 
Even though taking a Mckenzie friend to a hearing is great be warned a McKenzie friend will not be able :-

• to act on the behalf of a Litigant in Person.
• He/she may not act as the LIP’s agent in relation to the proceedings nor manage the case outside court, for example, by signing court documents.
• A McKenzie Friend is not entitled to address the court, nor examine any witnesses.

 However, in exceptional circumstances, a judge may grant a McKenzie Friend what is termed “right of audience” in a particular case. The McKenzie Friend would then be allowed to address the court and conduct the litigant’s case for him, as a solicitor or barrister would normally do 

Fees, the Cost of bringing Court proceedings and Remission of fees

When bring proceedings you normally have to pay a fee and these can be hefty:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf



 But did you know you may be eligible to claim for remission of Court fees for more info go to

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4396

Charging for the time you spend acting as a Litigant in person

Don't forget as a Litigant in Person if you are successful you can charge for your time which is £18.00 per hour, I know its not a lot but it all helps, and you can recover your Court fees.

http://www.lawgazette.co.uk/law/benchmarks/costs-and-litigants-in-person/5038419.fullarticle