LIP for a Fact Finding

[Richie1989]

Forgive me for not understanding the terms but what does 'reciprocated testing' mean?

Basically, whatever testing the mum is requesting then ask for the same. Keep yourself clean as a whistle and then see how she responds to you requesting for her to have the same tests. Make it clear on the day you are happy to have whatever test but you want her to have the same and if she is on legal aid for her to pay. This is if you have already tested. If she is getting legal aid and you are not then state you don’t have the money to keep paying for these things. If she does as well then fair enough. Obviously your barrister will do this on your behalf unless you are going LIP. It was a game changer for me and for other people I know. Generally whatever you are being accused off that’s exactly what they are doing! That was my situation anyway. Hope this helps and makes sense

 

[DadLad]

Basically, whatever testing the mum is requesting then ask for the same. Keep yourself clean as a whistle and then see how she responds to you requesting for her to have the same tests. Make it clear on the day you are happy to have whatever test but you want her to have the same and if she is on legal aid for her to pay. This is if you have already tested. If she is getting legal aid and you are not then state you don’t have the money to keep paying for these things. If she does as well then fair enough. Obviously your barrister will do this on your behalf unless you are going LIP. It was a game changer for me and for other people I know. Generally whatever you are being accused off that’s exactly what they are doing! That was my situation anyway. Hope this helps and makes sense

Ahh ok. Testing isn't needed in my case. Those allegations were dismissed earlier on in my case.

I thought this was referring to testing the mothers statements etc

I got that completely wrong lol

 

[DadLad]

With regards to a witness template, what exactly is this?

As part of the order, the ex's solicitor needs to prepare and file a witness template 2 weeks before the hearing.

Can they just add more witnesses to this?

 

[Richie1989]

With regards to a witness template, what exactly is this?

As part of the order, the ex's solicitor needs to prepare and file a witness template 2 weeks before the hearing.

Can they just add more witnesses to this?

Is this for the final hearing?

 

[DadLad]

Is this for the final hearing?

Yeah it's a composite final hearing (fact find and final hearing in one)

 

[Richie1989]

Yeah it's a composite final hearing (fact find and final hearing in one)

Have you not been ordered to submit one for the hearing as well?

 

[DadLad]

Have you not been ordered to submit one for the hearing as well?

The order states: The Solicitors for the Respondent do prepare and file at Court a Witness Template

 

[Richie1989]

The order states: The Solicitors for the Respondent do prepare and file at Court a Witness Template

Are you the respondent?

 

[Ash]

I'm not sure what they mean by a witness template if you've already submitted your own witness/final statements.

 

[DadLad]

I'm not sure what they mean by a witness template if you've already submitted your own witness/final statements.

Just as a guess. Could it mean a list of witnesses for cross-examination?

 

[Nanaforsonsjustice]

Just as a guess. Could it mean a list of witnesses for cross-examination?

It is a list of witness for the fact finding hearing, it will list all witnesses the exs solicitor want and you want to be ready to give an account and be cross examined during the fact finding hearing. You need to agree it with the exs solicitors prior to it being sent to court, to make sure it includes any witnesses you want for yourself or who you want to cross examine. If they aren’t on the list they won’t be permitted to give evidence in court or be cross examined.

 

[MAN_B]

Just as a guess. Could it mean a list of witnesses for cross-examination?

Just to add on to Nanaforsonsjustice's response, the witness template will list all witnesses as well as the start and finish times during which they'll be providing evidence on the stand

 

[Ash]

Great stuff - thanks Nana and Man_B.

 

[DadLad]

Thank you @Nanaforsonsjustice and @MAN_B for the clarification.

Much appreciated

 

[DadLad]

Hi all,

A few more questions.

1) What should I cover in my position statement for my final hearing?

2) What should I cover in my opening statement at the hearing on the first day?

 

[DadLad]

How do I amend a bundle index? The bundle is a pdf.

The ex's solicitor agreed in April to my exhibits and audio files to be included in the bundle.

They then backtracked when I asked for them to be listed in the bundle index.

This bundle needs filing with the court and they are purposely delaying it so I am going to add what was agreed and file it myself.

Should I name and date the audio files and then include those same titles in the bundle index?

What is the best way to do it from a cross reference point?

 

[Richie1989]

How do I amend a bundle index? The bundle is a pdf.

The ex's solicitor agreed in April to my exhibits and audio files to be included in the bundle.

They then backtracked when I asked for them to be listed in the bundle index.

This bundle needs filing with the court and they are purposely delaying it so I am going to add what was agreed and file it myself.

Should I name and date the audio files and then include those same titles in the bundle index?

What is the best way to do it from a cross reference point?

My solicitor told me to make all referencing short, snappy and direct. Not long winded so the judge just passing over then with no interest. Hope this helps

 

[DadLad]

My solicitor told me to make all referencing short, snappy and direct. Not long winded so the judge just passing over then with no interest. Hope this helps

With regards to the bundle index?

 

[DadLad]

During my last hearing the judge presumed that I would have representation for my final hearing. I did not expect it to become a 4 day composite final hearing. I do not have the financial resources for representation so I am doing this as a LIP.

I emailed the court over a month ago explaining my situation asking for the judge to cross-examine the ex and for me to submit my questions. I chased this email up again and still no reply.

My concern is that I have been waiting 6 months for my final hearing to then turn up on the day at it collapses because of the cross-examination.

All the courts now have a national contact centre hub so I can't even ring the court directly and chase it up.

I am getting a bit worried about it given that my hearing is a few weeks away.

 

[DadLad]

I had this and it's a nasty solicitors trick.

What I did was take their bundle and used a pdf editor software and added my documents to the bundle. Remember to add the document in the correct subheading and on the contents page and also continue the cross referencing letter and number at the bottom of the page, eg C27.

I used Adobe but I read on here somewhere that there's another that is free, lovepdf??

Then, I sent it to the court and copied her solicitor in stating that they refused to add documents that were agreed and therefore this is the court bundle. As the applicant you are responsible for the bundle anyway but usually if other side is represented they do it to be fair.

Solicitors are never to be trusted, they are horrendous.

Hi, what pdf editing software did you use? I'm going to edit the bundle myself and include the agreed documents which they are trying to leave out.