What to do when the Court system is Creaking at the Seams
His Honour Judge Wildblood QC, said in a Judgement given on 25th September 2020
“lawyers…. can be expected to steer their clients away from court”.
and added “If you bring unnecessary cases to this court, you will be criticised, and sanctions may be imposed upon you”.
Both these comments seem to fly in the face of what most people assume Solicitors do all day!
The court system is now in a desperate state. After the removal of legal aid for most private family law cases, budget cuts and now several months of the effects of COVID-19 the system is creaking at the seams, if not on its knees. Judges and lawyers want the best for their clients and court users. However the listing of several cases on the same day can mean that, just as on an airplane you may not fly if the plane is over booked, if the other case doesn’t settle then your hearing will be delayed or come out of the list completely. Quite often you will only find out about this the day before you are due to be in court. Any costs that you have incurred are borne by you and cannot be claimed back from the court!
If you do get to court, because the Judges are overloaded then I am sad to say that quite often they will not have read the papers they have in front of them.
Most importantly the court is vital to some people, if you are in danger or suffering harm or threat of harm from a family member, or your child has disappeared there is often no other option but to obtain an emergency order for protection from the court.
So what do solicitors at Kay & Pascoe LLP do all day if they don’t go to court?
Our tag line at Kay & Pascoe LLP is “Finding Solutions” and I think this remains the best way to describe our role.
It is even more important these days to instruct an expert family lawyer. We have all spent many years training in alternative forms of dispute resolution.
Sharon at Kay & Pascoe LLP is a mediator, John, Fiona and Tara are collaborative lawyers. Lee, Sharon and Fiona have voluntarily undertaken additional exams to become experts in their field. We all use new and up to date methods for resolving disputes for example arbitration, early neutral evaluation and round table meetings.
Many lawyers only use and offer court proceedings or written negotiations. They often do not spend time considering whether this will provide the best outcome for you.
High conflict cases that ultimately end up in an argument about the timings of the children’s arrangements on a Saturday or where the handover of the children takes place are usually very distressing for the parents and often expensive. Going to court instead of speaking to a family consultant or considering arbitration can increase the distress and prevent any chance of co-parenting in the future.
Following HHJ Wildblood QC’s Judgement it is likely that more Judges will start to take action and clients will be penalised if applications that could be resolved in another way end up in court.
All Kay & Pascoe LLP’s family lawyers have a range of tools they can use to help you reach a settlement.
Contact us at Crowborough 01892 664348 or Heathfield 01435 817060
Fiona Connah
