Getting in front of a Judge quickly

To keep it brief, at the FDR I was told by my barrister that if I needed to go back in front of a Judge later to enforce the Order I could request an emergency hearing.

I'm now self-representing and so phoned the Court this week to ask how I would request this. I was met with a complete lack of knowledge, apart from file a D11.

Clearly if an offer comes in for the house which I want to accept and my ex doesn't, then I cannot wait 2 months to ask for the Judge to agree the offer - there has to be some quicker way.

As I understand it a D11 cannot be speeded up. Can anyone advise me differently?
Thanks

It depends upon the terms of the order as to what the court will do. If the agreed order specifies a valuation on the property which someone has now offered your ex should agree.

However, if the offer is less than the valuation, you both need to agree, particularly if the offer is to the detriment to both you and your ex.

Of course, if you agreed to bear the shortfall in the sale price, everyone should be happy.

If all else fails, you can apply to the court on an urgent application on the grounds that any delay may lose the sale.

Charles

The reality is that you may not be able to get to court without waiting weeks some courts months.

The new D11 gives the option of dealing with an issue by phone, its not actually any use to you other than you can tell the judge the problem, this really has to be dealt with on notice meaning your ex has to be in court as well as you.

A long while ago i did suggest a member take a huge cake to court and give it to the court lister which he actually did i have no idea if it helped but i`m sure the lister remembered him.

Hi Charles, how do I make the 'Urgent Application'? I've called the court twice and been told they have no idea and also been given contradictory advice of filing a D11 or a Form A.

I was pretty settled on a D11 but still no clearer as to how I get the Urgent Application. Is this via telephone? Thanks again.

You can apply to vary the terms of the current order.

It is possible to make an emergency application which would involve serving the application on your ex and seeking that the matter be listed before an emergency judge. The process is not designed to jump the queue though, there genuinely has to be an emergency. In your case you would suffer prejudice by not accepting a reasonable offer on the property and any further delay will mean that the offer will be lost.

In my neck of the woods some judges have a different test for what is and what is not an emergency so it is worthwhile seeking legal advice to ensure you don't get yourself into hot water.

Charles

Thanks Charles and Dukey