Counsel misrepresented position and instructions

Hi. I've filed an appeal in respect to an Ancilllary Relief case. I've obtained a tran­script­ of the original hearing. When we went to court for the original hearing there were several occassions when Counsel (for my ex and me) went to discuss the case with the Judge but without clients. I have tran­script­s of that periods as well.

During the Judge and Counsel only sessions my Counsel made various comments that directly contradicted/conflicted with her instructions. For example, she told the Judge that something was ok even though she had specific instructions to the contrary. She also said that I would agree to things where she had specific instructions that I wouldn't.

Basically from the tran­script­ it is clear that the Judge and 2x Counsel basically sorted out the order because the judge had even heard evidence (and when the judge had admitted not having read the bundle) and where my counsel did not represent her instructions. [It was very late on Friday when everyone wanted to go home]

So what happens in this situation?

A tricky one.

I would send the tran­script­ and your grievances to your solicitor and ask them to forward it to the Counsel's chambers. See what response you get.

Stuff you should know.

Judges rarely have time to read the full bundle, they just don`t have the time.

Its common for barristers to get together and try and hammer out a deal, but your counsel should have come back and said whats on the table.

Has the judge decided? (handed down judgment)

If not did you sign any documents in court (minute or heads of agreement)

If it has gone pear shaped you need to act quickly writing to the judge solicitor and barrister setting out what went wrong and why, ie you instructed counsel not to accept a b and c and they did.

Thanks for the replies (greatly appreciated). The hearing was actually a final hearing in my ancillary relief case. The judge made an order and I immediately filed an appeal after the hearing. However, I have only seen what Counsel said in chambers (without clients present) now I've obtained a tran­script­ of everything that occured that day. Today I've had a second directions hearing in the appeal and have a grumpy judge who does like LIP appealing cases (I am now a LIP). I'm going to make a separate post about the appeal because there are a couple of specific things that I could do with help on. Also how to overcome an appeal judge who is clearly biased from the outset (he made a completely inappropriate comment today and basically also said that Judges can decide whatever they want under the MCA and thus its impossible to appeal anything because the MCA allows them to do what they like [almost his words]). However, in my case the tran­script­ shows the judge had decided on an order before she even heard submissions or evidence, I don't believe her order is within the scope of the MCA, she refused to even consider some major issues (saying she wasn't going to take any evidence on them) and my ex's solicitors had (in writting) refused to include critical documents in the bundle and the judge....