0

Facts:

One thread of legal proceedings.

The second thread of legal proceedings is regarding non-molestation.

I didn’t want to dispute accusations, so much bullshit, so much drama.

I thought I saved myself effort and hassle by not disputing them but agreeing on “undertakings”.

In my version of reality, I did a settlement, agreed not to do things, without diving into details.

Unfortunately, the “undertakings” gave the other party the right to claim Legal Aid.

Question:

Can I appeal and revert non-molestation undertakings, so that the Legal Aid in other court proceedings is removed?

Solicitors compensated from Legal Aid want to keep things going.

As opposed to resolving underlying matters.

Here is a BBC article about Legal Aid: https://www.bbc.co.uk/news/education-44628179

The charity suspects that solicitors' firms are talking parents into seeking such orders because it enables them to qualify for legal aid, from which both the legal profession and the complainant could benefit.


It’s difficult to prove it.

(if you don’t know what's going on, simply follow the money)

But maybe we can undo?

  • 1
    Normally, a settlement would be binding and not subject to being overturned by either party outside extraordinary circumstances. It isn't clear to me that these circumstances would qualify, but as someone who does not practice in the U.K., I will refrain from providing an Answer. It is also a little bit hard to figure out quite what is going on, while general rather than person questions are called for here, a phrase like "one thread of legal proceedings" is very vague and makes it hard to understand what is really being asked. – ohwilleke Aug 1 '18 at 17:14
  • "one thread of legal proceedings" - child arrangments order - family law is private - intentionally vague - cannot use my name. Undertakings in non-molestation give Legal Aid - that in term creates perverse incentives of keeping parties hostile (more billable hours) so I want to remove it... – Michael Freeman Aug 1 '18 at 18:39
  • This does clear up things a bit. – ohwilleke Aug 1 '18 at 22:11
1

It is a tenet of English law that you cannot appeal from an order to which you consented. This stems from the principle of finality [Wikipedia is not very helpful here, but is evidence that the principle exists]; that once a case has been finished, the parties (and the court) can get on with their lives without endless re-litigation.

I hesitate to say that you definitely cannot withdraw your undertakings; the situation may possibly have changed in all sorts of ways. But if the only reason you want to re-litigate is that you did not realize the consequences of what you were doing, than you cannot change your decision any more than someone who pleaded guilty to a charge can change his plea because he does not like it in prison.

  • Makes sense. I would argue "change his plea because he does not like it in prison" - change his plea because he does like losing veteran discount at Walmart. I've already signed a piece of paper saying "I will not do this" - steemit.com/law/@osdivorce/… - I have reasonable grounds to believe that the whole non-molestation was purely because of Legal Aid. I really wish I could say what I really think... (but then I would be accused of thoughtcrime) – Michael Freeman Aug 5 '18 at 9:41

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.