Stepfather legal issue - can anybody advise me please - part 2

greenman2

The original thread had over 200 comments and was a huge help - I just wanted to bring the thread up to date for all that posted/followed the thread..

Following legal advice, I emailed MSE, asking if the thread could be temporarily removed due to an ever increasing bitter legal dispute with my stepfather and the fact that the thread had a lot of personal information, and asked if it could be re-instated once a settlement had been found. The thread was immediately removed and MSE have since said that it won't be re-instated for legal reasons. I respect their decision, but due to the amount of comments/views of the original thread feel it's a pity, as I think it's a scenario that many people may be contemplating, or are already in, and much of the advice could have been helpful.

So far, there has been no settlement.
I will leave it there at the moment, and update when feasible, and at the very latest when a settlement is reached.

Thanks again for everyone's help, advice and wishes
greenman2

princeofpounds

Remember it/you well greenman. Appreciate the update and wish you lots of luck. I guess it is out of our hands now but if there is ever anything we can do...

Mojisola

Thanks for the update. I hope you and your mother are coping - remember to step back from it sometimes and treat yourself to something you enjoy doing to take your minds off this man and his behaviour.

Yorkie1

Glad to hear from you; had wondered how you were getting on.

I can't believe this is still being dragged out by your stepfather - probably you can't too!

Good luck for you and your mum.

[Deleted User]

Same here.., had wondered how things were going .., found another post u made and followed it here. I hope it all works out for you in the end.

greenman2

Sadly, just a short update..

Things are still ongoing - mediation was arranged then cancelled due to the mediator injuring himself.
I have new local solicitor specialised in trusts/land disputes, which is a real positive.

New mediation set for 4 weeks time..to be honest I feel like just walking away, but that would mean financial ruin..on the other hand I get the feeling the legal costs will take care of that anyway (already almost £10,000 legal costs my end and not even at mediation yet!!).

Hope you are all well, and thanks again for all the help.:)
greenman2

Yorkie1

How frustrating to have the mediation cancelled, you must have been &&*&*&*&*&!

Good luck for the revised mediation. You may not get anywhere constructive with it, but you have good legal advice now and if it's part of the process then it's part of the process. I just wish on your behalf that the solicitor had admitted their lack of experience much earlier on.

Slinky

Was thinking of you only a couple of days ago and wondering how you got on. Sorry to hear it is still ongoing and causing you stress.

I do hope you get to a point where you can move on constuctively with your life soon, even if that means that the stepfather 'thinks' they have won to some degree. I chose to let a relative 'win' with me, but I now sleep at night and know that I am the better person.

Life is short.

greenman2

Yorkie1 wrote: »

How frustrating to have the mediation cancelled, you must have been &&*&*&*&*&!

Good luck for the revised mediation. You may not get anywhere constructive with it, but you have good legal advice now and if it's part of the process then it's part of the process. I just wish on your behalf that the solicitor had admitted their lack of experience much earlier on.

Thanks for your post and wishes Yorkie1, and yes, really frustrating re.cancelled mediation. It was made worse by the fact that I had arranged legal representation for the mediation, and was then charged by that person for cancelling at short notice. I wanted to keep the mediation date and suggested one of the other two mediators originally put forward by them, which they then declined, resulting in cancellation :mad:

The whole process has been (and still is) very stressful, but also a real eye-opener in seeing how certain steps have to be taken, so not to be detrimental to the case...and also not to act in an emotional way if possible, as it is really unclear what rights he has at the moment.

New solicitor is experienced in mediation too, so won't need a second solicitor/barrister having to read through the two big bundles of documents in preparation for mediation, as was the case before.

princeofpounds

In layman's terms, what is a part 36 if you don't mind me asking? I've seen the jargon before but how is it different to a normal negotiation over settlement?

greenman2

Hi princeofpounds - as I understand it, the Part 36 offer is important because it legally dictates who will be liable for the whole legal costs incurred by both parties if a reasonable offer is rejected, and it ends up in court with a judge deciding the outcome.

To quote a paragraph from one of my solicitor's letters:

"Part 36 is a provision in the Civil Procedure Rules (which govern the conduct of litigation in England and Wales). It aims to encourage parties to try to settle their disputes by setting out the costs consequences of offers to settle if they are made in accordance with Part 36. Basically, if a party fails to accept a realistic offer made by the other side, it is at risk of being penalised in costs and interest at the end of the case. Making such an offer is therefore a legitimate means of putting the other side under pressure to settle, and should not generally be seen as a sign of weakness. It is, of course, important to try to pitch an offer at a realistic but not over-generous level "

END

So basically, as I've understood it - the Part 36 offer contains legally binding rules, tries to make both parties aware of the financial costs of not reaching a settlement before full litigation, and penalises the party who rejects a reasonable offer to settle.

greenman2