address wrong for respondent on appeal

lifeandtimes

Hi everyone

I am currently appealing a court order regarding access issued in the district court circuit

I recieved my appeal date for the circuit court however I noticed me exs address is wrong

The district court definitely have my ex address on file from our previous appearances so it must have been the circuit court that made the clerical error

I wonder what's supposed to happen here?

I know my ex has not received it and I'm not going to tell them as all court stuff is to done through solicitors

What will happen if my ex doesn't show up on the day?

Will I be in trouble for not notifying everyone involved?

Will this affect the appeal?

Any advice is great thanks

Victor

When it's realised that the document hasn't been served, it's quite possible that nothing will happen on the day, the case will be adjourned and you will have to pay your lawyer(s) for another hearing.

Alternatively, it goes ahead in default, only for any decision to set set aside when the other side finds out.

Tell your lawyer(s) that the address is wrong and save everybody time and money.

lifeandtimes

Anyone else have any experience with this issue..If so can you let me know what happened?

Pat Mustard

When appealing from the District Court, Notice of Appeal is usually filed in court with a declaration evidencing service on the respondent.

Did you or your solicitor serve the Notice of Appeal on the respondent at the correct address? If not, why not?

lifeandtimes

Pat Mustard wrote: »

When appealing from the District Court, Notice of Appeal is usually filed in court with a declaration evidencing service on the respondent.

Did you or your solicitor serve the Notice of Appeal on the respondent at the correct address? If not, why not?

Hi pat mustard,

Yeah notice of the appeal was served by registered letter to the correct address and it was received

I belive this was a clerical error from the district court sending the information to the circut court

I have a feeling the case will be adjourned and I don't want to waste time but I also think it might look like she couldn't have bothered to show up

As this is the first appeal does anyone think the judge most likely give a second chance for a hearing or not waste anymore court time and go ahead with the hearing?

Pat Mustard

If the respondent has been served properly, why do you think that she will not show up in the ordinary course of events?

lifeandtimes

Pat Mustard wrote: »

If the respondent has been served properly, why do you think that she will not show up in the ordinary course of events?

Because the notice of appeal was issued to the correct address but the letter i received for the court date has both our address's on it and mines correct, there's isn't so I'm assuming there's was sent to the incorrect address

Pat Mustard

I assume that the respondent or her solicitor can check the date on the relevant court list.

lifeandtimes

Pat Mustard wrote: »

I assume that the respondent or her solicitor can check the date on the relevant court list.

I honestly wouldn't know myself but it's been 2 months since the notice was served so we've been waiting a while for this date in the circuit court