Case transcript?

[luby]

Hi not sure what section to post this one in but we urgently need advice.

My son is appealing a final hearing in a custody case He has paid all his own solicitors fees up until now. As well as maintenance payments so he just has no money left for further legal assistance hence he is having to do this appeal on his own

 

He has been granted leave to appeal However the order stated he needed to supply to the court a full transcript of the hearing there is no way he can afford this. What can he do? Can the transcript be given on a disk ? Does it have to be typed. Is there a family law section on this site where we can go for advice or are there any solicitors out there who can advice him. I hope there is someone who can help

Thanks for reading

Luby

[legalistic]

Luby, I've never had dealings with the family courts but have general experience of the justice system.A transcript must be prepared by a court-approved transcriber. It is hard-copy transcribed from the CD of a hearing.If you can't afford a transcript (they can be expensive) the judge can, at his/her discretion, let you have it at the court's expense. You would need to contact the court and ask.Are you sure it is the transcript of the hearing that is required rather than just the judgment. The judgment would be much shorter (and therefore cheaper).

[citizenB]

Would you not qualify for assistance if on low income ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160A-Court-Fees-are-you-exempt.-**Correct-as-at-Feb-2015**

 

Alternatively why would it be necessary and is it imperative to proceeding your case?

 

Does this help, luby ?

[luby]

Hi legalistic

Yes it definitely helps and yes it has to be the whole hearing which lasted 8 hours. The court requested 3 things in his order

1) completed appeal form

2 ) case transcript by a court approve transcriber

3) appeal bungle

We had completed a appeal form and a skeleton argument already so what we really are stuck on is the transcript there is no way we can afford this after paying court costs for custordy. That took all our savings plus other members of the families savings

We are also stuck on case law for the appeal in that we don't know where to find it and what to look for

But it's worth a try asking the courts if we can just have a hard copy

You have been a great help

Luby

[citizenB]

Please do let us know how you get on

[luby]

It's the transcript of the final hearing they are requesting. If they will not let us have it free what are our options then? There must be something for people who cannot afford legal services now that legal aid has gone

[Ganymede]

There must be something for people who cannot afford legal services now that legal aid has gone

 

Unfortunately not.

[legalistic]

luby, I am doubtful that it is the transcript of the actual hearing that is required. An appeal is always against the JUDGMENT of the lower court. Only in rare cases is a transcript of the entire hearing required, although sometimes a transcript of evidence might be needed. Eight hours worth of transcript would cost at least £3k I would think, whereas a judgment is only a few hundred pounds.Take a look at the Ex 107 Tape Transcription Request Form and the options given there:http://www.johnlarking.co.uk/ex107.pdfThere is no automatic free transcript. It is completely different from the remission of court fees. A free transcript can only be ordered by a judge at his or her discretion. It of course helps though if you give the judge some evidence of impecunity, low income etc. You don't use the Ex107 form in requesting a transcript at the court's expense. You just write a begging letter!