HM Courts and Tribunals Service (otherwise known as HMCTS) recently confirmed that it had discovered a problem in the automatic calculation of figures in a form provided on its website for completion by people acting without the assistance of a solicitor, in relation to Court proceedings regarding the severance of financial ties with a spouse or civil partner.
The form, known as a ‘Financial Statement’ or ‘Form E’, appears to have miscalculated the assets of parties and in particular failed to account for debts. This means that as a direct consequence a party may have benefited due to the Court’s error, leaving the other party in a worse position than they should otherwise have been in.
It transpires that the error in the form provided online by HMCTS has been present since April 2014 and there were similar issues between April 2011 and January 2012. Justice Minster Shailesh Varma MP confirmed to Parliament that 3,600 settlements have been miscalculated due to problems with the online form.
Rod Stephenson, principal, Headleys Solicitors commented: “It is to say the least unfortunate that a website provided by the Courts who by their very nature exist to assist in the provision of justice, has seemingly been the source of potential injustice to numerous people. This latest news only reaffirms the absolute need for people to take specialist advice from a Solicitor rather than deal with matters in person. An appropriately qualified and experienced Solicitor will be able to ensure that all assets, liabilities and financial interests of both parties are properly taken into account when a Court decides how the assets of a marriage or civil partnership should be divided at the end of that relationship.”
If you completed the Court’s online form as part of your own Court proceedings and you believe there may have been an error as a consequence of the Court’s fault or you have an ongoing issue upon which you require advice and assistance, please feel free to contact us so that we can assist in protecting your interests.
