Wrong couple get divorced after solicitor ‘clicks wrong button’

https://www.theguardian.com/lifeandstyle/2024/apr/15/wrong-couple-divorced-solicitor-clicks-wrong-button

by KaleidoscopicColours

7 comments

  1. It’s a poorly designed system if you can get mistakenly make an error of this significance by selecting the wrong case. I’ve worked in tech in financial services and healthcare and in both where possible systems were intentionally designed to do everything humanely possible to stop this kind of thing happening, there were processes where a 4 eyes check was required, there were processes where the customer/patient had to provide consent, there were processes where you had to re-key something a 2nd time e.g. please re-confirm this persons date of birth.

    And the response from the state here is shocking.

  2. Any system that allows users to make critical choices without checks and balance is bad Design, and the fault of the system, not the user.
    A double check here where both parties are sent a link which they have to confirm before the process actually starts would mitigate this.

  4. Solicitors make mistakes all the time. If you’re using one, make sure you keep a close watch on what they’re doing, and make sure they know you’re watching them. For the money they charge, they’re not entitled to make mistakes.

  5. HMCTS portal system is awful. It doesn’t make sense (sharing documents Vs all FDR documents being available without sharing? Sharing the es1 ten times but still R’s sols can’t see it? What is up with that?)

    I sympathise a lot with the solicitor in question. For vardags and their hourly rate I’d expect better and that poor solicitor (or trainee?) is probably bricking themselves.

    My boss always goes on about the ‘good old days’ and usually I would roll my eyes, but my god, can we have some life in the centralised system please? When you used to be able to email the court directly you could talk to a human and sort things/ask about things when you submitted the wrong thing by accident Now it’s computer says no and that’s it.

    Properly fund the justice system!

  6. IANAL….

    If a divorce decree is a form of legal agreement, how can the decree be valid if that was not the two parties intention?

    An intention to be legally bound is a pretty fundamental legal doctrine. I’d have thought for intent to not be required that would have to be specifically mentioned in the relevant divorce law, or any reasonable person would assume it applied.

  7. > Vardag’s applied three days later to rescind the order but judge Sir Andrew McFarlane dismissed the application.

    I assume there’s some legal reason that this wasn’t possible?

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