Gladstones Letter before Claim

Loadsofchildren123

Completely reasonable. Block out six weeks and say why, I'd block out 2 weeks before her EDD and 4 weeks after (assuming your first came round about on time and there's no history of early deliveries).


If the date is set for a convenient date, but the baby comes early or late, or if there are any health-related reasons why she can't come to court on the allocated day, as soon as possible after whatever it is happens you can apply for an adjournment on the basis that she isn't fit to attend court and explain why.


The lay rep thing is actually in the small claims Practice Direction, it's annoying that the judges and clerks don't even know the rules (but C-M is right, take the lay rep order with you for safety's sake).

Loadsofchildren123

Practice Direction 27 says:

Representation at a hearing

3.1 In this paragraph:
(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor, and
(2) a lay representative means any other person.
3.2
(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.
(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–
(a) where his client does not attend the hearing;
(b) at any stage after judgment; or
(c) on any appeal brought against any decision made by the district judge in the proceedings.
(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.
(4) Any of its officers or employees may represent a corporate party.


https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27


I've added the red to show my general annoyance at judges who don't know the rules.

maily

Thank you both!!! So lucky to have such helpful and wonderful people like you both on these Forums takes so much stress out of such matters!!! I've never dealt with a court ever before only went during my 2 weeks work experience in School so have no idea what is or isn't considered reasonable on my part always try and conduct myself in a sensible and fair way

maily

Hey Guys,

Small update from me After sending of the N180 directions paperwork and requesting an Oral hearing at my local court we did get a court date but that got pulled. We then received paperwork on the 12/05/17 stating that we need to respond by the 24/05/17 (4pm).

This letter is from my local county court and states:

---

Upon consideration of the matter

It is ordered that:

1. The defendant must confirm by 4pm on 24 may 2017 whether she consents to the matter being dealt with as a paper hearing i.e. in the absence of the parties.

2. If the defendant does not resend or consent then the matter will be directed to a hearing where the parties must attend.

Dated 10 May 2017 (Although at the top it states 12 May 2017....)

---

As i already requested a Oral hearing at my local court surprised i received this.

I have responded:

"In regards to this claim and the correspondence received dated for the 12/05/17.

I do not consent to this matter being dealt with a papers only hearing and would like to have an oral hearing where i believe i can represent myself fairly."

dioscoredes

Looking for an opinion on this. Can a defendant in a parking ticket penalty case, having received an LBCC, actually force the case to be heard in Court themselves. Thanks.

Umkomaas

dioscoredes wrote: »

Looking for an opinion on this. Can a defendant in a parking ticket penalty case, having received an LBCC, actually force the case to be heard in Court themselves. Thanks.

You will be better starting off a new thread of your own where you will receive some opinions. Posting on this random thread is likely to set it off on a tangent.

Please start a new thread.

maily

HI Guys,

Just to give you an update and get some more advice.

My wife has given Birth to a beautiful baby girl on the 20th of September!!! :-)

We also received a letter from my local county court informing me that the claimant (Euro Parking) has to pay their court fees by the 19th of September else it would be struck out.

I have rang the county court today who couldn't tell me if the fees had been paid or not but to assume that the hearing will still go ahead on the 17th of October.


I haven't been asked to fill in any more paperwork or a witness statement so what happens next??

I was informed by the lady i spoke to in the court that we are not allowed to bring our new born baby with us either?

I have also been advised by the lady that as i don't have prior permission from a judge i would not be allowed into to the hearing myself and even if i am on the day most likely i would not be allowed to speak on behalf of my wife????

Just looking for some advice on what i can do about this really.

Thanks you!!

safarmuk

I have also been advised by the lady that as i don't have prior permission from a judge i would not be allowed into to the hearing myself and even if i am on the day most likely i would not be allowed to speak on behalf of my wife????

Garbage, just take a copy of the layperson documentation with you and you can attend as your wife's layperson no problem, BUT, if you are her layperson she must attend also which I suspect is where the baby question comes from ... that I don't know the answer to ... but it seems plausible so be prepared that you may need to find someone to look after your baby that day as both your wife (defendant) and you (layperson) must attend.

And by the way, congratulations!

Loadsofchildren123

I have also been advised by the lady that as i don't have prior permission from a judge i would not be allowed into to the hearing myself and even if i am on the day most likely i would not be allowed to speak on behalf of my wife????
Ignore this - she's wrong. Most of the admin staff at court don't know the rules. Look at my previous post at lay reps. In small claims you have an automatic right to use a lay rep but in other claims you don't. Your wife must be present with you though.


in relation to the baby, I'd just take her along if that's what you need to do. There is no rule that says you can't. Stopping her bringing the baby into court - if she's breastfeeding a baby under 26 weeks then I think it would be discrimination under the Equality Act. If they won't allow the baby in then you have to ask for the hearing to be moved to a date when she could leave the baby with a relative/isn't breastfeeding any more.
TBH it just sounds like you spoke to a complete numpty and I'd ignore what they said.


I haven't been asked to fill in any more paperwork or a witness statement so what happens next??
Didn't the order that set the hearing date for 17 October tell you a date when you had to serve your witness statement and documents? If not, what exactly did the order say?

Loadsofchildren123

Or could a relative come to court with you and keep the baby in the waiting room while you're in court?