Heath Parade NW9 - County Claim from Gladstones (PCM) thrown all correpsondence!

Timothea

The Defendant (your partner) must sign the forms, and the words should be as if spoken by the Defendant. The Defendant must attend the hearing (if there is one) and you can represent (speak for) the Defendant as a Lay Representative. However, you should take along copies of The Lay Representatives (Rights of Audience) Order 1999, just in case the judge or the Claimant objects.

hoohoo

Here it is

http://www.legislation.gov.uk/uksi/1999/1225/pdfs/uksi_19991225_en.pdf

Coupon-mad

tati wrote: »

As the case was transferred to Clerkenwell and Shoredith (not my home court) can I request it at home court nevertheless?

No. Bargepole tells me he recently asked why London cases are being transferred in droves to that court and he got this reply:


Thank you for your request for information with respect to the listing of cases in Clerkenwell and Shoreditch.

HM Courts & Tribunals Service and the Judiciary are currently engaged in a nationwide reform programme to ensure greater efficiency in the use of the estate and Judiciary. As part of the reform process, both the County Court at Bow and the County Court at Lambeth are closing, on 31 March 2017 and 30 September 2017 respectively.

In order for the good management of the work, both Judges and cases are being moved to Clerkenwell and Shoreditch from Lambeth and Bow. Approximately 1500 number of cases have been moved over the past 4 months. Additionally, Clerkenwell and Shoreditch is taking cases from Edmonton, Willesden, Uxbridge, Kingston, Barnet, Woolwich, Bromley and Croydon in order to ensure that those cases can be heard more promptly. Approximately 3300 number of cases have been moved in the past 4 months.

We are able to list the District Judges (DJs) and Deputy District Judges (DDJs) at Clerkenwell and Shoreditch for more than a full sitting day as we know that 60-80% of cases will settle without the need for a hearing and as there are a number of DDJs and DJs sitting together they are able to support each other in the work they carry out.

All of this means that we are able to organise the Courts and Judiciary in order to ensure that litigants have their cases heard as speedily as possible.

HM Courts & Tribunals Service

If I want to represent my partner at a hearing do I have to sign the forms for him or declare myself as a representative?

Neither. He has to attend anyway with you, and he MUST be the named defendant and signatory of the defence and later, the Witness Statement.

You do not have to say in advance that he will be bringing a Lay Rep (you) with him, but you will need to go to any hearing armed with the 'Lay Reps Right of Audience' proof - as shown above by Timothea and hoohoo - and successfully utilised in recent winning threads by Gin and Milk and JodeeMcD:

http://forums.moneysavingexpert.com/showthread.php?t=5533125&page=4

http://forums.moneysavingexpert.com/showthread.php?p=71856136#post71856136

They did it, so can you! But the OH must attend too.

tati

Thank you all for your invaluable advice.

Hence, I will be amending the D1 box statement to “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the Clerkenwell and Shoreditch CC 29-41 Gee St, EC1V 3RE, pursuant to CPR 26.2A." - Is that fine?

I will be also attending the hearing (if it gets there) and will take 'Lay Reps Right of Audience' proof with me.

Umkomaas

I will be also attending the hearing (if it gets there) and will take 'Lay Reps Right of Audience' proof with me.

By the same token, depending who Gladstones field, you might want to query the rights of audience of their representative. Well worth you boning up on this in advance, as if there is no right of audience the DJ might just decide to end the case (in your favour) there and then. Make sure you have your OH's costs schedule printed out.

Here is a Prankster blog about the 'right of audience' issues.

http://parking-prankster.blogspot.co.za/2017/02/mil-lose-ms-kauser-denied-rights-of.html

tati

Thanks Umkomaas! - a very useful information!

tati

Please could someone please advise me about the additional text I need to put in the box D1 - I m unsure what the CPR 26.2A means - I looked it up and it is about transfer of cases within the county court but I will not be requesting transfer as it will need to be at the Clerkenwell and Shoreditch CC.

What I need to specify is that I do not agree for claimant's special directions for the case to be dealt on papers alone.

Therefore, can I just state:

“The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the Clerkenwell and Shoreditch CC 29-41 Gee St, EC1V 3RE"

or

Shall I stick with this:

“The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the Clerkenwell and Shoreditch CC 29-41 Gee St, EC1V 3RE, pursuant to CPR 26.2A."

Please anyone help so I can send it off today - many many thanks!!

Coupon-mad

Either is fine!

catfunt

Have a read of post 94 on this thread http://forums.moneysavingexpert.com/showthread.php?t=5533125

Hope this helps

System

As the case was transferred to Clarkenwell and Shoredith (not my home court) can I request it at home court nevertheless?

Some courts are closing and work is being transferred to others. In the consultation it was said

"the Minister responsible, Shailesh Vara, refers to the fact that after the proposed changes ‘95% of citizens will be able to reach their required court within an hour by car’."

So how disadvantaged would you be in going to Clerkenwell and not your home court - assuming your home court is not due to be closed.