Help Requested With WS - Court Hearing vs Gladstones & PPM Ltd

muleskinner

Thanks LoC - I included them all with it in the end, it went off this morning.

It's a bit of a relief to have everything out of the way to be honest. Now we just have to do the hearing!

muleskinner

Hi all,

So - last bit of prep for tomorrow. Just want to make sure I haven't forgotten anything.

I'm taking...

- Copy of my WS / evidence and defence
- Claimant's WS / evidence
- Originals of all correspondence
- Copy of Lay Rep order

About to prepare a short bullet point crib sheet for when I say my piece.

My evidence bundle includes all transcripts I need to rely on (or excerpts in the case of Beavis).

Is there anything else I need. I only just found out that I can only act as lay rep at judge's discretion and that this isn't guaranteed? This has me a bit worried!

cheers

Umkomaas

What about the Defendant's costs schedule?

muleskinner

Aye, yes - that's in there as well.

I guess I should also include payslips/invoices for proof of income?

I haven't done this but am I allowed to ask for costs to cover my time as lay rep or will it only cover Defendant's time?

Umkomaas

muleskinner wrote: »

Aye, yes - that's in there as well.

I guess I should also include payslips/invoices for proof of income?

I haven't done this but am I allowed to ask for costs to cover my time as lay rep or will it only cover Defendant's time?

I'm not the expert, but I think it's for the D only, but others might advise.

I also understand that the schedule should be with the court and claimant at least 24 hours prior to the case. If you've not already done that, then getting an email off sharpish (with a pdf of the schedule attached) might help.

I don't think it's fatal to receiving costs if you fail the 24 hour deadline, but it does give the claimant argue-room.

muleskinner

OK, thanks - I have sent the costs app to the Court earlier in the week and to the Glastards on Thursday so well within the 24hr deadline. Got my proof of posting with me too!

Coupon-mad

Ask anyway and take wage slips for both of you, if applicable.

muleskinner

Thanks.

When I ask to be lay rep should I give any particular reason? Is it OK to say for example that the case includes a lot of complex case law that the Defendant is unable to fully understand and therefore I have been doing all the paperwork?

Loadsofchildren123

You're wrong about the lay rep point
The right to have a lay rep is AUTOMATIC in small claims.
I'll look up the rule now

Loadsofchildren123

Practice Direction 27, which supplements Rule 27 which applies exclusively to small claims track cases:


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:!!!8211;
(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.


In other cases yes, it's subject to the court's discretion, but this gives you an absolute right.