County Court Claim by SCS and UKPC

FutureTrunks

Yes I've sent them theirs too, I added my own email address to the email too to prove it was sent successfully. Now I guess it's on to my skeleton defence?

Coupon-mad

Skeleton argument, yes. If you want to do one to summarise the legal aspects of the defence argument (not compulsory).

FutureTrunks

I've been insanely busy so couldn't really create a skeleton argument, my court case is in two days. I'm planning to take the following with me to the court:


1) Copies of my Witness Statement & Defence (alongside all the other county court decision cases I've submitted, i.e. PACE v Noor).


2) Copies of the Law Gazette article and Case Law for Rights of Audience.


3) Copy of the email sent to them with my Witness Statement attached.


Is there anything else I should take with me? I'm assuming that we'll be going through their points in their Witness Statement which I should have a chance to rebut right?

KeithP

What about your costs schedule and proof of lost earnings for attending court?

FutureTrunks

Oh crap yes! I completely forgot about my proof of lost earnings, thanks for that

Umkomaas

2) Copies of the Law Gazette article and Case Law for Rights of Audience.

Raise that only if you are sure the claimant’s rep does not have RoA, it’s not a free cockshy in opening your case, it might pee off the Judge if you’re way off the mark. Are you fully clued up on what the criteria are?

FutureTrunks

Umkomaas wrote: »

Raise that only if you are sure the claimant’s rep does not have RoA, it’s not a free cockshy in opening your case, it might pee off the Judge if you’re way off the mark. Are you fully clued up on what the criteria are?

I think so, it's when someone who isn't a qualified solicitor (or barrister) tries to conduct the proceedings, is that right? I've seen in past threads that sometimes an "agent" of Claimant fails to have Rights of Audience

The_Deep

Are you fully clued up on what the criteria are?

But why should one need to be? Surely a polite question, "are you satisfied sir/madam that X has the right to represent Y in this court" is all that is required.

Why should that that offend a judge? Why do people !!!!!foot around the sensibilities of judges? (daft nannysensor strikes again).

FutureTrunks

The_Deep wrote: »

Are you fully clued up on what the criteria are?

But why should one need to be? Surely a polite question, "are you satisfied sir/madam that X has the right to represent Y in this court" is all that is required.

Why should that that offend a judge? Why do people !!!!!foot around the sensibilities of judges? (daft nannysensor strikes again).

That's true, but I've seen some threads on here and Legal Beagles where the judge has kind of pushed back on Rights of Audience until the Defendant presented evidence to back it up

Coupon-mad

That's exactly right - Judges will try to brush it away thinking you are being a bit dim, but of you have the case law & Law Gazette with you, then push it a little and say you believe they DO NOT have RoA and you consider this a vital preliminary matter if the Judge will give five minutes to it please.

Whether they have seen the rep in their court before or not is not relevant, all that mean is no Defendant has brought the case law with them before.

Obviously do not pee the Judge off...be very aware and very polite.

Take a wage slip as proof of your loss of leave/salary as well.