Preparation of Defence.

KeithP

Re-read items 7 and 8 in the list in post #3 above.

mukach72

Hi forum,
So, I have received form N149A 'Notice of proposed allocation to a Small Claims Track and am filling out DQ as is necessary. I wanted to ask, as the Registered Keeper is my wife but most of the defence has been researched, written and administered by myself, will I be able to attend, along with my wife, on the day of the eventual hearing?

Le_Kirk

The defendant is your wife and she will be required to attend - and I assume/hope that you have submitted everything in her name - although you can also attend as Lay Rep or McKenzie friend. Look those up using Google (other search engines are available) to see the difference.

mukach72

I have read about the differences between a Lay Rep and McKenzie friend but am still unsure whether I'll be able to speak on my wife behalf at all or not? She has quite a timid character whereas I am slightly different, shall we say!

KeithP

mukach72 wrote: »

I have read about the differences between a Lay Rep and McKenzie friend ...

So what are the differences?

Put simply, one can speak on behalf of the Defendant, the other cannot.

mukach72

But do I have to declare/apply for my role in advance?

KeithP

mukach72 wrote: »

But do I have to declare/apply for my role in advance?

No, just make your intentions clear to the usher on your arrival on the day.

You might want to take a copy of The Lay Representatives (Rights of Audience) Order 1999 with you.

mukach72

HELP!!!!
So, with an impending deadline for submission of my DQ, my ultimate intention was that my wife attend the hearing along with myself as her McKenzie Friend, as the person who has done all the administration and composition (along with the kind folk on this forum !!!) of her defence. To be honest, she has found the whole process deeply worrying and has now had a complete failure of confidence and doesn't want to attend the hearing, in any shape or form AT ALL! My question is, as the person named in the claim, is it compulsory for her to attend or can I attend in her absence, on my own? It has caused a lot of friction in our marriage lately, to the point where we're considering just paying the claim and be done with it. We can't afford to pay the whole amount and would just hope that an arrangement could be organised with the solicitors! Any help would be greatly appreciated! M72 ...

Redx

she MUST attend , tells you that in post #44 above

you cannot do it on her behalf and you wont be allowed to either, there are strict rules about this

her name is on the claim, not yours


SHE can write to the court and to the claimant some 14 days before to say nobody is attending and she wants it heard "on papers"

Coupon-mad

My question is, as the person named in the claim, is it compulsory for her to attend or can I attend in her absence, on my own?

It's compulsory she must attend (unless she wants to lose), and NO you have no rights of audience on your own.

This has NOTHING to do with now, or filing the DQ!

Clearly the DQ just gets filed as normal, stating the dates that would be an absolute nono for her (holidays and birthdays and pre-booked events).

Nothing changes at this stage, and you WANT the other side to think she will attend. Fill it in as if she will.