Help, got until 24th November to submit Defence for VCS

Leviathan747

Received letter in post today saying "Practice Direction 27.3 of the Civil Procedure Rules allows for a party to be represented by a lay representative at a small claims hearing - but only where the party is present at the hearing"

Le_Kirk

Leviathan747 said:

Received letter in post today saying "Practice Direction 27.3 of the Civil Procedure Rules allows for a party to be represented by a lay representative at a small claims hearing - but only where the party is present at the hearing"

Quite right.  Assuming that the defendant and lay rep will BOTH be present then - even if it is at the end of a telephone/video link!  Who sent the letter?

Redx

Yep , so that means the defendant must be present , a lay rep is optional but allowed , as are witnesses

On the other hand , the lay rep is not allowed if the defendant (victim) is not present , but surely you knew that ?

Leviathan747

Redx said:

On the other hand , the lay rep is not allowed if the defendant (victim) is not present , but surely you knew that ?

TBH I thought it was a given, but they made such a song & dance over it & taken so long....that I was concerned I wouldn't be able to speak on partner's behalf.  He would have been useless at it lol.  I've done all the work!!

Le_Kirk said:

Quite right.  Assuming that the defendant and lay rep will BOTH be present then - even if it is at the end of a telephone/video link!  Who sent the letter?

HM Courts & Tribunals Service

Le_Kirk

Leviathan747 said:

Redx said:

On the other hand , the lay rep is not allowed if the defendant (victim) is not present , but surely you knew that ?

TBH I thought it was a given, but they made such a song & dance over it & taken so long....that I was concerned I wouldn't be able to speak on partner's behalf.  He would have been useless at it lol.  I've done all the work!!

Le_Kirk said:

Quite right.  Assuming that the defendant and lay rep will BOTH be present then - even if it is at the end of a telephone/video link!  Who sent the letter?

HM Courts & Tribunals Service

You can use that letter then if the judge tries to prevent you.

Leviathan747

Hokay.  Just printed out 43 sheets for the phone hearing this Thursday. Forgotten how much work we'd all put into this last year!  Now it's just rehearsals...

Fruitcake

Make a crib sheet so you can quickly find and refer to relevant parts of your defence and WS as necessary.
As part of your rehearsals, go through the CPR and all communications from the court to make sure you haven't missed anything. Also check that the scammers have complied with all requirements as well, and email the court asap if they have failed any part.

Good luck.

Leviathan747

As my partner's lay rep, I use 'the driver' to the Judge. We've just had a practice run (I'm playing the Judge!)....and partner keeps trying to say 'I did this, I did that', rather than 'the driver did this, the driver did that'.  What if the judge asks if he was the driver?

KeithP

Leviathan747 said:

What if the judge asks if he was the driver?

Both you and the Defendant must not lie to the court. 
Perjury is a criminal offence.

Coupon-mad

Why are they hiding behind the POFA, are there no other solid points that are stronger, such as unlit signs?