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Parking Eye or BW Legal? Defence Confusion
Comments
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Morning all
I have received the Directions Questionnaire from the CCBC which I intend to complete and email across this weekend. I have also received a copy of the completed questionnaire from the Claimants legal representative(BW Legal).
Before completing the Questionnaire I was looking for some clarification. I would like to speak on my wife's(Defendant) behalf as a Lay Representative, my question is do I need to make the court aware of this and do my details have to appear on the DQ?
Thanks in advance for any responses.0 -
No this can be done at the time of the hearing. You just tell the judge (or whoever phones you, if it is a telephone hearing, or the court clerk if it is a F2F) and, whilst they may argue that you cannot, you can. Just make sure you read up on the Lay Rep act. Of course, the defendant must be there as well.
ETA. If it is a telephone hearing (advice on that in the first five announcements on front page of forum) you will have a chance, when submitting witness statement and giving phone numbers, to mention it then.3 -
Yes, I never tell people to ask for permission for me to lay rep their case.
For hearings in person we just turn up with a copy of the Lay Representatives (Rights of Audience) Order 1999 and for hearings by phone, they just give the court my phone number as well as theirs, a few days beforehand. Sometimes the Judge is irked that the D isn't going to speak but I get the D to say how distressed they are and that they don't understand the points of law (POFA) that I will be covering . I tend to tell the Judge, if they are concerned about me 'who is this lady?!' that I am here to assist the court and the D, pursuant to the Lay Reps Order and the Civil Procedure Rules at 3.2.: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 provide...
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