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  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thank you Umkomaas, scanning as I type. Will need to go back and find the post on how to upload  ;)
    For the record I am posting and intend to contest on my partner's behalf (as the defendant is the RK, at no point has admission of driver liability been accepted, admitted or implied), I have her 'blessing'(authority) to Right of Audience and will request permission to act as 'Litigation Friend' from the Judge at court. I also intend to complete court papers via MCOL accordingly. I believe from many hours of reading previous posts that this is generally acceptable?, but am obviously open to any further advice to the contrary.
    Images to follow.....at some point today hopefully!! :'(:D
  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thank you D_P_Dance, it appears to be a simple case of abuse of process and bullying, which is just not acceptable. ;)
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    For the record I am posting and intend to contest on my partner's behalf 
    Oh please no, another potential disaster in the making - we've seen a number of these previously from people 'lending a hand'. You cannot defend/contest 'on behalf of'. Everything must be done in the name of the defendant (the person named on the claim form) and that person must be present at the court hearing. You can obviously do all the drafting, but it cannot be in your name 'on behalf of'. 

    A 'Litigation Friend' has a specific role:

    You can be appointed as litigation friend to make decisions about a court case for either:

    • an adult who lacks the mental capacity to manage their own court case either with or without a solicitor
    • a child

    Being a Lay Representative (check it out on Google) however is a quite different role. It does not need formal permission of the Judge, but should there be any reluctance, have the Lay Representatives (Rights of Audience) Order 1999 to hand. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    Unfortunate choice of wording on my part, for which I apologise, thanks for providing the LF clarification Umkomaas, Lay Representative it will be then, as long as nobody else has any further objections?
  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    I was aware of the necessity to complete everything in the defendants name and their court attendance requirement (with or without a Lay Representative)...however I must admit that I wasn't aware of the specifics of Litigation Friend' so thanks again Umkomaas.
    This is why the thread was posted and moreso why any help / advice is welcomed with open arms.
  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    hxxps://www.dropbox.com/s/iz3kgbji4fu3o40/CEL_20210327_0001.pdf?dl=0

  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    hxxps://www.dropbox.com/s/fjl5nzle92b5bmm/CEL_20210327_0002.pdf?dl=0

  • BTBATOG
    BTBATOG Posts: 77 Forumite
    Second Anniversary 10 Posts Name Dropper
    Le_Kirk said:
    Your link made live -

    Thank you Le_Kirk :):smile:
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Neither of the above is the NtK. We need to see the actual Notice to Keeper - the very first letter that started the whole process. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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