Upcoming court case - UK CPM

Coupon-mad

Yes - both a good for those points - but you've so far missed out the unreasonableness argument and the fact that the appeal (referred to in exhibit xx by the Claimants) included a photo that the Claimants have disingenuously REMOVED from the exhibit, which evidenced at the outset that their parking sign is clearly discarded on the ground.

This conduct has - negligently or deliberately, makes no odds - hidden facts from the Judge and is wholly unreasonable.  Parties' behaviour (whether or not acting ostensibly in line with a Code of Practice) both before and during litigation must be considered when it comes to costs.  CPR 44.4(3) states that when deciding the amount of costs, the court will also have regard to “(a) the conduct of all the parties, including in particular:

(i) conduct before, as well as during, the proceedings; and
(ii) the efforts made, if any, before and during the proceedings in order to try to resolve the dispute”

velour

Ah, OK. I've now added another paragraph to the further costs section at the end of the WS - does this make sense?

The claimant has clearly removed the photos which were included with the appeal from their witness statement. The appeal documentation, referred to by the Claimant as Exhibit GS8 does not include the originally submitted photos, one of which evidenced at the outset that their parking sign was clearly discarded on the ground. The same photo is submitted by the Defendant as Exhibit xx04. This conduct has, negligently or deliberately, hidden facts from the Judge and is wholly unreasonable, particularly when considered together with the arbitrary time out and refusal to consider the Defendants appeal. Parties’ behaviour (whether or not acting ostensibly in line with a Code of Practice) both before and during litigation must be considered when it comes to costs. CPR 44.4(3) states that when deciding the amount of costs, the court will also have regard to “(a) the conduct of all the parties, including in particular: (i) conduct before, as well as during the proceedings; and (ii) the efforts made, if any, before and during the proceedings in order to try and resolve the dispute”.

This is followed by the request for fixed witness costs.

Thanks

Coupon-mad

Looks fine!

velour

Thanks. I've now filed the WS with both the court and UKCPM so now just the 2 week wait for the hearing (and prep crib sheet).

Could I ask - can I take someone in to the hearing with me, just as moral support? Would that be a Mckenzie friend and is it OK if it's a spouse?

Thanks.

B789

In most cases, yes, you can bring a friend with you to small claims court. However, the role of your friend will be limited. In small claims court, the only people who are allowed to participate in the case are the parties directly involved and their witnesses. Your friend would not be able to testify on your behalf or present any evidence.

However, your friend can still be helpful to you in other ways. For example, they can provide emotional support, take notes during the hearing, and help you remember important details about your case. Just be sure to check with the court beforehand to see if there are any rules or restrictions regarding who can accompany you to the hearing.

A McKenzie friend is a person who accompanies a litigant to court to provide them with support and assistance during the legal process. Unlike a friend who simply provides emotional support, a McKenzie friend can provide legal advice and help with court procedures. However, a McKenzie friend is not a qualified lawyer and cannot represent the litigant in court or act as their legal counsel.

The role of a McKenzie friend is generally to help the litigant understand the legal process and their options, to take notes during the hearing, and to provide moral support. They may also help the litigant prepare their case, such as by helping them to draft documents and organize evidence. However, they cannot speak on the litigant's behalf in court or address the judge directly.

Coupon-mad

velour said:

Thanks. I've now filed the WS with both the court and UKCPM 

You mean their solicitors of course?

velour

Coupon-mad said:

velour said:

Thanks. I've now filed the WS with both the court and UKCPM 

You mean their solicitors of course?

Sorry, yes I do. Sent it to the solicitors with some chocolates and flowers

velour

B789 said:

In most cases, yes, you can bring a friend with you to small claims court. However, the role of your friend will be limited. In small claims court, the only people who are allowed to participate in the case are the parties directly involved and their witnesses. Your friend would not be able to testify on your behalf or present any evidence.

However, your friend can still be helpful to you in other ways. For example, they can provide emotional support, take notes during the hearing, and help you remember important details about your case. Just be sure to check with the court beforehand to see if there are any rules or restrictions regarding who can accompany you to the hearing.

A McKenzie friend is a person who accompanies a litigant to court to provide them with support and assistance during the legal process. Unlike a friend who simply provides emotional support, a McKenzie friend can provide legal advice and help with court procedures. However, a McKenzie friend is not a qualified lawyer and cannot represent the litigant in court or act as their legal counsel.

The role of a McKenzie friend is generally to help the litigant understand the legal process and their options, to take notes during the hearing, and to provide moral support. They may also help the litigant prepare their case, such as by helping them to draft documents and organize evidence. However, they cannot speak on the litigant's behalf in court or address the judge directly.

Thank you, that's good news

Boat_to_Bolivia

velour said: 

Coupon-mad said:

velour said:

Thanks. I've now filed the WS with both the court and UKCPM 

You mean their solicitors of course?

Sorry, yes I do. Sent it to the solicitors with some chocolates and flowers

    

KeithP

@B789 has described the role of a McKenzie friend above.

An alternative to a McKenzie friend is a Lay Representative.

A Lay Rep can address the court, indeed they can do all the talking on behalf of the Defendant.
The Defendant may be directly asked questions by the court which of course they should answer.

Have a read of The Lay Representatives (Rights of Audience) Order 1999.
A simple read. Very concise.

In either case the named Defendant must attend any hearing.