Court Case for unloading bulky furniture outside own (rented) residence

Fruitcake

C-m possibly means to split your WS across two emails, like you did across two posts. Send them both with all the necessary details and clearly labelled WS Part 1 and WS Part 2.

Worst case, you may have to print a copy and make an extra journey to hand deliver it.

We normally advise posters to take two printed copies with them to court. One for themselves and one in case the court has misplaced their copy. All in a nice binder with dividers and labels/tabs in different colours.

Coupon-mad

And yes (in answer to all your questions).

UnloadTheShelves

Good evening,

I could do with a bit of reassurance please.

Our hearing (my husband is the defendant, I will be his lay representative) is in a couple of days... We called the court and they confirmed that the Claimant has paid the fee and the hearing is going ahead (although with their WS, the Claimant has informed us and the court that they will not attend the hearing). However, we have never received a confirmation that the court has received our WS, nor have we been asked to provide a paper copy as the pdf was too long?? SHOULD I BE WORRIED?! I emailed it to the Bromley filing address as advised here as that's the court that handles the case although the hearing itself will be at the Royal Courts of Justice.  

Is this standard not to receive a conformation? I am also really struggling to get a proper mindset for the hearing and to get my mind organised. I have just got back from a six weeks in the middle of nature where I left all my worries behind and now struggling to reset into the stress of a hearing.... do I prepare a couple of strong points based on my WS, or do I let the judge lead and go with the flow? 

Thank you...!

Coupon-mad

Let the Judge lead it but take printed copies in a ring binder file of EVERYTHING (theirs and your evidence) and print out proof of having emailed the WS & evidence, when and to whom. Be ready for shenanigans / lost submissions.

Take 3 copies of your (Defendant's) WS in case you have to suddenly hand them out at the hearing.

And print out the Lay Reps RoA Order 1999.

Both of you must attend.

UnloadTheShelves

I feel drastically undeprepared 😣

Do the three copies of our WS need to be in ring binder too? 

Who is the third copy for please: judge, claimant and who else? Thank you

Coupon-mad

One for the Judge, one for their hired gun they'll send and one for you (in your ring binder).

Surely you should win due to the persuasive appeal case of Jopson v Homeguard.  Should be straightforward due to that case.

UnloadTheShelves

Final check before hearing please! 

As for me being my husband's Lay Representative, the 1999 form is just for info purposes to show my husband's right to one to the Clerk? But I do not actually need to FILL anything in to request/apply to be the Defendant's representative?? 

Can the judge refuse me to act as one? 

Last minute panic as you can see, as my husband is a bit clueless when it comes to the case,  it's me who put all the hard work in 😬😭

Fruitcake

There are no forms for you to fill in.

You ask the court clerk/usher to mention your request to the judge before the hearing, or ask to speak to the judge on a preliminary matter at which point you tell her/him, and show her/him the right of audience as required.

All judges should know that it is the defendant's right to be represented. They shouldn't object, but it is not unknown, although rare. I believe it would be grounds for an appeal if the request was denied and you lost. 

In the unlikely event that it is denied, you could still act as a McKenzie friend which allows you to whisper in the defendant's ear and pass them documents.

UnloadTheShelves

Very helpful, thank you Fruitcake. 

One more question: does the judge start with asking for any preliminary matters from both parties? If yes, is this when I present our MANY arguments why we believe the case should be struck out? 

KeithP

Have you seen this video?...

www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.