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AxelMoney

Hi all, how do I prepare for the upcoming hearing?  I shall be reading/revising the defence and witness statement.  Taking copies of both.

On the day I will be a lay rep

Coupon-mad

Expect cluelessness about lay reps.

Take a printed copy of the Lay Reps (Rights of Audience) Order 1999 and tell the Usher when you and the Defendant sign in, that you are a lay rep (and not a Mckenzie Friend).  No permission is needed as the Order confirms. The D has a legal right to have a lay rep speak and you have RoA as long as the D is there.

Read the NEWBIES thread 'hearing tips' now.

Don't forget to ask for the D's costs (not yours).

Le_Kirk

AxelMoney said:

Hi all, how do I prepare for the upcoming hearing?  I shall be reading/revising the defence and witness statement.  Taking copies of both.

On the day I will be a lay rep

Reading back, I see that your elderly father is the defendant; he will, of course, need to be present.

AxelMoney

Coupon-mad said:

Don't forget to ask for the D's costs (not yours).

Do i ask for costs on the day or in advance?
There has been radio silence from the other side.  

Gr1pr

Ideally prepare a statement of costs, with proof wherever possible, it usually goes in as an exhibit with the WS bundle , before hearing day. ( To both parties, not just the judge. )

Take copies on the day too, ask for them if your side wins, just before the end at the point where the judge asks, anything else. ?  Dont walk out of the door and then suddenly remember, like many unprepared litigants do 

AxelMoney

Gr1pr said:

Ideally prepare a statement of costs, with proof wherever possible, it usually goes in as an exhibit with the WS bundle , before hearing day. ( To both parties, not just the judge. )

Take copies on the day too, ask for them if your side wins, just before the end at the point where the judge asks, anything else. ?  Dont walk out of the door and then suddenly remember, like many unprepared litigants do 

I was up against the clock to get my witness statement in.  A statement of costs was not included as an exhibit.   Could I follow-up and submit my costs separately?

Costs are fairly standard.  Mainly my time being involved in this.  Dad is semi-retired.  Can you please point me to example template?  thank you

LDast

You cannot claim for your own costs as a lay representative. The defendant can only claim certain expenses and limited loss of earnings up to £95. The only exception to the defendants costs is if the claimant is found to have acted unreasonably and even then, is likely to be challenged.

Gr1pr

It was your dad's Witness Statement, not yours 

It's your dad's costs, not yours 

As mentioned above, its limited to say around £95 , for dad, if applicable 

Being up against the clock is irrelevant, but a supplementary WS can be submitted to both parties, if applicable 

I don't want to be disrespectful, but this case isn't about you, its about dad, assuming that it is his name being sued 

Coupon-mad

AxelMoney said:

Coupon-mad said:

Don't forget to ask for the D's costs (not yours).

Do i ask for costs on the day or in advance?
There has been radio silence from the other side.  

Like I said, you can ask for the Defendant's costs (not yours). At the end of the hearing.

AxelMoney

Gr1pr said:

It was your dad's Witness Statement, not yours 

It's your dad's costs, not yours 

As mentioned above, its limited to say around £95 , for dad, if applicable 

Being up against the clock is irrelevant, but a supplementary WS can be submitted to both parties, if applicable 

I don't want to be disrespectful, but this case isn't about you, its about dad, assuming that it is his name being sued 

Valid point & understood. Taking ownership of this matter on behalf of dad I’ve been referring to him/me interchangeably.  Understand everything is from his perspective including the costs