Judgement for Claim (in defalult) - PCM & Gladstones

MORB · 17 February 2019 at 5:10PM

Thanks @coupon-mad. Very much appreciate your help. Hearing is soon - so I'll will let you know the outcome shortly.

I'm doing the final prep for the day:

Right of Audience argument (?)
Final draft of Skeleton.
Chronology of events.
Schedule of Costs.
Case law transcripts.
Copy of bundle for myself.
Proof of Service to court and Claimant.

Have I omitted anything important from this checklist?

Also I've read a few opposing perspectives as to whether pursuing the RoA line at the outset of proceedings is advisable as DJ's may find it frivolous. What is your take @C-M?

The_Deep · 17 February 2019 at 5:33PM

Argument for unreasonable conduct costs?

Have you complained o your MP?

Coupon-mad · 17 February 2019 at 6:22PM

I've read a few opposing perspectives as to whether pursuing the RoA line at the outset of proceedings is advisable as DJ's may find it frivolous. What is your take @C-M?

I'd do it, but I argue everything!

BrownTrout · 17 February 2019 at 6:31PM

There is nothing wrong with questioning the ROA. But do it in a way which does not !!!! the judge out. Ask the question in a subtle way

MORB · 17 February 2019 at 10:59PM

@the Deep - I haven't written to MP as yet but will do. I have schedule of costs. Can I simply discuss unreasonable costs and point to those that constitute that if the DJ finds in my favour?

Ok - noted Coupon-mad / BrownTrout.

Re: ParkingEye v Beavis [2015] UKSC 67 I want to print the transcript but it is 124 pages long. Can anyone point me to an abridged version that list the post pertinent excerpts? I've had a dig through the forums and PP but haven't found any such thing?

Coupon-mad · 18 February 2019 at 1:11AM

You don't want to print the transcript at all.

No-one needs to take the Beavis case in its entirety. You could search it for pertinent words and copy them into a skeleton argument, making sure you note the paragraph number. but you do not need the case itself as it's Supreme Court, so very well known and a Judge could find it if there was a disagreement over what it says at para xx.

MORB · 18 February 2019 at 1:52AM

Ok - clear.

And with regards Rights of Audience - I am going to take:

1) Mcshane v's Lincoln transcript
2) the Law Gazette article :https://www.lawgazette.co.uk/law/bar-council-solicitors-agents-could-face-prison-term/5059560.article

I read on a thread somewhere there was a text message service to check the reps RoA but can't find it for the life of me now (naturally!).

@C-M would you point at the best thread to read up on best practice around this please?

Coupon-mad · 18 February 2019 at 2:08AM

I read on a thread somewhere there was a text message service to check the reps RoA but can't find it for the life of me now (naturally!).

It no longer exists; it was a temporary service offered by a very helpful guy who still assists people with debt queries, but in different ways now, that take up all of his time.

The case that I recall best as shooting down a case on RoA, was publican paul's on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=113246&st=20

He used McShane v Lincoln and politely pressed the Judge at Brighton (not a great court I think, for PPC cases) even though the Judge initially said the rep was fine as he'd seen her in his court before...

[Deleted User] · 18 February 2019 at 2:42AM

Confusingly you are a qualified barrister once you have sat your exams BUT don't have unaccompanied rights of audience until completing the "first six" of pupillage - their on the job training.

Solicitors must complete their training contract.
Trainees can attend court, provided they have a supervising training principal to report back to.

Herein lies the rub. The likes of Elms legal (an organisation where only the CEO is a solicitor) run a nationwide network of self employed advocates. They are clearly not supervised. They often say they are solicitor agents (true insofar as they attend for the likes of Gladstones) but weasel words insofar as some may assume that they are solicitors acting as an agent for another firm. Naturally they're not taking instructions from qualified lawyers either because most PPCs are using firms which rely on unqualified claims handlers, so there is in fact a dearth of qualified staff.

If they're not qualified, ironically it is YOU the defendant who has a right to present to the court and not them.

See, for example this piece from 'nearlylegal' a housing solicitor:
https://nearlylegal.co.uk/2017/01/solicitors-agents-yet-no-rights-audience/

I should've taken issue with the guy that attended my first hearing. He was clearly prepared to say anything that he thought might help and at times came perilously close to misleading the court. I made sure they burnt eventually, but there's merit in booting these out quickly if you are confident in the arguments.

Both registered barristers (bar council) and solicitors (law society) can be checked online via search functions on those websites.

MORB · 18 February 2019 at 9:52PM

Thanks very much as ever Johnersh and C-M.

This is the last day I can give to preparing and I should have already sent a copy of the schedule of cost to the court and other side. Alas, I haven't as work/time have conspired against me. Is there sense in emailing it to the court and other side this evening (in addition to taking it with me on the day) ?

FWIW it is in the region of £1k.

Judgement for Claim (in defalult) - PCM & Gladstones

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