Court attendance - advice please

stjon1954 · 4 December 2018 at 4:04PM

My ex wife is being taken to court by HX parking and Gladstones. She is very nervous of actually attending, so I am intending to speak for her as a Litigation Friend. My questions are;

1. Information on this site suggests that we should insist upon an Oral Hearing. I have minimal legal knowledge and I would prefer not to have to expand upon the legal arguments that we have quoted in my wife's defence. Will my attendance, albeit with my lack of detailed knowledge, be preferable, or could I accept Gladstone's request to just have the case judges on the papers we present? I obviously want to have the best chance of winning but I'm not sure how much detail I would be expected to go into on the day.
2. If we DO insist upon an Oral Hearing, must the Defendant attend, or could I attend and speak on her behalf? As I've said, she isn't keen!

Thank you

KeithP · 4 December 2018 at 4:13PM

Whilst not answering your questions, this short video may help:

www.youtube.com/watch?v=n93eoaxhzpU

stjon1954 · 4 December 2018 at 4:29PM

Yes thanks, it's reassuring, but not really answering my specific questions.

KeithP · 4 December 2018 at 4:43PM

Ok, I'll answer your second question, leaving the first question for someone else to address.

If an oral hearing takes place the Defendant must attend.
You can attend with the Defendant and speak on her behalf.
There is the possibility that the judge may ask the Defendant direct questions and of course she must answer those.

stjon1954 · 4 December 2018 at 4:52PM

Thanks Keith. That's clarified that for me.

Umkomaas · 4 December 2018 at 7:10PM

You can represent your ex as a Lay Representative, so Google check the role a LR plays. At the same time look up McKenzie Friend just in case the Judge asks you to clarify exactly which role you will play.

If you use the term 'Litigation Friend' I think you'll have to explain your request.

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

Redx · 4 December 2018 at 7:31PM

as for the "on papers" question, you can go for the oral hearing and see how it goes and then ask for a papers only hearing without you or her going by telling the court a week or two before the hearing

so you dont have to ask for it now , but can ask a lot later in the process

bargepole · 4 December 2018 at 8:10PM

stjon1954 wrote: »

My ex wife is being taken to court by HX parking and Gladstones. She is very nervous of actually attending, so I am intending to speak for her as a Litigation Friend. My questions are;

1. Information on this site suggests that we should insist upon an Oral Hearing. I have minimal legal knowledge and I would prefer not to have to expand upon the legal arguments that we have quoted in my wife's defence. Will my attendance, albeit with my lack of detailed knowledge, be preferable, or could I accept Gladstone's request to just have the case judges on the papers we present? I obviously want to have the best chance of winning but I'm not sure how much detail I would be expected to go into on the day.
2. If we DO insist upon an Oral Hearing, must the Defendant attend, or could I attend and speak on her behalf? As I've said, she isn't keen!

Any person can represent a party in a small claims case, provided that the party themselves is present. This is all statutory under the Lay Representatives (Rights of Audience) Order 1999.

The Defendant will have made a Witness Statement, and can be questioned directly on the contents of the statement by the Judge, and/or by the other side's advocate.

The role of the LR is not to give evidence, but to summarise the legal arguments in favour of the defence. It is therefore essential, if acting in this capacity, that you fully understand the arguments, and can articulate them concisely.

stjon1954 · 5 December 2018 at 3:40PM

That is all brilliant advice and thanks all. I will do as suggested and attempt to get all the legal stuff into my small brain, but may bottle out at the last minute. Gladstones have sent us their Directions Questionnaire (despite HMCTS Northampton not having sent these out yet! I assume Gladstones have blank copies). In this they say they are requesting a papers only hearing, and they 'trust we will agree'. I'm tempted to reply that we intend to see them in court - in the hope that they might drop the claim when they see the Defence case. I don't suppose that will happen!

Umkomaas · 5 December 2018 at 3:44PM

stjon1954 wrote: »

That is all brilliant advice and thanks all. I will do as suggested and attempt to get all the legal stuff into my small brain, but may bottle out at the last minute. Gladstones have sent us their Directions Questionnaire (despite HMCTS Northampton not having sent these out yet! I assume Gladstones have blank copies). In this they say they are requesting a papers only hearing, and they 'trust we will agree'. I'm tempted to reply that we intend to see them in court - in the hope that they might drop the claim when they see the Defence case. I don't suppose that will happen!

In the NEWBIES FAQ sticky, post #2, bargepole has explained all about the DQ stage and how to deal with it. Don't go off piste macho-stylee, follow expert advice contained in the sticky. It covers all you are likely to need to know as the lead up to the court hearing plods on.

KeithP · 5 December 2018 at 3:47PM

Bargepole's 'what happens when' post, linked from post #2 of the NEWBIES thread, includes:

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Court attendance - advice please

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