Free Traffic Legal Advice

That's how I understood it, yes. Sounds like a good idea to me, for obvious reasons.

Yes, Bromley is our home court, but I actually requested The Strand coz of easier access, etc. Seems we didn't get it.

I take your points about CVP, but what about the advantages? Eg, we turn up for a hearing (possibly with expensive counsel) only to find out that our case has been deferred coz of preceding overruns. Apart from which, the defendant has already expressed her reluctance to take a day off work in order to attend a hearing in person.

I had to assure her that I would personally make good any loss of celery.* I'd even be willing to throw a tomato at the claimant. But seriously, does a CVP really put us at a disadvantage that does not apply equally to the claimant? So approx. evenhandedness is preserved, no?

*Assuming we win if it goes to a hearing, can she claim loss of income as a legitimate expense? Cost of legal representation? She won't want to represent herself.

Ok, let's cross that bridge if/when we get there. I know she won't be happy representing herself [she'd find it too stressful], and I'm not allowed to speak on her behalf. Not sure we'd have much choice.

Ok, let's cross that bridge if/when we get there. I know she won't be happy representing herself [she'd find it too stressful], and I'm not allowed to speak on her behalf. Not sure we'd have much choice.

Why on earth do you think you'd need "expensive councel"? Of course you can represent her in court as a Lay Representative and speak on her behalf. The only requirement is that she has to also attend. When you get to court, you only need to let the Usher know that you will be representing the defendant as her Lay Rep and ask them to inform the judge. You cannot be denied that right. Print this out and wave it at them should you get any resistance:

STATUTORY INSTRUMENTS

1999 No. 1225

COUNTY COURTS

The Lay Representatives (Rights of Audience) Order 1999

Made 27th April 1999
Laid before Parliament 27th April 1999
Coming into force 18th May 1999

The Lord Chancellor, in exercise of the powers conferred on him by sections 11 and 120 of the Courts and Legal Services Act 1990(1) and having consulted the Senior Presiding Judge, hereby makes the following Order:–

1.  This Order may be cited as the Lay Representatives (Rights of Audience) Order 1999 and shall come into force on 18th May 1999.

2.  The Lay Representatives (Rights of Audience) Order 1992(2) is hereby revoked.

3.—(1) Subject to paragraph (2), any person may exercise rights of audience in proceedings dealt with as a small claim in accordance with rules of court.

(2) A lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

(b) at any stage after judgment; or

(c) on any appeal brought against any decision made by the district judge in the proceedings.

Irvine of Lairg, C.

Dated 27th April 1999

EXPLANATORY NOTE
(This note is not part of the Order)

This Order provides for lay representatives to continue to exercise rights of audience in small claims cases in the county courts. Section 11 of the Courts and Legal Services Act 1990 has been amended to facilitate the making of new Civil Procedure Rules, under which small claims cases are no longer referred to arbitration, but are allocated to a small claims track. This Order does not alter current practice, but is made as a consequence of those changes.

As explained above, the reason for requesting a hearing in person is that DCB Legal will discontinue if it is a hearing in person. If it is a CVP hearing, they will just continue and attend the CVP hearing. You can decide to continue with the CVP hearing or request a hearing face to face which is highly likely to be discontinued.

You are not a McKenzie Friend. Do not conflate the two roles. Do a bit of research on the difference! A Lay Representative is different!

There remains the strong possibility it is discontinued.

etc etc.

Spot on. The defendant received N279 on 9th Sept. What a surprise.

Thx for all the help. We are forever in your debt.

Sure. Watch this space.

Not sure we incurred any xpenses as such.