strike out claim

[beyondhope]

looks as if our claim will be struck out on friday due to not complying with cpr 21 due to permission from the court not being gained to act as litigation friend (husband is the claimant, im lit friend).....once it has been stuck it can the claim be resubmitted by the claimant without a litigation friend or is that claim then doomed forever?

 

advise please

[Michael Browne]

On what grounds has the court refused to let you act as a Litigation Friend?

 

How does your husband qualify as a 'protected party' ie someone who lacks capacity to conduct the proceedings. I assume he's not under 18:D

[beyondhope]

On what grounds has the court refused to let you act as a Litigation Friend?

 

How does your husband qualify as a 'protected party' ie someone who lacks capacity to conduct the proceedings. I assume he's not under 18:D

 

 

It would appear he wasnt a protected party and there has been a confusion on our part between McKenzie and Litigation Friends So totally my fault As for age unfortunately for him although he may act under 18 he is in fact over that age lol

[Michael Browne]

You should still be able to represent him as a Lay Representative or failing that accompany him as a Mckenzie friend.

 

See here:

Representing Someone in Court - Consumer Wiki

[beyondhope]

You should still be able to represent him as a Lay Representative or failing that accompany him as a Mckenzie friend.

 

See here:

Representing Someone in Court - Consumer Wiki

 

 

Their arguement is I never asked the courts permission under cpr 21 hearing is booked for fri 4th june lasting 5mins ....

[beyondhope]

the poc was signed by the claimant but the n1 was signed by me....

[amilucky]

i would ensure you attend the hearing and apologise to the court and simply ask to resubmit the n1 with the correct signature, perhaps a good idea to take it with you ready. is this a small claims matter?

[Michael Browne]

Their arguement is I never asked the courts permission under cpr 21 hearing is booked for fri 4th june lasting 5mins ....

Who are 'they', the court or the defendant?

 

but the n1 was signed by me....

As a Litigation Friend?

 

I would still attend, apologise that as an Litigant in Person you mistakenly thought you could represent your husband as a Litigation Friend, but that you would respectfully request that the court allow you to be a Lay Representative for your husband.

[beyondhope]

i would ensure you attend the hearing and apologise to the court and simply ask to resubmit the n1 with the correct signature, perhaps a good idea to take it with you ready. is this a small claims matter?

 

Thank you for your reply I will ensure to do that...

 

Im not sure which way through court it would go as its over 5k, I think probably fast trak as its between 5 and 15k...

 

It hasnt been allocated though as claim was served, acknowledgement of service received with intention to defend whole claim, then strike out application received...hearing next friday

[beyondhope]

Who are 'they', the court or the defendant?

 

Defendant

 

As a Litigation Friend?

 

yes

 

I would still attend, apologise that as an Litigant in Person you mistakenly thought you could represent your husband as a Litigation Friend, but that you would respectfully request that the court allow you to be a Lay Representative for your husband.

 

I will do that thank you for your help

[wannabedebtfreesoon]

Agree totally! The courts are required to show a little leniency when it comes to being an LiP. They are also alleging that you wrote the POC, but you didn't!! He wrote it and signed it, you only assisted him which is more than fair!!!

 

I can't believe they would throw out an entire case based on such a small, inadvertant error. Just make sure you grovel unashamedly!!!

[beyondhope]

Agree totally! The courts are required to show a little leniency when it comes to being an LiP. They are also alleging that you wrote the POC, but you didn't!! He wrote it and signed it, you only assisted him which is more than fair!!!

 

I can't believe they would throw out an entire case based on such a small, inadvertant error. Just make sure you grovel unashamedly!!!

 

There will be major grovelling

[wannabedebtfreesoon]

But also don't let them get away with alleging something that is untrue and they have no proof of either. How can they allege you wrote the poc when he signed it?? Were they there??

[Michael Browne]

How can they allege you wrote the poc when he signed it??

Where exactly are they alleging that?

 

The N1 was signed by someone acting as a Litigation Friend for someone who is not a 'protected person' and where there has been no application to the court for permission to do so. If I was the defendant I would have done the same.

[beyondhope]

Where exactly are they alleging that?

 

The N1 was signed by someone acting as a Litigation Friend for someone who is not a 'protected person' and where there has been no application to the court for permission to do so. If I was the defendant I would have done the same.

 

Its in their statement of defence:

 

'In view of the above, the defendant will further say that the POC have been drafted by a third party to whom the defendant owes no Contractual or Tortious liability, and who possesses no cause of action against the defendant.'

[beyondhope]

so should the grovelling not work -

it is acceptable to start a new claim with the right signatures etc as it wasnt struck out on a part of the claim but a cpr problem??

[wannabedebtfreesoon]

Where exactly are they alleging that?

 

The N1 was signed by someone acting as a Litigation Friend for someone who is not a 'protected person' and where there has been no application to the court for permission to do so. If I was the defendant I would have done the same.

Sorry Michael, I was following on the other thread I can see how it must look I agree totally, a mistake has been made that needs rectifying. Equally, I wouldn't like to see the claim struck out on the allegation that the poc wasn't drafted by the claimant, when it was.

[Michael Browne]

Its in their statement of defence:

 

'In view of the above, the defendant will further say that the POC have been drafted by a third party to whom the defendant owes no Contractual or Tortious liability, and who possesses no cause of action against the defendant.'

Strictly speaking they are right. There is only space for one signature on the N1, as Claimant, Litigation Friend or Solicitor and a LF, acting for a protected person, would normally submit the POC on their behalf.

 

But since you cannot act as a LF, they are right when they say you have no cause of action against them.

[beyondhope]

Strictly speaking they are right. There is only space for one signature on the N1, as Claimant, Litigation Friend or Solicitor and a LF, acting for a protected person, would normally submit the POC on their behalf.

 

But since you cannot act as a LF, they are right when they say you have no cause of action against them.

 

Yes I see what you mean, it was the statement of truth on the POC the claimant signed rather than the box on the N1 - im so cross with myself

[Michael Browne]

Sorry Michael, I was following on the other thread I can see how it must look

Yes, took me by surprise slightly, I understand now.

[wannabedebtfreesoon]

Yes, took me by surprise slightly, I understand now.

I thought that after I posted

It's just that I've got a claim with them myself and they tried exactly the same thing with me. Only difference with mine was that the error was made by the court and not me so, needless to say, they didn't get very far!

[wannabedebtfreesoon]

Yes I see what you mean, it was the statement of truth on the POC the claimant signed rather than the box on the N1 - im so cross with myself

Don't worry yourself about it now, it was a simple mistake any one of us could've made. Just concentrate on getting it mended now

[beyondhope]

Don't worry yourself about it now, it was a simple mistake any one of us could've made. Just concentrate on getting it mended now

 

I shall certainly try! did you want that email? scanning is in progress

[beyondhope]

Im actually also annoyed that I had to fight to get this document when its dated 10th May!!

[wannabedebtfreesoon]

I shall certainly try! did you want that email? scanning is in progress

Yh bring it on I need to get my AQ in for tues so could do with some more fuel