AT COURT can someone else speak for you

[njtkc]

Does anyone know? if it goes to court does the claimant have to be there or can someone else be present and represent you....

 

If they can....can it be friend or family member

 

When? or who do you have to tell ?

[Guest HUSBANDKHAN]

at the county court you can ask for a form which allows a lay representative to appear on your behalf. you should get this in as soon as possible. as the judge usually has a final say. you could take your rep with you and also hand the form in to the judge on the date of the hearing

[Michael Browne]

Basically anyone can be a lay representative and represent you (as long as you are also present) or you can have a 'Mckenzie friend' who cannot address the court but can be present to advise you during the hearing.

 

When, or even if, you have give notice, I'm not sure.

[njtkc]

great thanks will find out from court LBA today and counting. But I like to start getting prepared for the next step...

[bill-k]

Hi, I've been trying to get some definite info on this, too, as I wish to help my elderly parents-in-law to claim and they're petrified of having to appear (all those wigs and gowns !!! )

 

There is a bit of procedural info I picked up earlier with the help of Caro. I'll get back and let you know.

 

...But it looks like Micheal Browne and HusbandKhan have it in a nutshell, anyway.

 

Michael Browne - is it still necessary for the actual Claimant to appear with me (the rep.) - or can they sign a form to allow me to represent them alone ? If they have to attend, then do they have to actively take part at all - or is it simply a mechanism to ensure that they are able to object to anything that I put forward, if they so wish ?

[Michael Browne]

is it still necessary for the actual Claimant to appear with me (the rep.) - or can they sign a form to allow me to represent them alone ? If they have to attend, then do they have to actively take part at all - or is it simply a mechanism to ensure that they are able to object to anything that I put forward, if they so wish ?

 

A lay representative may not exercise any right of audience where the client does not attend the hearing unless the court gives permission. But I don't know in what circumstances the court may grant that permission or how to obtain it. I suggest you phone your local court

[bill-k]

A lay representative may not exercise any right of audience where the client does not attend the hearing unless the court gives permission. But I don't know in what circumstances the court may grant that permission or how to obtain it. I suggest you phone your local court

 

Thanks, Michael - it looks like I might have to get Mother-in-Law "Sectioned" after all. Happens to all of us eventually, I s'pose !!

[gizmo111]

On joint claims do both parties have to attend?

[bill-k]

On joint claims do both parties have to attend?

 

Gizmo, there's more on this somewhere - I was reading it earlier. Will get back to you all here with stuff. Daughter No.1 is elbowing me off the PC to MSN her mates. Back ASAP.

[Michael Browne]

CPR Part 19:

 

Representative parties with same interest

19.6

(1)Where more than one person has the same interest in a claim –

(a)the claim may be begun; or

(b)the court may order that the claim be continued,

 

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

[bill-k]

Thanks, Michael - that was it.

 

Gizmo -This was the thread I was reading earlier:-

 

http://www.consumeractiongroup.co.uk/forum/legalities/40203-claims-joint-names.html

 

Sorry - I'm not too good at posting links to threads. I'll get it someday.

 

Bill.

[njtkc]

THANKS all very useful keep it coming if there's anything else I/we need to know.