Landlady refuses to return deposit.

[Lea_HTH]

You're clearly not a lawyer, or you wouldn't be asking for advice on here - so, you won't be doing any 'representing' of your nephew in court. The judge simply won't hear you as you have no rights of audience. You can, however, sit next to your nephew in court and assist him - the judge may even allow you to speak loud enough so he/she can hear, but you cannot freely address the judge without his/her permission, and certainly not as a 'representative'.

 

In addition, I note that you keep saying 'I wrote to the LL', 'I issued the letter before action', 'I filed the claim'. I am hoping you do not mean YOU did those things in YOUR name, but assisted your nephew in HIS name?

 

Because if you issued in your own name, or signed on your nephew's behalf, your claim is automatically defective and will be struck out.

 

YOU are not entitled to any costs, you're not a lawyer. Your NEPHEW might be entitled if HE did any of the research etc., but he can't claim for YOU doing it - because you're not a lawyer.

[Lea_HTH]

At least the paperwork is properly signed then.

 

You're not a lawyer, so you have no rights of audience - I covered that in my first post, but to clarify, the answers to your first three questions are No, No and No.

 

To answer your final question, if he's old enough to sue, he's old enoough to open his mouth in court. You don't have any more experience than he does, since neither of you are lawyers, but it's his case, so he'll have to speak.

 

You could ask the judge for permission to speak on his behalf, but it depends on the judge whether she/he would allow that if there is no apparent reason why your nephew can't speak for himself. It'll almost certainly just be listed for a hearing since it involves rent/deposit issues, so if it goes to trial your nephew should get a solicitor.

[Lea_HTH]

Having done some research,I can actually speak for mt nephew as a "Lay Representative".Looks like I will be cross examining the defendant then.

 

I covered that with 'you can't address the judge without his/her permission'. That includes as a lay representative.

 

Lay reps can speak for the person they are helping IF the judge allows them to. It is highly UNLIKELY that a judge will allow examination in chief or cross-examination by a lay rep. I've never seen it happen in court, EVER, largely because both things are skills that are learnt and honed from practice, and a lay person doesn't have the kind of exposure needed to gain such experience. It's not like television.

 

Good luck though - I think your nephew is going to need it.

[Lea_HTH]

A 'hearing' is not a 'trial' in law, so EiC and XE are unlikely to take place.

 

A 'lay representative' without legal qualifications is a McKenzie Friend whom the judge has allowed to speak on behalf of whoever they are accompanying. Such people are never allowed to conduct EiC or XE, as the poster above discovered.