Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[cab1ne]

Ok, so it's court tomorrow! Any last minute hints and tips for the day??

 

"DON'T" forget ya gum sheild.

 

cab

[wannabedebtfreesoon]

"DON'T" forget ya gum sheild.

 

cab

Thanks Cab

Trust me I won't forget your little gems

[cab1ne]

Thanks Cab

Trust me I won't forget your little gems

 

"i'm feelin it already"

 

wot time you in court.

 

cab

[wannabedebtfreesoon]

"i'm feelin it already"

 

wot time you in court.

 

cab

11.15am so at least I won't have too long on the day to work myself up!

[cab1ne]

11.15am so at least I won't have too long on the day to work myself up!

 

cool, calm and collective,

 

cab

[wannabedebtfreesoon]

cool, calm and collective,

 

cab

I will, I will!! I'll be the epitome of professionalism

[cab1ne]

I will, I will!! I'll be the epitome of professionalism

 

professiowot:p

 

as long as they are the epitome of looooosers:rolleyes: and you come out:D

 

job done M'LUD;)

 

cab

[mark1arby]

I will, I will!! I'll be the epitome of professionalism

 

Wishing you Good Luck!!!

 

Don`t Lose it!!! If you do get a Dodgy Judge, Remind Him/Her (Politely) that you are a LIP and it his their Duty to help you, or at least point out things that could help or hinder you!!!

 

You ARE Ready!!! So Go Get `Em!!!

 

They don`t call you `Hang `Em High Wanna` for nothing!!! LOL

 

Cheers, MARK:D

[wannabedebtfreesoon]

professiowot:p

 

as long as they are the epitome of looooosers:rolleyes: and you come out:D

 

job done M'LUD;)

 

cab

Well I'm as prepared as I can be I've done everything I humanly can to cover all the bases and more. I've brushed up on court etiquette and practised my speeches to a fault. It's getting bad now cos I even told my children off using court speak by accident

"Any contravention of these rules will result in naughty step!" LOL!

I've even "respectfully requested permission for a drink"

[wannabedebtfreesoon]

Wishing you Good Luck!!!

 

Don`t Lose it!!! If you do get a Dodgy Judge, Remind Him/Her (Politely) that you are a LIP and it his their Duty to help you, or at least point out things that could help or hinder you!!!

 

You ARE Ready!!! So Go Get `Em!!!

 

They don`t call you `Hang `Em High Wanna` for nothing!!! LOL

 

Cheers, MARK:D

Mark you are a genius!!

You've just reminded me to print out the advice for judges on dealing with LiPs

 

`Hang `Em High Wanna`??

 

You've been an absolute star, always make me smile. Thanks so much for all your support x

[cab1ne]

Well I'm as prepared as I can be I've done everything I humanly can to cover all the bases and more. I've brushed up on court etiquette and practised my speeches to a fault. It's getting bad now cos I even told my children off using court speak by accident

"Any contravention of these rules will result in naughty step!" LOL!

I've even "respectfully requested permission for a drink"

 

you are hereby granted 15 minute "recess";)

 

cab

[wannabedebtfreesoon]

you are hereby granted 15 minute "recess";)

 

cab

Thank you Sir, I need it I can't remember where the judges guidance on LiPs is!!

[cab1ne]

Thank you Sir, I need it I can't remember where the judges guidance on LiPs is!!

 

http://www.hmcourts-service.gov.uk/cms/1343.htm

 

might be useful.

 

cab

[wannabedebtfreesoon]

Thank you Sir, I need it I can't remember where the judges guidance on LiPs is!!

panic over, found it

It was hidden amongst my 26 open tabs of information lol!!

[cab1ne]

panic over, found it

It was hidden amongst my 26 open tabs of information lol!!

 

"phewwww":oops:

 

cab

[wannabedebtfreesoon]

http://www.hmcourts-service.gov.uk/cms/1343.htm

 

might be useful.

 

cab

Thanks Cab, hmcourts service have been a godsend!

 

This is what I was looking for, it gives a whole load of little hints to get you a bit more prepared for the experience and also some comeback if a judge is being "unhelpful", shall we say

 

Judges guide to LIPs [top]

It is vital for all judges to realise that most unrepresented parties are stressed and worried people operating in an alien environment in what for them is a foreign language. They are trying to grasp concepts of law and procedure about which they may be totally ignorant. They may well be experiencing feelings of fear, ignorance, frustration, bewilderment and disadvantage, especially if appearing against a represented party. The outcome of the case may well have a profound effect and long-term consequences upon their life.

Judges and those who chair tribunals must always be aware of the feelings and difficulties experienced by unrepresented parties and must be ready and able to help them, especially if a represented party is being oppressive or aggressive. Maintaining a balance between assisting and understanding what the unrepresented party requires, while protecting their represented opponent against the problems that can be caused by the unrepresented party’s lack of legal and procedural knowledge, is the key.

Throughout the legal system there are those who represent themselves rather than instruct a lawyer to represent them. The reasons for this can vary. Many do not qualify for Legal Services Commission funding, either financially or because of the nature of their case. Some cannot afford a solicitor. Others believe that they will be better at putting their case across. some distrust lawyers.

In what follows, the term “unrepresented party” encompasses those preparing a case for trial, those conducting their own case at trial and those wishing to enforce a judgment or to appeal.

The disadvantages faced by unrepresented parties stem from their lack of knowledge of the law and court procedure. They are likely to be unfamiliar with the language and specialist vocabulary of legal proceedings, tend to lack objectivity and emotional distance from their case and may not be skilled in advocacy. They are unlikely to be able to undertake cross-examination or to test the evidence of an opponent. They may be confused about the presentation of evidence. They are unlikely to understand the relevance of law and regulations to their own problem, or to know how to challenge a decision that they believe to be wrong. All these factors have an adverse effect on the preparation and the presentation of their case. Equally, however, there are other litigants in person who are very well able to prepare their case and indeed “play the system for all it is worth”. This should be borne in mind.

Subject to the law relating to vexatious litigants, everybody of full age and capacity is entitled to be heard in person by any court or tribunal which is concerned to adjudicate in proceedings in which that person is a party. A party may be represented at trial by a person with rights to conduct litigation under the Courts and Legal Services Act 1990 or may have an assistant or friend (whether lawyer or not) assisting in presenting the case by taking notes, quietly making suggestions or giving advice.

 

Increasing numbers of people are representing themselves in the civil and family courts. The small claims procedure in the county court is designed specifically to assist the public to pursue claims without recourse to legal representation and has created a huge increase in the number of unrepresented parties. The vast majority of defended civil actions in the County Court are dealt with under this procedure and it is a sign of its success that its jurisdiction has been increased (subject to certain exceptions in personal injury cases) from claims of up to £1,000, to claims of up to £5,000. With the consent of the parties cases of a certain type can encompass substantially greater claims. Legal Services Commission funding has never been available for small claims. Unrepresented parties also appear with increasing frequency in the Court of Appeal in criminal, civil and family cases. Some have represented themselves at first instance. Others, having had lawyers appear for them in the court below, take their own cases on appeal, often through a withdrawal of Legal Services Commission funding after the first instance hearing.

 

Those who are involved in legal proceedings without legal representation may face a daunting range of problems of both knowledge and understanding.

English may not be the first language of the unrepresented party and he or she may have particular difficulties with written English. Any papers received from the court or from the other side may need to be translated. The court may need to adjourn in order to ensure that a mutually acceptable translator can attend the proceedings to explain to the unrepresented party in his or her own language what is taking place, and to assist in the translation of evidence and submissions.

 

Unrepresented parties come from a variety of social and educational backgrounds. Some may have difficulty with reading, writing and spelling. Judges should at all times be sensitive to literacy problems and be prepared where possible to offer short adjournments to allow a litigant more time to read or to ask anyone accompanying the litigant to help them to read and understand documents. Some unrepresented parties may try the patience of a judge by their scant knowledge of law and procedure. A judge must exercise and be seen to exercise considerable patience. He or she should not interrupt, engage in dialogue, indicate a preliminary view or cut short an argument in the same way that they might with a qualified lawyer.

 

Unrepresented parties often believe that because they are aggrieved in some way they automatically have a good case. Many cannot conceive of the possibility that they may not be believed or that justice may not be on their side. When explaining that there is no case, a judge must bear in mind that this will come as a great disappointment to a litigant who has waited for the day in court for a long time.

 

Some unrepresented parties are unaware of the explanatory leaflets available at the court, or of the lists of advice agencies and Citizens Advice Bureaux able to offer assistance with case preparation.

 

Many unrepresented parties believe that the court staff are there to give legal advice. Under the Courts Charter court staff can only give information on how a case may be pursued; they cannot give legal advice under any circumstances.

 

Unrepresented parties in civil cases may not choose the best cause of action or defence. For example, they may not know that if a cheque is returned marked “refer to drawer” it is easier to sue on the cheque than on the original invoice. Many unrepresented parties do not know about limitation periods. Amendments to the statement of case are often necessary.

Many parties fail to file their own witness statements in advance of trial and have difficulty in understanding that such a failure means that they may not be able to give evidence at trial. The individual’s level of knowledge should be taken into account in civil cases when deciding whether to allow an amendment of statement of case or evidence from a witness whose statement has not been filed in advance. A flexible approach ought to be adopted where possible, even if this involves an adjournment.

Some of the problems which arise out of inadequate preparation in advance of civil trials are addressed in the Protocols of the Civil Procedure Rules. The Court Service has produced a new series of leaflets for unrepresented parties in the light of the Rules.

Unrepresented parties sometimes fail to understand their obligations to comply with pre-hearing directions, and in particular directions imposing time deadlines and “unless orders”. Many fail to read court orders or to understand their effect. It is good practice to try to ensure that an unrepresented party leaves a directions hearing appreciating exactly what is required of him or her. A judge should always be ready to explain fully the precise meaning of any particular direction or court order.

Sometimes unrepresented parties believe that if the other side has failed to comply with directions given by the court, that in itself is evidence in support of their own case, or that the opponent should be prevented from defending or proceeding further. They often feel upset at what they regard as an over-tolerant attitude by the courts to delay by solicitors.

 

Experience shows that unrepresented parties tend not to make sufficient use of documentary or photographic evidence in their cases or fail to appreciate the need for maps and plans of any location relevant to the case. Judges have the power to order a preliminary hearing for a case allocated to any of the three tracks. Preliminary hearings are an opportunity for suggestions from the Bench that documentary and photographic evidence and, if appropriate, maps and plans will be of assistance at trial and will help facilitate the smooth progress of the hearing.

 

The duty to disclose documents is frequently neglected by unrepresented parties. Some unrepresented parties will have little or no appreciation that they should adopt a “cards on the table” approach. Consequently there can be delay, either because of the need to adjourn or because the judge or the other side requires time at the hearing to read recently disclosed documents. When a pre-trial hearing takes place, a short clear explanation of the duty of disclosure and the test as to whether or not a document needs to be disclosed helps both parties and the court in terms of time saved.

 

Many unrepresented parties do not have access to office facilities and have difficulties in photocopying documents, preparing bundles and typing witness statements. They have little concept of the need for documents to be in chronological order and paginated. Putting the case back is often the sensible course for a judge to take, in the event of litigants coming to court with their bundles in other than proper order.

 

Most unrepresented parties do not have access to legal textbooks or libraries where such textbooks are available and may not be able to down-load information from a legal website. A judge should never close his or her mind to letting an individual, accompanied by a member of the court staff, have access to the court library or to a particular book.

Many unrepresented parties do not understand the purpose or role of case law and authorities. They are frequently very confused and troubled by the fact that the judge or tribunal appears to be referring to someone else’s case. A brief explanation by the judge of the doctrine of precedent will enable an unrepresented party to appreciate what is going on and why. A represented party’s lawyer should be told to produce any authorities to be relied on at the outset. An unrepresented party must be given proper opportunity to read such authorities and make submissions in relation to them.

 

Many unrepresented parties do not appreciate the requirement to prove what they say by witness evidence and accordingly do not approach witnesses in advance or ask them to come to court. Judges are often told “All you have to do is to ring Mr X and he will confirm what I am saying.’ When told that that is not possible, unrepresented parties often become aggrieved and fail to understand that it is for them to prove their case. The need for expert evidence, even in simple cases, is also frequently misunderstood. It must also be remembered that no party can call an expert witness unless permission has been given by the court on allocation.

Where unrepresented parties have not arranged for a witness of fact or an expert witness to come to court, a judge will have a difficult decision to make if confronted with an application to adjourn. The judge should not lose sight of the fact that unrepresented parties may genuinely not have realised just how important the attendance of such witnesses is. In cases where applications to adjourn are refused, clear explanations for the refusal should be given.

 

Many unrepresented parties do not appreciate the need to obtain an adjournment order if a hearing date presents them with difficulties. It is a common misconception that it is sufficient to write to the court without consulting the other side, merely asking for the case to be put off to another date, or that no more than a day’s notice of such a request is required. On the other hand, unrepresented parties may find it difficult to understand why cases need to be adjourned if they over-run because of the way in which they or others have presented their cases, or why their cases have not started at the time at which they were listed.

 

At the plea stage, where an unrepresented defendant pleads guilty, a judge should take great care to ensure that the defendant understands the elements of the offence with which he or she is charged, especially if there is on the face of it potential evidence suggesting that the defendant may have a defence to the charge.

[wannabedebtfreesoon]

Wow! That was somewhat more lengthy than I remember! ha ha!

[wannabedebtfreesoon]

Cool! I even managed to unwittingly sneak in a link to the actual site

[cab1ne]

Wow! That was somewhat more lengthy than I remember! ha ha!

 

just had to save a copy of that:D

 

cab

[wannabedebtfreesoon]

If you click on the LIPs link to the site the part called "Access to Justice - Lord Woolf" is also worth a read for anyone heading for court

[wannabedebtfreesoon]

I really loved this quote from the website, it inspired and spurred me on:

 

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

In fact, I think I'll add it to my signature

[beyondhope]

Ok, so it's court tomorrow! Any last minute hints and tips for the day??

 

 

I have absolutely no intention of teaching granny to suck eggs so to speak!

Go get um girl! If I was closer id be sat on the steps in support

[wannabedebtfreesoon]

I have absolutely no intention of teaching granny to suck eggs so to speak!

Go get um girl! If I was closer id be sat on the steps in support

Not at all! I'm always open to learning and listening

 

Ah thank you

I'm feeling relatively ok at the mo, I've just got so much valuable info I'll be fine as long as I can keep it in my head!!

[Bookworm]

Whew, that was a marathon read!

 

Impressive stuff!

 

Just to add to the LIP advice quoted higher up, you might want to read this:

 

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/105-case-guidance-notes-going-to-court

 

if you haven't come across it before. It was written originally for people fighting their banks, but the whole advice is good regardless of the reason you are in court, tbh.

 

Go kick ass. ;-)

[beyondhope]

Not at all! I'm always open to learning and listening

 

Ah thank you

I'm feeling relatively ok at the mo, I've just got so much valuable info I'll be fine as long as I can keep it in my head!!

 

I have every faith in ya hun! You will blow them away When you have finished kicking their a$$es on your own behalf you should come kick them on mine

 

I cant wait to hear your update on how it went