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representing partner at hearing


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Hi,

 

I dont want my partner to be at any hearing relating to her case, can I just turn up on their befalf on the day or do I need to inform the court?

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Going to court can be a daunting experience for anyone. It is possible to have someone attend with you and there are three types of representation, other than a solicitor:

 

 

1.A Litigation Friend is a person who acts on behalf of someone incapable of representing themselves, ie a child or patient. He issues the claim and, in their absence, presents the claim in court on their behalf.

 

 

2.A Lay Representative can represent anyone in court as long as the claimant is also presenting court on the day. The claim must be issued in the claimants name and all documents must be signed by the claimant.

 

In theory you don't have to give the court notice, just inform the court usher on arrival at court. But you can always mention this in 'Other Information' in the AQ or send a brief letter to the court once you have a hearing date. Permission is at the discretion of the court, but is usually granted.

 

A lay representative may, on application and with the court’s permission, conduct the case without the claimant being present. But this is extremely rare and there would have to be exceptional circumstances.

 

 

3.A 'Mackenzie Friend' can accompany a claimant and be present to advise him during the hearing, but cannot address the court themselves.

 

Looks like your partner would have to attend even if she doesn't speak.

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I helped out in a case where my "friend" turned up but developed an ear infection; I was then allowed to conduct the case for him.

 

Perhaps your partner also suffers from acute Otitis media? ;-)

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Hi Hedman87

 

I've just read your thread, and as I've posted the following info on 2 other threads this morning, I thought I'd copy it to you as well just in case you hadn't already seen them ;)

 

 

I hope you don't think I'm trying to tell you how to suck eggs with this first link which I had saved for my own use;

http://www.consumeractiongroup.co.uk/forum/legal-issues/195563-litigants-person-interesting-reading.html

 

The second one by CAGger nick20045 may be more useful as it quotes a case law which expressly permits a LiP to be represented by their OH or a close relative;

http://www.consumeractiongroup.co.uk/forum/legal-issues/233755-litigation-person-need-family.html

 

 

Cheers

Rob

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