Representation in County Court

[Ganymede]

Was the firm he works for not also on any of the correspondence?

[AndyOrch]

" All I need now are the answers to my questions, repeated below, but I hope that I can get these without the tedious, time consuming necessity of giving all the details of this complex case."

 

Sometimes is necessary to give all the tedious details to facilitate the correct advice......the fact that you are questioning and concentrating on the legality of this person would be far down my list and looking more at the potential errors of the claim..

 

We do not know if judgment has been passed/registered?...were both defendants on the same claim form /separate claim form..same case number...what tort the claimant is relying on to connect the two as defendants?

 

Who is the claimant ...who have they named as Solicitor representation on the claim form?

 

Is it a manual claim or was it issued through CCBC ?

 

Particulars of claim would be very helpful....?

 

Have they got a costs order..or have they just produced a bill of costs.?

 

What Track would be of assistance also with regards to costs.

 

Was the draughtsman of the skeleton argument named on the Directions Questionnaire ?

 

Regards

 

Andy

[ronwicks]

To further my concern about the person representing the Claimant in Court, I spoke to the Law Society and the Registry of Barristers and neither of them had anybody of that name on their practicing records.

 

In a phone call to the Court Office for the name of the person they replied that “No Solicitor was present at the hearing, for any further information we should write to the Court”.

 

So we sent the following letter:

 

 

REQUEST FOR INFORMATION

 

At the hearing on the 16th May the Claimant had a representative who spoke for her. When I made enquiries I was informed that no Solicitor was present at that hearing.

 

For various reasons I need to know that person’s name and the Regulatory Body that issued his Practicing Licence. In the absence of this Licence perhaps I could be advised of the conditions under which he represented the Claimant.

 

The reply was:

 

“Having checked the Court records for your hearing on the 16th May the Claimant had Counsel (XXXXXXX) representing her.

 

If you require any further information as to which chambers Mr XXXXXXX belongs to I would suggest that you contact the Claimant’s Solicitors as they would have requested his attendance.”

Edited July 26, 2016 by Andyorch
name removed

[Ganymede]

So have you contacted the Claimant's Solicitors to ask who Counsel was yet?!

 

Have you also checked the other side's correspondence to see if this Counsel's firm is named anywhere on the letterhead etc?

[ronwicks]

There is nothing in the court papers to indicate any firm of Solicitors - no letters, all Court Papers signed by the Claimant.

 

I am sending the following letter to the Court-

 

Ref your reply to of 18th July to my enquiry.

 

The Law Society and the Registry of the Bar association have been contacted and

both advise that none of their members with the name of Mr XXXXX have a Practicing Licence for the current year, and suggest that I get more details, including his full name and profession, from you.

 

To assist my request it would be helpful if you could also advise me of the Claimant’s Solicitors.

Edited July 26, 2016 by Andyorch
Name removed ...again

[Ganymede]

Worth a shot, but bear in mind that they don't actually need to be qualified or registered as a solicitor or barrister necessarily if their law firm or Chambers is regulated.

 

Ultimately I don't see where you're going with this.

[ronwicks]

There does not appear to be a supporting office, As far as we are aware the person presenting the case is a relative, or some family connection, to the Claimant, and some of the actions he has taken, without having to go into details, are sailing very close to the legal wind.

 

If he is not supported by a regulated office, then what are his Rights of Audience.

[ronwicks]

The Court eventually replied to my letter:

 

"This was referred to the District Judge who has made the following comments:

 

We have no further information regarding Mr. XXXXX on the court file. as far as we can see, no solicitors have put themselves on record as acting for the Claimant. She may have instructed him via the direct access scheme."

 

From that it would appear that Solicitors are not involved and the Bar Association advises that no current Practicing Certificate is held by Mr. XXXXX. In a civil claim in the County Court, how does he have a Right of Audience to represent the Claimant??

[ronwicks]

I am now a little confused on the ongoing of this Claim.

 

On the 21st June Court Hearing was listed for the 18th August and ordered that a "Hearing Fee of £80.00 is payable by 19 July by the Claimant.

 

On 25 July IT IS ORDERED THAT. Upon the time having expiresd for the claimant to pay the hearing fee

Unless the claimant pays the hearing fee within 7 days from the date of this order the hearing will be vacated and the claim struck oout without further notice.

 

8 August " as no hearing fee has been received the hearing listed for18th August has been vacated.

 

MY COMMENT.

The Claimant was given 28 days in which to pay the hearing fee and failed to do so.

7 days after that date the claimant was given a further 7 days to pay - and again failed to do so.

On the 8th August , six days after the failed payment the Court advises that the " hearing listed for the 18th August is vacated"

 

The Claimant had 28 days, then a further 14 days in which to pay the hearing fee and failed to do so. Even though the Court ordered that if the feewas not paid by 2nd August the claim would be vacated and "struck out without further notice".

 

This has not been "struck out" and it would appear that the Claimant now has a further 28 days in which to pay the fee and lift the stay.

 

Is this correct ? or is the Court extending some leniency to this Claimant?

O

[Ganymede]

It should be automatically struck out now.

 

 

Write to the Court to remind them of this as ask that the case be struck out.

[steampowered]

You do not necessarily need to be legally qualified to represent someone in the small claims track .... see http://www.legislation.gov.uk/uksi/1999/1225/pdfs/uksi_19991225_en.pdf.

[Guest]

This has not been "struck out" and it would appear that the Claimant now has a further 28 days in which to pay the fee and lift the stay.

what makes you say that?

[AndyOrch]

As the hearing has been vacated...then normally it is also struck out.

 

 

"8 August " as no hearing fee has been received the hearing listed for 18th August has been vacated."

[ronwicks]

When I look up Small Cl;aims Court procedures

 

 

I understand that if it is vacated the Claimant can reinstate a hearing merely by paying the Hearing Fee within 28 days,

but if it is Struck out then they need to apply to the the Court with a good reason to have the Claim restarted and the other party may raise objections,

[AndyOrch]

When I look up Small Cl;aims Court procedures

 

 

I understand that if it is vacated the Claimant can reinstate a hearing merely by paying the Hearing Fee within 28 days,

but if it is Struck out then they need to apply to the the Court with a good reason to have the Claim restarted and the other party may raise objections,

 

Thats correct...but if a claim is vacated..unless either party makes an application or issued a direction...then its simply meandering and going nowhere.

[ronwicks]

On the 10th August 2016 we sent the ffollowing letter to ther County |Court

Dear Sirs

 

On the 21st June the County Court ordered that “a hearing fee of £80 is payable by the 19th July 2016 otherwise the result may be the hearing being removed and the claim being struck out.

 

On the 25th July the Court advised that the time had expired to pay the hearing fee, and gave a further 7 days to pay otherwise the hearing will be vacated and the claim struck out without further order.

 

Now I have received the notice of 8th August advising that no hearing fee having been received the hearing listed for 18th August has been vacated,

 

Could you please advise me if this claim has now been “Struck Out”

 

 

No reply has been received.

 

What are our next steps.

 

Must we wait apprehensively for the expiry of the 28 days in case the Claimant pays the Fee and revives the Claim?

 

Can we formally request the Court to order this to be "Struck Out"? so that we can have closure from this ordeal.