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Can I speak for my partner in court??


dicko753
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My partner is claiming against Lloyds and has just recieved a date for an Allocation Hearing, but she is getting scared and does not want to speak in court can I do it for her with her present?

 

I'm not looking forward to doing it myself but she is that worried she is talking about giving in and I really don't want her to do that this far down the road!!

 

Can anybody advise if this is allowed and do I have to inform everyone involved in advance?

 

Reagrds

 

dicko:lol:

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yes, you have the right to act as lay representative but they will have to be there, in person. it is always a good idea to let them know(or "request leave") in advance;

 

PRACTICE DIRECTION – SMALL CLAIMS TRACK - This Practice Direction supplements CPR Part 27

 

3.2

(1)

A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

(2)

The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

(a)

where his client does not attend the hearing;

(b)

at any stage after judgment; or

©

on any appeal brought against any decision made by the district judge in the proceedings.

(3)

However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

(4)

Any of its officers or employees may represent a corporate party.

Newacre

LoydsTSB - £4,158.82 inc interest @16%

SARS request - July 06

Prelim letter - 19 Sept

Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06

LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)

Summons reg at CC 15th Dec 06

Nice letter saying that they would be refunding £750, no strings! 18 Dec 06

SC&M acknowledged service and will be defending claim in full - 4 Jan 07

25 Jan 07 transferred to mercantile Court with about 50 others

06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)

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