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small claims hearing . Can I speak?

small claims hearing . Can I speak?

Postby lawlearner » Mon Mar 19, 2018 9:13 pm

Hello
My 87 year old mother is being sued in the small claims court hearing tomorrow. I do not know the ins and outs of what happened but she refused to pay a painter. He got very abusive during their last meeting and he refused mediation or arbitration. prior to court proceedings and when court itself offered meditation he refused. I do not know if he has grounds to sue or not and that is not my question.

I will be going to the court with my mother. Will I be allowed in the hearing? Can I speak on her behalf during the hearing? She is nervous but is determined to go but wants some support. I am not a witness to what happened so any suggestions please
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Re: small claims hearing . Can I speak?

Postby Smouldering Stoat » Mon Mar 19, 2018 9:36 pm

Hello, welcome.

You can represent your mother as long as she is also present, and even then the Court does have some discretion. The hearings are quite informal.

However, if you are going to represent her you really do need to know the ins and outs of her case.
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Re: small claims hearing . Can I speak?

Postby dls » Tue Mar 20, 2018 11:09 am

Technically he does not represent her - he acts a a McKenzie Friend. He assists her in the presentation of the case. A court has almost entire discretion as to whether and how and to what extent he is allowed to assist, but it is reasonable to expect that he will so be able.
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Re: small claims hearing . Can I speak?

Postby lawlearner » Sat Mar 31, 2018 6:27 am

Defendant lost this case and his hopping mad.
County court judgement for about £400 in favor of claimant.
The defendant wants to appeal 'on principle' despite my suggestions to pay up and try to forget.
Payment is due by the 10th of April 2018 according to the judgement. Is it possible to file notice of an appeal and then get advice about the grounds of appeal.? I understand the time limit for lodging an appeal is 21days form date of judgement?
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Re: small claims hearing . Can I speak?

Postby atticus » Sat Mar 31, 2018 6:47 am

Do not attempt to appeal unless clear what the grounds are.

"I don't like the result" is not a ground that has any chance of success.

An unsuccessful appeal will increase the bill and will lead to more hopping-madness.
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Re: small claims hearing . Can I speak?

Postby atticus » Sat Mar 31, 2018 7:38 am

Advice: if you can, pay it yourself, tell mum you've sorted it and she won't be hearing of it again.
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