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My housing association has applied for an Antisocial Behaviour Injunction against me, making claims I strongly deny. This application only gave me about three weeks to get representation, and the Court date is September 7th. I've just rung the Court offices and been told it isn't a directions hearing - they want to try me there and then.
Even though I can fund my defence privately, I've found it nearly impossible to find a solicitor or direct-access barrister who defends these injunctions, but I did get in touch with a direct-access barrister who says he'll represent me on a pro-bono basis, then only charge me if a further hearing is decided upon. But here's the problem: I haven't been able to get him to put it in writing. I did have a long phone call with him a couple of days ago, where he definitely agreed that he'd turn up to represent me on the 7th, and I emailed him the next day to ask him to confirm this, but he still hasn't got back to me, and I don't want to pester him too much, so I haven't emailed him again. I then got a quote from a barrister who will definitely come, because I can sign an online contract with him, but it will cost me £3,000 plus VAT. As the hearing is only 45 minutes long (and the barrster who's promised to represent me says in practice it will be quite a bit shorter than that) chances are the judge might decide a further hearing is required, and I'll have to pay another £3,000.
Obviously, being on a low income, I would much prefer to go with the pro-bono barrister, but I hate everything being 'up in the air' like this when there's only a few days to go. And the £3,000 barrister will probably only keep his slot open for a day or two more, so I have to make a decision quickly.
So here is my question. The only written proof I have that I have engaged a barrister consists of (1) an email from him saying that if I send him the application documents, he will approach the Claimant's solicitor and discuss the various allegations with him and (2) an email from him asking if I was prepared to dispose of the injunction via mediation if the Claimant agreed, and an offer to arrange this mediation with a barrister whom he named. So if on the day of the hearing he doesn't show up, or if I get a phone call from him a couple of days before saying he's decided not to represent me, how do I get the hearing adjourned until I get proper representation? How can I prove that I had good reason to believe I was going to be represented? Apparently a judge has complete discretion over whether a hearing goes ahead on not, so I'm really frightened that s/he'll say, "Sorry, but it's going ahead anyway", because I'm really afraid I'll lose if I can't have my case defended by a professional.
Any advice would be very welcome.
Even though I can fund my defence privately, I've found it nearly impossible to find a solicitor or direct-access barrister who defends these injunctions, but I did get in touch with a direct-access barrister who says he'll represent me on a pro-bono basis, then only charge me if a further hearing is decided upon. But here's the problem: I haven't been able to get him to put it in writing. I did have a long phone call with him a couple of days ago, where he definitely agreed that he'd turn up to represent me on the 7th, and I emailed him the next day to ask him to confirm this, but he still hasn't got back to me, and I don't want to pester him too much, so I haven't emailed him again. I then got a quote from a barrister who will definitely come, because I can sign an online contract with him, but it will cost me £3,000 plus VAT. As the hearing is only 45 minutes long (and the barrster who's promised to represent me says in practice it will be quite a bit shorter than that) chances are the judge might decide a further hearing is required, and I'll have to pay another £3,000.
Obviously, being on a low income, I would much prefer to go with the pro-bono barrister, but I hate everything being 'up in the air' like this when there's only a few days to go. And the £3,000 barrister will probably only keep his slot open for a day or two more, so I have to make a decision quickly.
So here is my question. The only written proof I have that I have engaged a barrister consists of (1) an email from him saying that if I send him the application documents, he will approach the Claimant's solicitor and discuss the various allegations with him and (2) an email from him asking if I was prepared to dispose of the injunction via mediation if the Claimant agreed, and an offer to arrange this mediation with a barrister whom he named. So if on the day of the hearing he doesn't show up, or if I get a phone call from him a couple of days before saying he's decided not to represent me, how do I get the hearing adjourned until I get proper representation? How can I prove that I had good reason to believe I was going to be represented? Apparently a judge has complete discretion over whether a hearing goes ahead on not, so I'm really frightened that s/he'll say, "Sorry, but it's going ahead anyway", because I'm really afraid I'll lose if I can't have my case defended by a professional.
Any advice would be very welcome.
