*** DISMISSED *** Small claims for stabling fees

[jaguarsuk]

The date we had to reply with the Directions Questionnaire was 10th May, but I will give the courts a ring to find out if she has supplied a defence to the counterclaim.

If she has then she is supposed to serve a copy on you in the same way she did with the DQ. Ask the court email you a copy or order her to serve you.

[Stopbox]

The date we had to reply with the Directions Questionnaire was 10th May, but I will give the courts a ring to find out if she has supplied a defence to the counterclaim.

[Amethyst]

Normally yes unless the court has ordered different. The reply to the Defence and the defence to the counterclaim should be filed and served with the directions questionnaire. CPR 15, PD 15 and CPR 20. Acknowledgement doesn't apply to counterclaim so it is straight in with defence. If they haven't filed/served a defence might be worth calling the court and checking. ( it is 14 days not 28 as part 12 applies re default judgment and there's no acknowledgement req'd)

https://www.justice.gov.uk/courts/pr...es/part20#20.3
https://www.justice.gov.uk/courts/pr...l/rules/part15

https://www.justice.gov.uk/courts/pr...rt15/pd_part15

3.2 Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.

3.2A Rule 15.8(a) provides that a claimant must file any reply with his directions questionnaire. Where the date by which he must file his directions questionnaire is later than the date by which he must file his defence to counterclaim (because the time for filing the directions questionnaire under rule 26.3(6) is more than 14 days (small claims track) or more than 28 days (fast track and multi-track) after the date on which it is deemed to be served), the court will normally order that the defence to counterclaim must be filed by the same date as the reply. Where the court does not make such an order the reply and defence to counterclaim may form separate documents.

[jaguarsuk]

do they have to send in their defence to my counterclaim at the same time as the directions questionnaire?

I believe they have 14 days from the date you file it, plus 2 days for service and so they should have sent it 16 days after you filed. If you filed on 10th April per post #114 then the Claimants deadline has long passed on the 26th April.

The judgment of Master Matthews in Muhammad -v- ARY Properties Limited[2016] EWHC 1698 (Ch) was that a Defence to Counterclaim is not a formality and a full and detailed Defence to the points made in the Counterclaim is required.

[Stopbox]

do they have to send in their defence to my counterclaim at the same time as the directions questionnaire?

[jaguarsuk]

I don’t know if they would be sanctioned but it makes them look uncooperative

The good thing for your Counterclaim it would seem that they have entered no Defence to it.

Either the solicitor is really incompetent or was only used initially to try to frighten you into paying and now the Claimant is conducting the claim themselves.

[Stopbox]

I don’t know if they would be sanctioned but it makes them look uncooperative

[MIKE770]

they would be sanctioned if it went to court?

[Stopbox]

The directions questionnaire has arrived from the claimant and you were right jaguarsuk the claimant will not agree to mediation.

[Amethyst]

Okay

[Diana M]

a McKenzie friend can only sit and whisper in your ear whereas a Lay Rep can speak on your behalf

I disagree.

A McKenzie Friend can address the court (at the DJ's discretion).

[Amethyst]

Maybe he didn't inform the court in advance, not that you have to but it's polite. Last weeks case was fine - can be a bit hit or miss I suppose dependent on case and Judge.... actually I wonder if that case where the Judge refused was anything to do with the issue of the unsigned witness statement ( ie. did the defendant understand what was in the WS and what was being said on her behalf et) But anyway McKenzie friends are different to Lay Reps, a McKenzie friend can only sit and whisper in your ear whereas a Lay Rep can speak on your behalf ( as long as you are present )

[des8]

Doesn't The Lay Representatives (rights of Audience) order 1999 remove the courts discretion?

If the judge refused permission I wouldn't want to argue it with him, but I have never been refused permission when mentioning the order

[Diana M]

Lay Rep rather than McKenzie friend in this case Di.

It's the same thing.

There is no automatic right of audience in court for a non qualified lawyer (except a Litigant in Person representing themselves). It's up to the court/DJ's discretion.

Another LB member was refused permission for her husband to speak for her at the Hearing >

I went to the hearing with my wife today. As my wife has a weak english so I requested the judge if I could speak on her behalf? the was straight NO!

and here >

I dont understand why he didnt allow me to represent her in court? He kept telling me I am not allowed to speak.

Di

[Amethyst]

Just an example from another case earlier in the month, second part isn't relevant.

FAO:

Court Manager

Claim Ref: XXXXXX Hearing Date: xxxxxxxxxx 10.30am xxxxxxxxxxxx County Court

I am writing to inform the court that my Husband, Mr xxxxxxxxxxx, will be speaking on my behalf at the forthcoming hearing on xxxxxxxxxxxxxxxxxx 2018 at 4pm. I suffer from anxiety and I would appreciate it if he could attend the hearing with me and act as my Lay Representative pursuant to Section 3 of The Lay Representatives (Rights of Audience) Order 1999.

In addition, I would like to bring it to the court's attention that the claimant has failed to comply with the order dated xxxxxxxxxx that stated Witness Statements should be exchanged by 4pm on xxxxxxxxxx / 14 days before the hearing. I filed and served my Witness Statement on 4th April 2018 as directed. I have, as at the date of this letter, received no Witness Statement or supporting documentation from the Claimant. The failure to supply the witness statement and documents within the relevant timeframe has caused, and continues to cause, prejudice to myself in that I am unable to properly prepare for the upcoming hearing. I therefore request that this matter is put before the Judge to consider further directions.

Kind regards

xxxxxxxxxxxxxxxx
Defendant

Lay rep 1999 can be seen http://www.legislation.gov.uk/uksi/1...article/3/made