Unqualfied representative conducting case - advice please

[systemofadown]

I have an ongoing issue with my estranged brother and I have now received an MCOL lodged claim. I have filed a defence which has been accepted. The whole matter however has throughout been conducted by an unqualified 3rd party who has been completing and signing all the required forms himself and writing to the court.( unsure if he has even actually lodged the claim himself but in my brother's name since it was all done online ) He has also been positively rude and obstructive to my solicitor throughout. He has even gone on to say that if and when the matter goes to Court my brother will then employ someone to represent him !

I have written to Northampton CCBC who have stated I am able to apply to have the case struck out ( there is no reason why my brother cannot do any of this in person ).

a) What are my chances of getting the case struck out due to the fact that this " gentleman" has been conducting matters unqualified -

b) If I was successful, could my brother just then re-apply again himself and start everything all over again ?

Thanks

[R0b]

Re: Unqualfied representative conducting case - advice please

What your referring to here is essentially a McKenzie Friend, which is a lay person who assists a litigant in person to ensure they have a fair trial. McKenzie Friends cannot without permission from the court, carry out the conduct of litigation on behalf of the litigant in person. They can of course assist the litigant in person with help on documents and responses but they cannot manage that person's case outside of court - for example, sign court documents.

If you made an application to strike out the claim and were successful, he wouldn't be able to re-submit the claim, he would have to appeal it. That said however, I doubt the court would strike out the claim although there could be some repercussions for the McKenzie Friend.

[systemofadown]

Re: Unqualfied representative conducting case - advice please

Thank you for your prompt reply.

My whole issue here is that everything is being written/completed & signed by this person - as an MF he shouldn't be doing anything of the sort. So what action can I take ? The CCBC have just stated that it's up to the claimant to ensure his legal rep is qualified to do so - gee thanks ! Do I just have to suck up to the fact that this person can do everything on my brother's behalf. Can't imagine what repercussions would be taken out that would actually mean anything worthwhile !

[R0b]

Re: Unqualfied representative conducting case - advice please

As a litigant in person, the courts are generally far more lenient than they would be if it was a qualified lawyer. It is difficult to guarantee absolutely that the court will strike out the claim because a McKenzie friend has been acting as an of the litigant contrary to the law. For example the judge could prevent the MF from giving any assistance to the litigant. It is not clear whether your brother is going to employ a qualified lawyer or just simply employ a McKenzie Friend to assist in the hearing - at the judge's discretion he or she may permit the MF to address the court.

I would say you have a reasonable chance of striking out the claim and there is always risks when going to court, particularly at county court as you get a varying degree of different decisions. If you can afford it, you could make an application and seek to recover the costs of the application in addition to the strike out even if the judge refuses to strike out.

[systemofadown]

Re: Unqualfied representative conducting case - advice please

Thank you again. I will certainly be making representations to the Court that this whole matter has been conducted by an unqualified 3rd party throughout - although how far it is taken on board, who knows. Makes a mockery of the "litigant in person" situation however as he does not appear to have done or signed anything to progress this matter and CCBC will it seems accept anything from anyone !

[AntelopeBoy]

Re: Unqualfied representative conducting case - advice please

Hi,

I have had exactly the same situation, an estate agent attempted to bring legal proceedings on behalf of a landlord; signing all forms, claiming to act as legal representative etc. At the first hearing the judge clocked this fact straight away and ordered that the claim be resubmitted correctly, ie signed by the landlord. Cost were also awarded in my favour as it was viewed the hearing and hence my costs could have been avoided had "the claimant" completed their paperwork correctly.