Lay representative.

[Brainwaves?]

Hello everyone, I'm baffled by goings on in
my small claims case against a self employed one
man band (cowboy) who fitted a bathroom for me.
The hearing was adjourned last week to give him
8 more weeks to comply with Orders, as if that
wasn't bad enough, he never said a word in
Court, his wife did all the talking as though it
was her case, when I tried to question this, she
became abusive and loudly shouted at me to
stop interrupting!
The District Judge didn't stop her and nobody told
me why she was talking, I was too embarrassed to
do anything & the hearing only lasted 5 minutes but
my Claim is against the trader only so I'd like to ask
if anybody can tell me if this is legal & what I can
do about it?
The woman is loud & intimidating & I don't think
I could cope with her acting as the Defendant at
the New hearing,

[R0b]

Re: Can defendant's wife act instead of him?

Yes it is allowed in small claims courts, it falls under the Lay Representative (Rights of Audience) Order 1999. Anybody can speak on behalf of the defendant at the small claims hearing, provided the defendant is present, if they are not present then they need permission from the court.

Sorry to hear her scream and shout but that is not the way, and you should have definitely raised it with the judge as to her conduct so don't feel embarrassed. Equally, you should wait your turn to speak and not interupt the other side unless there is good reason to do so.

If at the next hearing, perhaps you might wish to address the judge first and explain that on the previous hearing you felt that she was being very loud and abusive and intimidating which does not help the claim so you would ask that she refrains from doing so next time.

[Brainwaves?]

Re: Can defendant's wife act instead of him?

Thanks R0b, should I have been informed of her acting as lay representative though, and will the Defendant also be allowed to speak?
His wife is also his only Witness and has submitted
a false witness statement (on day of adjournment,
so not uses yet!).
In her statement she is also constantly stating "we"
as though my Claim is against them both, it is not
and was issued against the Defendant only.
It seems the Wife is acting as a 'co-defendant'
and not a lay representative so can I apply or ask
the Court to disallow this?

[Diana M]

Re: Can defendant's wife act instead of him?

Thanks R0b, should I have been informed of her acting as lay representative though, and will the Defendant also be allowed to speak?
His wife is also his only Witness and has submitted
a false witness statement (on day of adjournment,
so not uses yet!).
In her statement she is also constantly stating "we"
as though my Claim is against them both, it is not
and was issued against the Defendant only.
It seems the Wife is acting as a 'co-defendant'
and not a lay representative so can I apply or ask
the Court to disallow this?

If the Defendant's wife is a Witness then she is allowed to speak. You, as Claimant, are allowed to cross examine her so if she's lied in her WS then you can challenge the contents.

If she is being abusive in court I would expect the DJ to step in. However he may be taking on board her general conduct in order to assess her credibility. She's not doing herself any favours by acting like a fish wife.

Di

[Brainwaves?]

Re: Can defendant's wife act instead of him?

Thank you so much for replying Di, I
am really beginning to wish I had not
started this Claim, the Judge has already
ignored the fact that the Defendant has
not complied with 3 Court Orders and
instead adjourned on day of hearing?!,
to allow him a further 8 weeks to comply
with appointing a single joint expert!
I don't think this is fair as he has already caused
lengthy delays by not complying, however, after
reading your reply I feel happier and now think
the Judge might just be 'giving them both enough
rope'!
I will challenge her Witness Statement at the
hearing and thank you again for your advice.

[Brainwaves?]

Lay representative.

Hope someone can help, I started small claims
action against a self employed trader following
a terrible bathroom installation.
that was in January this year, since then he has
not complied with several orders, not communicated
with me and blatantly time wasted, the Court has
ignored all this & now adjourned for 8 weeks to
give him more time to comply with an order to
appoint a single joint expert.
At the Court when the hearing was adjourned he
never said a word but his wife was acting (without
anyone notifying me) as lay representative.
How can it be right that the Defendant does not
have to answer my questions at the hearing?
What is the point of bringing a small claims action
against a trader who doesn't even have to answer
my questions or even speak at a hearing?

[charitynjw]

Re: Lay representative.

Hi Brainwaves?

It is not without precedent........discretion of the court?
http://www.lawgazette.co.uk/law/rele...87.fullarticle

[Brainwaves?]

Re: Lay representative.

Oh dear, just as I feared, it seems anything goes!
How can a Defendant get away with not speaking
at a hearing though?

[charitynjw]

Re: Lay representative.

It might help to read through the case to understand the 'ratio' (reason for decision) on McKenzie friends' & representation.
http://www.bailii.org/ew/cases/EWHC/Ch/2016/2282.html

[Brainwaves?]

Re: Lay representative.

And can anyone tell me if a lay representative can cross examine me (Claimant),

[Brainwaves?]

Re: Lay representative.

And can anyone tell me if a lay representative can cross examine me (Claimant),

[Amethyst]

Re: Can defendant's wife act instead of him?

Yes a lay-rep can cross examine although it is up to the Judge on the day how the proceedings go.

If you have some issues with her Witness Statement you could submit a further Witness Statement to the court before the hearing saying what the issues are and countering her claims.

[Brainwaves?]

Re: Lay representative.

Thanks so much Amethyst, that's great advice and something I will definitely do.

[Amethyst]

Re: Lay representative.

You would need to send a copy to the other side as well, so that could cause a kick back off them - however up to 7 days before the hearing you should be able to get away with it ( being a LIP ) Response to the Witness Statement of Mrs xxxxxxxxxxxxxxxx

Don't have a go or poke holes for the sake of it, just be factual and refer to specific paragraphs of her witness statement. Don't say she's lying or anything. Just quote her statement parts and put your side, and evidence what you can as exhibits.

[Diana M]

Re: Lay representative.

that's great advice and something I will definitely do.

What are the issues in her WS that are questionable in your eyes?

The next hearing has been listed for 8 weeks time (first available date after that?) and the DJ has ordered a report from an independent expert to be provided before then. Maybe he did that because he couldn't make any sense of what really went on due to the apparent squabbling in front of him.

Why not wait until you've seen that report in case it does the job for you (challenges the contents of her WS). If the evidence comes from an expert then the DJ is unlikely to reject it.

How much is your claim and what went wrong with the bathroom installation? It's helpful to know what you're both arguing over because that could shape the way you proceed.

Is it shoddy workmanship (which the expert will comment on) or is it a breach of contract (job not completed on the agreed timescale/price etc)?

The object of the exercise is to win your claim as painlessly as possible. A court is a theatre in some ways and the drama (caused by her) is upsetting you, but try to stay focussed on what evidence you need to win rather than any potential slanging match in front of the DJ. You're performing for his benefit not hers.

Di