Application received, seems illogical and illegal

[grixon_1984]

Hi, I have a High Court case where I am the defendant. The Claimant has made an application to the court requesting a number of things, one of which is that I be banned from representing myself because I am dishonest and are frustrating the legal process. No evidence is included as to the accusations. Surely it cant be possible? Thanks, Abs

[MissFM]

Re: Application received, seems illogical and illegal

Hi Grixon/Abs & to LB,

Your question has intrigued me, as I thought that everyone had the right to represent him/herself and if the other side alleging dishonesty & "frustrating the legal process" were a bar...well....the courts would be pretty empty.

I'm sure someone will be along with the definitive answer. Meanwhile, you might enjoy this highly entertaining & informative commentary on the LIP from a lawyer's point of view (which I came across whilst googling for enlightenment) x

https://kerryunderwood.wordpress.com...nvolving-them/

[des8]

Re: Application received, seems illogical and illegal

IMO it is not possible and would contravene the Human Rights Act 1998 (Article 6)

[grixon_1984]

Re: Application received, seems illogical and illegal

Thanks, that's what I suspected.

I think the other side, also a LIP, is simply trying to bully.

[stevemLS]

Re: Application received, seems illogical and illegal

Have you made any applications in the proceedings which have been dismissed?

As I understand it the court can use its case management powers in some circumstances to impose such a restriction.

Are there any children involved in the proceedings?

[grixon_1984]

Re: Application received, seems illogical and illegal

Hi,

I have never made an application in the claim. Only the claimant has ever made applications.

No children, its business dispute with me as an individual defendant.

Thanks.

[des8]

Re: Application received, seems illogical and illegal

Would agree that the court can do almost anything it wants!
But wouldn't the court more likely use its powers to prevent "frustration of the legal process" by striking out inappropriate pleadings, or imposing other sanctions.
To refuse someone the right to argue their case would surely leave the result open to appeal
An accusation of dishonesty to support such an application is just hot air.
Have you been given a date and time for hearing the application?

[grixon_1984]

Re: Application received, seems illogical and illegal

Hi, no date yet but I have a copy of the application sent to the court.

Whats crazy is that the application includes no evidence, witness statement or similar to support the single statement "Bar the defendant from representing himself because he is untrustworthy".

thanks.

[stevemLS]

Re: Application received, seems illogical and illegal

I think the prospects of the Application being successful are negligent then?The Civil Restraint Order provisions only come into play when you have made two or more applications which have been dismissed as being "totally without merit", so they don't apply - it is arguable in any event whether they could be used to achieve this given that the main aim is to prevent a litigant from issuing further proceedings.