Hello my name is ***** ***** I will help you with this.
For now please let me know whether mother has filed a defence?
No defence filed by mother, for the disrepair case, but I only posted the forms with a fee remission application last friday. For the forseeable future I qualify for full fee remission and I want to try and secure a quick judgement against the mother particularly because she spends time out of the UK, possibly EU holiday home and maybe trying to dispose of her property portfolio. I am concerned about having multiple claimants if having them increases the risk of delays.
OK - in that case you need to make a formal application using form N244:
You are making an application to the Court to add the son as second defendant.
If approved you can then file form N1 on the son
The matter will then be consolidated and dealt with as one claim
Can I clarify anything for you about this today please?
Does having multiple defendants increase the risk of delaying proceedings, e.g, one party is always unavailable to attend court? If I go ahead with just the mother and I was unable to recover any monies from her after the judgement, can I then file separately against he son at a later date? Can mum claim the son lives elsewhere and she doesnt know the address thus blocking the claim? Thank you
No, it makes no difference really.
You can't issue one set of proceedings against one person and then another against someone else
Its a waste of the courts time
Does that help?
Yes thats great thanks, ***** ***** to complete the N244 as suggested. How can I contact yourself in the future if (when!) I need more help with this issue? I'm also involved in family proceedings self representing which have been going on for the past 7 years, which will be in front of a district judge (enforcement of a contact order), would you be able to help with questions on proceedural issues if I need them? If I need to appoint a barrister do I have to go through a solicitor or can I find one myself? Is this a service justanswer can provide, I'm in Newcastle upon Tyne. Thanks
You can post more questions but start them: FOR ALEX W
I can answer them.
You can find a Public Access Barrister at: http://www.barcouncil.org.uk/instructing-a-barrister/public-access/
All questions are public, but your personal details are not
Does this help?
Yes it does, thanks very much, have a good evening