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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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My father has a court hearing today at the 'small claims court'

Resolved Question:

My father has a court hearing today at the 'small claims court' but has suffered a head injury this morning which has required him to go to hospital.
The original plan was that i would act as his lay representative as i have prepared all of his documents and have an intimate knowledge of the facts which he does not have and the hearing would be a waste of time and impossible without me to speak on his behalf.
Am i allowed, or would it likely be allowed for me to attend on his behalf and address the court?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

Hello, thank you for your assistance

LondonlawyerJ :

YOu will certainly need ot attedn court today. If you are confident - and have your father's authortiy to do so- then you can seek the permission of the court to proceed today. What sort of hearing is it?

Customer:

It is for an application to set aside judgement

LondonlawyerJ :

It might be better though if you were to explain your father's situation today and ask the court to adjourn the hearing for a few weeks so that your father can attend when he has recovered. It is very likely that the court will adjourn the hearing for this reason. Does your father want to be present?

Customer:

He wou

Customer:

He would rather nof attend as the case relates centrally to me, he was simply a party to the contract that the case concerns. I have prepared his case in this respect, as he has no knowledge of the case or the law unfortunately. He would not be able to confirm or seny ,any of the facts as he was not peesent, whereas i would.

Customer:

Attending would mean he would need time off work, which would be difficult for him and may have significant cost implications for his employer and himself

LondonlawyerJ :

In that case there is no reasons why you should not try to do the hearing. Is there any written authority from your father for you to do this? If there was this would make it more likely that the court will proceed his absence but these hearings are quite informal in nature and you will may be able to appear n his absence although there are may District Judges who would not let you.

Customer:

I have a statement from him giving me permission, i am also a co-defendant in the case and the claimant appears to be proceeding as if i was the sole party attending the hearing anyway (despite them not knowing this)

Customer:

Would it be wise to call the court to ask for permission or simply ask on arrival shortly before the hearing takes place?

LondonlawyerJ :

The only person who can give permission is the District Judge , there is no point phoning in advance you will need to do it in court.

Customer:

Thanks for your assistance, i shall attend with the statement and hope for the best

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