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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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In the small claims court trail can a defendant be represented

Resolved Question:

In the small claims court trail can a defendant be represented by someone who is not a barrister, solicitor, or an employee of the company it self.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Please can you explain the situation in more detail?

Customer:

A company let a property from me they were represented by a letting agent. The company did not pay the last 3 months rent I made a small claim against the company for £2450.

Customer:

The company is not attending court but the letting agent is. the letting agent is not on the claim form nor on the tenancy agreement

taratill :

What is the relationship between the letting agent and the company then?

Customer:

I am not sure I believe they are contracted to look after properties this company rent. the company rent about 60 residential properties for its employees who come from abroad.

taratill :

have you objected to this to the judge?

Customer:

not yet as the trail is tomorrow and I only found this morning that no one from the company is attending.

taratill :

Ok the general rule is that the party may be represented by a solicitor or barrister, they may represent themself or they may allow a lay representative provided that the party is also present themself. As none of these apply you can raise this issue with the judge.

Customer:

Should I raise the issue before the trail starts or when we are called in.

taratill :

Before the trial starts.

Customer:

Thank you

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