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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife is in a court process with our builder. We would like

Resolved Question:

My wife is in a court process with our builder. We would like to represent ourselves.
Is it possible for her to assign the contract or the claim to me so that I can be the LiP?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what is the value of the claim?

Customer:

70000

Customer:

61500 in fact

Alex Watts :

Ok - you will need to get permission from the Judge.

Alex Watts :

The contract can't be assigned only if the contract allows for it

Alex Watts :

But bearing in mind it is in Court then this would be too late at this stage.

Alex Watts :

But you can represent your wife if the Court gives permission.

Alex Watts :

And yes, you can be a Litigant in person

Customer:

She is my fiancee - does that change anything?

Alex Watts :

No

Customer:

we do have a cohabitation agreement

Alex Watts :

You still need the Courts permission

Alex Watts :

The answer is the same.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what kind of application or form is required?

Alex Watts :

You just ask at Court.

Customer:

at the next hearing - or in writing beforehand?

Alex Watts :

At the hearing

Customer:

Will a court normally grant such a request?

Alex Watts :

You can put the other side on notice and see if they object

Alex Watts :

Depends on the Judge really.

Alex Watts :

Usually Judges are quite accomodating

Alex Watts :

Can I clarify anything else for you?

Customer:

so this is something that we simply ask the judge at the next hearing? The judge indicated to the respondent that he really needed to to have a lawyer. But that is not necessary - even for multi-track?

Alex Watts :

Its ideal, but not necessary

Alex Watts :

Better to have a lawyer, but if you don't need the hearing can still go ahead

Customer:

ok - thx

Ash and other Law Specialists are ready to help you