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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The defendant is due in court regarding his

Customer Question

The defendant is due in court for Questioning regarding his financial situation in order for me to ascertain the next step in the recovery of debt as fund in favour of the Claimant by the Court.
In running interference the defendant has issued me as Litigation Friend with an ‘Application Notice’ (Form N244). The defendant is asking for an order for “The Judgement to be set aside as I was not advised of a Hearing”.
I am recognised by the Court as being the claimant’s Litigation Friend and intend to attend the hearing with the necessary supporting evidence that the defendant received everything correctly and in a timely manner leading up to the decision of the Court to find in favour of the Claimant.
I do not intend to bring the Claimant, my grandmother in law is 100 years of age, living in a home and of frail disposition and it is not realistic that she attends (this is the last thing that she needs).
The question… Can I write to the court in advance of the hearing providing copies of the evidence regarding the defendant’s receipt of court documents at the address he provided to the Court for communication?
I will also explain the Claimant’s health position and hence her absence.
Thanks Pete
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** thanks for requesting me.
She will need a medical note saying she is unfit to attend Court for you to represent her. Otherwise she will need to attend. But you need a medical note saying those particular words.
Yes you need to disclose evidence which you intend to rely upon at the address provided for the Defendant, just as he/she must serve copies of his evidence on you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Many thanks for your quick response.

So I send my evidence to the Court and the Defendant?

Pete

Expert:  Ash replied 2 years ago.
That's right Pete.
Does that help?
Alex
Customer: replied 2 years ago.

finally, is there a specific Court Form that I need to use to collate and present this? or is it merely a letter listing the documents that I am including as evidence?

Expert:  Ash replied 2 years ago.
No. Its just a statement you need to provide exhibiting evidence. Please see:
https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

fantastic.... on it. Thanks again. Pete

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

also do I refer to the attached evidence as 'Attachment 1' etc or 'Appendix 1' etc? Is there a court standard naming convention?

Expert:  Ash replied 2 years ago.
Correct. But Exhibit is the correct wording
Alex
Customer: replied 2 years ago.

Thanks. good night :-)

Expert:  Ash replied 2 years ago.
Night,
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.