Preparing your case. Work out what your case is. A good way is to write it down calling yourself the Claimant and the other party the Defendant. This is a prelude to actually what the claim looks like. It might go something like this. The Claimant asked the Defendant to build a conservatory on his house. The cost was agreed at £7,500 plus VAT recorded in an exchange of emails on 3 October 2014. When the work was completed, the Defendant asked for a further £1,500 claiming there were extras to which the Claimant had agreed verbally. The Claimant denies…
This is the third of the three hearings and if you have got this far, it is a great shame. That is because by that point costs, and stress, can go up sharply. A trial which is the hearing to determine the financial split, can last anything from two hours to two weeks depending on the complexity of the matter. In a typical case where the assets involve a house a pension, a car and 2.4 children etc, a one or two day hearing would be typical. Including preparation and a good barrister the costs of that typical…
If you cannot pay your debts you could be made bankrupt, or make yourself bankrupt. Other options are an individual voluntary arrangement (‘IVA’) which means that you pay your creditors a percentage in the pound over a period such as 2-5 years. 75% of your creditors by a value have to accept that arrangement. It can avoid terminal damage to your credit rating, and means that the creditors get something. Institutional creditors like banks and finance companies have a different policy. American Express has a different policy from Diners Club. Expert legal advice should be taken at an early stage.…
An excellent article in the Law Society Gazette 26 January 2015 (www.lawgazette.co.uk) gives guidance on spousal maintenance. Mr Justice Mostyn the leading Family Court Judge, setting the pace and tone of reforms and developments. The first question is whether spousal maintenance should apply at all. The most common reasons were motherhood has interfered with the career of the mother making it necessary for her to need support. The exception is should sharing and compensation principles apply and the Family Court Judges including those in London, will follow Mostyn’s comments carefully when he says that the court must consider a termination…
Litigation gets people irate and often rightly. Nevertheless there is no certainty, and it is often worthwhile considering an out of Court settlement even if you do not get all that you want. Far better to “split the difference” with your opponent and go down to the pub for a stiff drink and to put it behind you, than risk more stress and expense in going through with a full Court hearing. This is not weakness but good commercial sense. If you are involved in litigation and want to talk settlement take expert legal advice at an early stage. …
Housing law covers homelessness possession proceedings and other issues covering your home. If you fall behind with your rent or mortgage the landlord or lender can take you to court. He must take you to court and cannot just evict you which will be a criminal offence. If your landlord or lender has evicted you without a Court Order you can go to the police who should take your side, break back in and get an injunction and damages against the landlord or lender which could easily write off the arrears so do not be downhearted if that happens. Hit…
An excellent article by Frances Gibb in the Times 19 January 2015 (www.thetimes.co.uk page 6) tells us about the proposal that victims will be briefed on how to give their evidence when being cross-examined by the accused’s lawyers. The danger in this is coaching. It is very easy to cross the line especially if one lacks experience. There will be huge pressure on these “experts” to respond to “How should I answer that ?” and this must be resisted. It is quite legitimate to inform witnesses of the layout of the courtroom, what sort of questions are likely to be…
A High Court Judge has given hope to pensioners by quashing a decision to revoke a 78 year old’s driving licence. The DVLC took the view that age alone was sufficient to remove a licence. The Judge stamped on that idea. There has to be medical evidence to show that the advanced age has impaired the fitness to drive. An incident of bad driving which results in a decision of revocation, could be due to something else such as lack of skill, anxiety, nervousness, poor driving habits but not age of itself. If your licence is threatened with revocation or…
Employment tribunal is usually made up of three people one of whom is an employment judge a lawyer specialising in employment law cases. He may sit alone or with lay members such as trade union officials or employers representatives. Either way they will have experience of dealing with work pay disputes and will have received specific judicial tribunal training. You call the tribunal “Sir” or “Madam” as the lay members. Because there may be three, you have to take copies of everything for all three members of the tribunal plus the clerk yourself and the other side so…
Consider what witnesses you want to bring who have personal knowledge of the facts and events. Get witness statements from them. If they are elderly get letters signed early in case they die or are not well enough to attend Court. You may need to get expert evidence such as a letter from a doctor architect surveyor or quantity surveyor. Even if you are litigant in person you might want to bring in a fixed fee specialist lawyer to help. You will not get the cost back but it could be money well spent. Litigant in Person – keep your…
