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: 01724 897 460 📱: 07850 485 727 david@davidtwade.co.uk
F.A.Q.s

F.A.Q.s – Hopefully my FAQs page should cover any questions you may have. If you have any more questions or just want to know more about me, please don’t hesitate to get in touch.

What is a lay representative?

 

 

A lay representative is a person who is not legally qualified but accompanies another during a court or tribunal hearing. They can address the court on your behalf just like a solicitor or barrister would. It derives from the Lay Representatives (Rights of Audience) Order 1999.

 

 

What is a McKenzie Friend?

 

 

A McKenzie friend is someone who accompanies you during a court hearing and quietly assists you in court but is unable to directly address the court on your behalf. The term ‘McKenzie’ derives from a court of appeal case, McKenzie v McKenzie 1970.

 

With you studying law and already having experience and understanding, can you give me legal advice?

 

This is the most common question I get. I do not provide ‘legal advice’. Although providing ‘legal advice’ is not a reserved legal activity preventing us to do so. Any advice or ideas in relation to your matter is our own personal opinion and is purely for your consideration. I am sure you will find this of great help.

 

When I go to court will you come and help me?

 

I am more than happy to help you in court. This is part of the service provided, subject to the hearing being booked with me and availability.

 

How much does it cost for you to attend court for and with me?

 

Whether your hearing is for part of the day or all of the day, my fee is one fee. The fee is per court attendance, so you can be reassured that if time does tick on, which it sometimes does, you will not incur further charges. With this peace of mind, I can concentrate on the case, ensuring that I try to get the best result I can for you. If your court hearing is not within the listed areas please contact me for a price.

 

If everything is done and I still have time left with you, what happens to it?

 

If after the conclusion of my services you have time remaining, excluding the initial deposit of £100, if it equals a full hour of time you shall receive a refund for the hour. If less than an hour remains, it is not refundable. For example: If you have 2 hours remaining you shall receive a refund for the full 2 hours. If you have 1 hour 30 mins you shall receive a refund of 1 full hour. If you have 30 mins remaining you shall not receive any refund.

 

Will you list and discuss my case?

 

No, I will not. I offer a fully confidential service. I shall not publicise your case on my website. If however, you would like me to publicise your case you must provide this consent to me in writing so that it does not breach my strict confidentiality rules or provide such within a testimony.

 

If you're only allowed to be my McKenzie Friend can I request for you to address the court for me still?

 

Yes, I can, subject to the court’s discretion and any objections from the other side. I can certainly ask on the day or even beforehand. It does and has happened. I usually can address for you in tribunal matters and in small claims matters for you regardless as your lay representative.

 

I have received a summons from the magistrates court, what should I do now?

 

Contact me now! As this will require completing in the best possible way and my help might be of great value.

 

I have received a claim form from the County Court, what should I do now?

 

Contact me now! This will require completing in the best possible way and my help might be of great value. The response to these are time sensitive.

 

What is the small claims track?

 

In general, the small claims track is for claims under £10,000 of a normal or straight forward complexity. There are variations depending on the type of claim being brought.

 

If I win my 'small claims' can I get costs?

 

The small claims track has restrictions on the provision of costs compared to the other tracks, ‘fast track’ and ‘multi-track’. You should, however, be awarded court costs if you have paid any and it is possible to be awarded further costs. Cost for the small claims track is under Civil Procedure Rule, 27.14.

 

Does your fee include any court fees to be paid like issuing an N1 claim form?

 

No, any and all court fees are separate from my fees. I can tell you what they are likely to be, fees for issuing an N1 claim form can be viewed here. You may not have to pay a court fee or only part of it depending on your circumstances.

 

Do I have to pay a fee to defend?

 

No, as the Defendant to a claim you do not have to pay a fee to defend. However, if you lose you might have to pay the courts costs and other side’s costs.

 

Our Referral Scheme

We provide a referral scheme to say thankyou to those who recommend us.

Here’s what David said….

“𝘞𝘦 𝘨𝘦𝘵 𝘢 𝘭𝘰𝘵 𝘰𝘧 𝘣𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘣𝘺 𝘸𝘢𝘺 𝘰𝘧 𝘳𝘦𝘤𝘰𝘮𝘮𝘦𝘯𝘥𝘢𝘵𝘪𝘰𝘯𝘴, 𝘢𝘯𝘥 𝘸𝘦 𝘵𝘩𝘪𝘯𝘬 𝘪𝘵 𝘴𝘩𝘰𝘶𝘭𝘥 𝘣𝘦 𝘢𝘤𝘬𝘯𝘰𝘸𝘭𝘦𝘥𝘨𝘦𝘥. 𝘚𝘰 𝘸𝘪𝘵𝘩 𝘵𝘩𝘢𝘵 𝘪𝘯 𝘮𝘪𝘯𝘥, 𝘪𝘧 𝘺𝘰𝘶 𝘳𝘦𝘧𝘦𝘳 𝘴𝘰𝘮𝘦𝘰𝘯𝘦 𝘵𝘰 𝘶𝘴 𝘧𝘰𝘳 𝘩𝘦𝘭𝘱, 𝘢𝘯𝘥 𝘵𝘩𝘦𝘺 𝘣𝘦𝘤𝘰𝘮𝘦 𝘢 ‘𝘤𝘭𝘪𝘦𝘯𝘵’ 𝘰𝘧 𝘰𝘶𝘳𝘴, 𝘱𝘢𝘺𝘪𝘯𝘨 𝘵𝘩𝘦 𝘪𝘯𝘪𝘵𝘪𝘢𝘭 & 𝘶𝘴𝘦𝘥 𝘥𝘦𝘱𝘰𝘴𝘪𝘵. 𝘠𝘰𝘶 𝘸𝘪𝘭𝘭 𝘦𝘢𝘳𝘯 𝘺𝘰𝘶𝘳𝘴𝘦𝘭𝘧 £40 𝘢𝘴 𝘢 𝘵𝘩𝘢𝘯𝘬 𝘺𝘰𝘶 𝘧𝘳𝘰𝘮 𝘶𝘴.”

So if someone puts your name and details as a referral to us and you have been pervious ‘client’. To say thank you we will happily under our referral scheme pay you £40.

This is current until further notice.

www.davidtwade.co.uk

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