Some common questions.
Will you deal with everything for me?
Yes! We will do everything for you, just as mentioned in our comprehensive service! Once you have engaged us we shall work directly with you to assist you to resolve the matter.
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. David is also member of the Society of Professional McKenzie Friends when undertaking this role.
What is a Lay Representative?
A lay representative is a person who 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. We can represent you in your court or tribunal hearing.
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. There are two other tracks known as the Fast-Track and the Multi-Track which are not as strainght forward as th small claims which was designed to allow people to enforce their legal right with out fear of all strict legal cost, disclosure experts etc.
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.
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 or if you wished to make an application the court fee unless you could claim a fee remission whereby you can reduce or have the court fee waivered.
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, our 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, we can concentrate on the case, ensuring that we try to get the best result we can for you. If your court hearing is not within our catchment area then please contact us for a tailored price for your needs.
I have received a claim form from the County Court, what should I do now?
Contact us now! This will require completing in the best possible way and our help might be of great value. The response to these are time sensitive.
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 and 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.
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. What you pay us is for our unique services to you only.
I have received a summons from the magistrates court, what should I do now?
Contact us now! As this will require completing in the best possible way and our help might be of great value.
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. One can certainly ask on the day or even beforehand. It does, and has happened. We usually can address for you in Tribunal matters and on the small claims track matters for you regardless as your lay representative or if you take our barrister advocacy service then this matter wont be an issue.