Self Representation in a Crown Court

That's what I thought, but he's insisting it's Crown, which I took to
mean High Court; if it's criminal, the CPS would take up the cudgels.
All I meant was give more information.

Try

I don't mean settlement, as in post-judgement. I mean ADR, as
recommended by LJ Woolf. Oh, and please, when I prove to be
completely and utterly wrong, would you mind giving chapter and verse?
It'll help with my assignment...

 

One thing that's overwhelmingly clear in all this is that the monobrow
is the one to listen to. I'd be taking in what he says and acting upon
his advise.

 

But very misleading information to the Op who is helplessly out of his
depth. You do understand the different court systems we have for civil and
criminal matters? Just fyi, the High Court is not a criminal court (although
one part of thre High Court can hear some criminal appeals from magistrates
courts).

I wasn;t talking about post-judgment settlement - why would you "settle" a
case after the result, unless its on appeal. You may mention to a court what
ADR measures are being taken by the parties (which are not obligatory) but
you must not say what the outcome is. If a party was unreasonable in
refusing ADR, that is an issue to be determined after judgment when the
court is assessing who should pay the costs.

Anyway, you can do your own research. I'll give you a free hint for
starters - that's not how you spell "judgment" in the court judgment sense.
;-)

 

Please do. I let my MIoA membership lapse and I don't 'practice' as such
anymore, but my visits on site in my new IT capacity bring me in to
contact with colleagues who keep me up to date on the latest
developments and case law (in fact my organic random access memory
system is often called upon to fill in a bit of local knowledge about an
old 'customer').

--

+-------------------------------------------------------------+
| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest Yamaha WR250Z |
| Gilera GFR Moto Morini 2C/375 |
+-------------------------------------------------------------+

 

He's not the only one.

<deletes assignment>

Bollocks. Indeed; naughty fingers.

 

The usual deepest pockets win disgrace.

You are unfortunately so correct in your statement.

If the case is of the type it appears to be, the first step is to review
the action or presumably lack of it by the relevant 'authorities'.

I am happy to give my 'opinion' on that. As to legal action I would want
to be certain that all statutory duty avenues had been thoroughly
explored before even contemplating a civil action, including an
Ombudsman complaint if necessary. Perhaps that has already been done but
I will say no more until Dan gives me more details should he wish to do
so.



--

+-------------------------------------------------------------+
| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest Yamaha WR250Z |
| Gilera GFR Moto Morini 2C/375 |
+-------------------------------------------------------------+

 

Tim Caton coughed up:

Thanks Tim, useful info.
I'm currently chomping my way through the Courts and Legal Services
Act, it's heavy going.


--
Dan L

http://thebikeshed.spaces.live.com/
1996 Kawasaki ZR1100 Zephyr

BOTAFOT #140 (KotL 2005/6)
X-FOT#000
DIAABTCOD #26
BOMB#18 (slow)
OMF#11

 

Yes, and I can tell you that you won't find what you're looking for so don't
waste any more time reading it. You're not qualified to act for anyone so
you don't have a "right of audience". Of course, it would be clearer if you
knew what court you were in. The bottom line is - you're likely to be more
of a liability. You're too close to it and not objective. Plus, you said
you're a witness. If so, there's absolutely NO WAY you can be the advocate
at the same time - even had you been appropriately qualified.

At least say what court it's in - if it is a private prosecution, I hope
your neighbour has complied with its disclosure obligation with regrad to
what evidence it will be adducing in court. If you don't know what you're
doing, you may well end up with a costs order against your neighbour - its
very unlikely to be ordered against you pesonally but you never know. Admit
you've not a clue and go and get proper advice - I don't see why the CAB
can't for starters give you some help.

 

Kiran coughed up:

Kiran, you are most definitely correct.
I had hoped that a meeting with the incumbent solicitor was going to
happen, but it seems it isn't. This was where I hoped a lot of the grey
areas were to be spelled out.
CAB is sound advice.

Many thanks


--
Dan L

http://thebikeshed.spaces.live.com/
1996 Kawasaki ZR1100 Zephyr

BOTAFOT #140 (KotL 2005/6)
X-FOT#000
DIAABTCOD #26
BOMB#18 (slow)
OMF#11

 

Also look up the Free Representation Unit (FRU). I did quite a bit of work
for them years and years ago. They are a charity and generally use pupil
barristers looking for some court/tribunal experience - I'm not sure your
thing falls into what they will take on but try them.

Also bear this in mind - you can probably get a very newly qualified junior
barrister for about £100 for a day - maybe even less. So for not much you
could get some representation. You cannot instruct them directly - so you
need to find a local friendly solicitor who will agree to act as the
conduit.

 

Out of interest, what's it on?

 

Could he not be a 'lay advocate' in a civil action? As you rightly say
though he may be too close to remain calm and objective when conducting
the case.

Hopefully it hasn't got to that stage yet.

I have a feeling though that an 'expert witness' can sometimes act as
both advocate and witness (in Lands Tribunal hearings for example - not
quite the same agreed but it is a judicial body).

It sounds as if C.A.B. and Mediation approaches have probably already
been exhausted.

A quick search of google groups archives reveals that a fence is (or
was) involved. I might have guessed it FFS.

--

+-------------------------------------------------------------+
| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest Yamaha WR250Z |
| Gilera GFR Moto Morini 2C/375 |
+-------------------------------------------------------------+

 

Law Reform and The Woolf Access to Justice Report 1996. Only for
AS-level, not due for a couple of weeks yet.

 

EEK. I'm revising for a resit of that in a week or so. (Law1 and Law2,
I was ill, so missed the exams first time round)

 

In uk.rec.motorcycles, Dan L belched forth and ejected the following:

It depends who you're representing and why.