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Is it all worth it??

  • sleeplessincyprus
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15 Oct 09 #154738 by sleeplessincyprus
Topic started by sleeplessincyprus
I've posted a few times on here, about my situation, i will cut it short this time.
Leave to Remove (partners) children is going to be heard at final hearing over 2 days in high court next week.
Barrister is now quoting fees in excess of £7500. We were originally quoted £5000.
My partner is on income support, and has now run out of money, although we have nearer the lower figure quoted.
With the final hearing a week away we have no chance of finding the extra cash needed for our original barrister.
My question is should we now seek a barrister with lower fees, or bite the bullet and self represent and put the money to better use?
It appears to be common sense that any barrister is better than no barrister at all, but the feeling between us is that we have a strong enough case for our application to be granted in our favour, the bundle is prepared etc etc.
When you self represent is it only the person named that can represent themselves?? (ie my partner) or can i do this on her behalf as she is finding the whole thing a lot to deal with and is currently 7 months pregnant as well.
Any advice greatly appreciated.

  • BreakupAngelsKirsten
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15 Oct 09 #154761 by BreakupAngelsKirsten
Reply from BreakupAngelsKirsten
This isn't a legal opinion but you're short of time so here's some observations (based on what you say above, I don't know the detail):

If you don't have the money you don't have the money but if it can be found my gut feeling is that if I were 7 month's pregnant facing a case to remove my children in the High Court, I'd go for the barrister but make sure certain things are in place (see below.)

If she didn't have legal represntation, how would she feel about cross examining the other side (I am assuming this will happen, but I don't know the details.) How will she know she can focus on presenting the facts when her emotions are likely to get in the way (it's human nature that they do, but we can train ourselves around this.)

In answer to your question about self representation, yes, she would be the only person allowed to speak. You could however support her as her McKenzie Friend, more here: www.itsmydivorce.co.uk/McKenzie_Friend.html and :
www.andrewgray.uklinux.net/legalsupport/procedures56.html
but you can't speak.

If you go for the barrister option, esp. a last minute change (to a cheaper barrister?) make sure you have all your ducks lined up. That the case which is being presented is properly agreed with your partner in advance, not on the morning of the case; that your partner and the barrister have the bundle in good time and that your partner knows her case; that she has asked all the questions she has and what it will mean to be cross examined.

Good luck!

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15 Oct 09 #154787 by Forseti
Reply from Forseti
I have to admit to having strong feelings about leave to remove cases, but will assume that contact between the children and their father will be generous and strongly encouraged (!).

Yes, you can self-represent and there are precedents for a partner speaking on behalf of the litigant. Your partner needs to advise the court well in advance that you intend to act as a McKenzie Friend and apply to the court under Section 27(2)(c) of the Courts and Legal Services Act 1990 for Right of Audience; you may also need to apply to conduct litigation under Section 28(2) of the Act. The decision is up to the judge on the day and he must use his discretion only 'in exceptional circumstances and after careful consideration'. 'The overriding objective is that the courts should do justice' - Lord Woolf in Clarkson v Gilbert [2000], a case in which a husband represented his wife.

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15 Oct 09 #154792 by D L
Reply from D L
You need to ask yourself some very searching questions before you self represent - especially in these cases as everything pretty much turns on the evidence.

If honestly, between you, you can be objective and you understand the case law involved (and therefore the relevant points to make to the court) then yes, by all means self rep.

If honestly, (and do have in mind the emotions involved) you either do not understand the case law and/or cannot say that you are able to be totally objective, spend the money.

As for £5000 for a 2 day hearing in the High Court - well, you can get cheaper ... BUT the fact this is in the High Court suggests you need someone fairly senior (which is something you should factor into your self repping decision) and senior is fairl expensive. However, you can get good, and senior for less than that. Are you sure that figure is just for the barrister and does not include solicitor costs? You can save a lot by telling the sol you do not want the barrister to be accompanied (i.e. you do not want someone from the solicitors firm there).

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15 Oct 09 #154822 by Forseti
Reply from Forseti
It's fair to say that some of the cases I was thinking of involved very knowledgable and experienced McKenzies.

Will the father be represented?

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