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Final Hearing Court representatives

  • BVG
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04 Apr 08 #18574 by BVG
Topic started by BVG
Can anyone tell me who is allowed to be in the presence of a DJ at a final hearing. I understand that either party will have a barristor and solicitor present and posibley expert witnesses when called. Can anyone else sit in chambers?

  • Elle
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04 Apr 08 #18578 by Elle
Reply from Elle
In Scotland....its open court.....everyone and there granny can sit in the gallery!

  • Angel557
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04 Apr 08 #18582 by Angel557
Reply from Angel557
My court paper for final hearing just states and all parties and witnesses to attend.

  • Justabouthadenough
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04 Apr 08 #18610 by Justabouthadenough
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Hi BVG

Other than the legal representatives for both sides and yourselves, no-one else is allowed in the hearing. I went with my other half to his hearings and waited in room, whilst x's boyfriend stayed outside the court doors! Nothing like rubbing your nose in it.

  • downbutnotout
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04 Apr 08 #18623 by downbutnotout
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Another person who can be in the hearing is a McKenzie friend.

From Wikipedia....

"A McKenzie Friend assists a litigant in person in a United Kingdom court.

This person does not need to be legally qualified. The crucial point is that litigants in person are entitled to have assistance, lay or professional, unless there are exceptional circumstances. Their role was set out most clearly in the eponymous 1970 case McKenzie v. McKenzie[1] Although this role applies in the jurisdiction of England and Wales, it is regarded as having its origins in common law and hence has been adopted in practice in other common law jurisdictions such as Australia, Canada, New Zealand and the U.S.A. (see below)."

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04 Apr 08 #18624 by BVG
Reply from BVG
Downbutnotout
Thanks never knew anything about this, so if there is no sol or bar representing the litigant then its ok to nominate an MF before the FH. But if represented by a sol/and/or sol. then nobody else except a person called as an expert witness(s).

Found this from the MF case

Quote
Where proceedings are held in open court, it is clear from the principles set
out in Court of Appeal decisions1 that a litigant who is not legally represented
has the right to have reasonable assistance from a layperson, sometimes
called a McKenzie Friend (“MF”).
Unquote

  • Louise11
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04 Apr 08 #18637 by Louise11
Reply from Louise11
Hi Bvg

The answer to your particular question is " who the Judge says can sit in the hearing!
The Judge also has to give permission for you to have a MF, so if you want one you must apply to the court before the hearing and ask the Judges permission. He/She will ask why you want one so be prepared to give an answer.
It amazed me with mucca and macca, that mucca was allowed so many MF's in court with her, even down to one being a lawyer!!! Oh well suppose its a case of money talks as per usual in good ole England! One rule for rich and one for the poor!
A MF can help you by way of taking notes etc, but can not speak on your behalf. They can not be paid for their help either only by way of covering the expenses they incur attending the court.
Also the bit where you quote a MF case, divorce hearings in England and Wales are not open hearings they are closed. So no one except people directly involved in the case are allowed in. But like i said before at the Judges discretion.
Kind Ones
Louise:)

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