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Volunteering at the PSU :scales: (Money claims :moneybag: (Legal aid …
Volunteering at the PSU :scales:
Child Arrangements :baby_bottle:
Application: C100
Note section 2 requires MIAM or exemption from. Should be a list of providers, if not Google for Birmingham District Family Mediation :left_speech_bubble:
If not disclosing address: include C8
If the case goes to a hearing, it is likely the Court will order a s7 Cafcass report
After the s7 report: Both sides can choose to contest the report or for an Order to be granted on the day. If contesting the report, must explain exactly which points they do not agree with eg. "Unsupervised contact" or "Overnight contact"
If it goes to contested hearing: Will need to prepare a full position statement and evidence. If there are particular requirements, eg. using evidence from a phone, support worker etc. bring this up during the s7 hearing so that it goes in the Order
Position statement :pencil2: should include exact grounds for contesting the specific s7 report point
:email: Triplicate and pay attention to the deadline and formatting
Final hearing (probably 4 hours)
If the applicant has parental responsibility, they do not need to apply for permission. If they do not have parental responsibility, they should apply for permission from the Court using a C2 form
To make an application in relation to existing proceedings :spiral_note_pad:: Form C2. Should mark as urgent on the envelope if applicable
:female-police-officer:Enforcement: C79
:earth_africa:Whereabouts of children: C4. This can also be used for whereabouts of the respondent - just adapt the facts. This would be necessary if state 'Don't know' in Respondent section of C100
:scales:Litigants In Person Advice Scheme
Emergency :sos: 0121 681 3010
Have previously had someone sent back from an emergency appointment because they needed a witness statement to explain why. Not sure if this is necessary or just helpful but worth remembering :warning:
General Admin :paperclip:
Printing :printer:: Local shops? Costcutter when you come out the court and turn left. Also the library!
5th floor has photocopier
In court :female-judge:
Can prompt client to ask questions, eg. "Will this court order include details of contact arrangements". Make sure to know what the client's main aims are :speak_no_evil:
Talk to reception/legal advisor to ask what can be done to advance the client's position, eg. can they submit a statement :question:
Can also ask the usher if want to take someone in (most likely only civil cases) :girl:
Make sure client understands judgement and how this relates to their aim :hammer:
HMCTS form finde
r :clap:
Most likely need to be triplicate :three:
Fee remission form :moneybag:
Available only to individuals, not companies. If company is Ltd, not an individual trading as a company :warning:
Documents - Practical law :+1:
or remember
Rocket Lawyer
for contracts and other document templates etc!
CAB :phone: 03444111444
If not an area of law we deal with :red_cross: can look up a free advice scheme under the
Birmingham Law Society
page (and the appropriate category)
Housing :house:
Trial :female-judge:: Ask for CAB Duty Solicitor on First Floor. They can come in a represent and give free advice
Process: Breach of contract -> Landlord files Section 8 (informs tenant why they seek repossession) -> Landlord applies for Possession Order (N5B or N5 + N119) -> Hearing, Landlord granted Possession Order if successful (usually 14-28 days) -> Landlord applies for Warrant of Possession (N325, this is an eviction order) -> Bailiff turns up and forcibly evicts
Until the claimant has sent an Eviction Warrant, client is still in the first stage. Look for warrant number :forbidden:
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Defence against possession - should be sent forms by court. Form is called 'defence against possession'
If eviction has already happened :warning: Very difficult for court to reverse. Can phone Enforcement and ask, but better to go to Newtown first. Will most likely need an N244 if are going to try going to court
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Landlord to apply for possession: N5 or N5A. To apply for bailiff to take possession: N345
:warning: Section 21 is first step, but is very difficult to draft. We usually don't do these because if it is even the slightest bit wrong, the judge will fine £255 and throw out the case. Tell them to get legal advice
To prove landlord has served s21, should fill out fom
Suspension of eviction: Birmingham has its own emergency form. Take form to ground floor, or if need to make an appointment call Enforcement :phone: Fee = £50
:sos: Emergency situations: Housing Options Team Office in Newtown. Emergency out of hours number is online
Shelter: 0808 800 444 :phone:
Money claims :moneybag:
Process: Application form -> Allocation of track -> Hearing -> Appeal
See list of forms, N1 or N240 most common. Not accepted by court, have to go to Salford :warning:
Legal aid :scales:
Usually sorted out automatically by the solicitor. When the case is closed, the solicitor will file an F11 and the Legal Aid Agency will close the account. Will therefore need to know if there is still a live case or not
Civil legal advice line (for an assessment as to whether client qualifies for legal aid 03453454345
Letter before claim :email: see template
Money Claims online :desktop_computer: cheaper, but cannot get fee remission
Court tracks :railway_track: deal mainly with small claims. If case is allocated to Fast Track or Multi Track, solicitors and barristers are usually involved (more legalistic and formal). Small claims is up to £10 000, Fast and Multi is more
Family :girl: and Repossession :house: are not tracked. Costs are not normally awarded in Family cases
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Debt recovery :bank:
To apply to pay back in installments: N245. This also suspends any bailiff's warrant
Insolvency -
Insolvency Service
has a good website. Can check the register and also email them for certificates etc
Email address:
discharge.queries@insolvency.gsi.gov.uk
Defending a claim :pencil2: N9 for acknowledgement of service. This buys 14 days to prepare a defence. Defence or counterclaim is either N9A or N9B
Divorce :ring:
Application D8. Will need marriage certificate :linked_paperclips: Can order a copy from .gov website
Send to Stoke
Final decree :black_flag: D36 for application (return to family court), D37 for confirmation (return to Stoke), very short form. Must be after the date sent in the post
REMO7: if there is an existing court order for child maintenance which the client wants enforced internationally :earth_africa: :money_with_wings:
Court proceedings :scales:
Witness summons :ear: N20
Case Summary, Specific Issues, Draft Directions - see templates :scroll:
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Send to Court Manager
Applying for a transcript :notebook: Form EX107. Should include copy of appeal notice
Can choose a specific company and contact them, eg. Ubiqus will accept the EX107 emailed to them at
legal@ubiqus.com
Send to court
:pencil2: If a variation needs to be made by order of the judge - ask exactly which document it needs to be written on, ie. on the order? On the witness statement?
Permission
http://www.thecustodyminefield.com/flapp/permission.html
Chasing up a development - unfortunately they often take a while! Can phone the court helpline :phone: or send documents to the court with a letter/explanation (latter unlikely to be enough)
If a client wants to move court locations, N244 :pencil2:
If there is an urgent deadline might be able to ask to email documents :desktop_computer:
Can ask the Court to see whether a form has been filed and phone the client back
Retrieving documents/information from the Courts :arrow_lower_right: Must put in writing. If urgent, email
enquiries@birmingham.countycourt.gsi.gov.uk
or equivalent, and use the subject Case Number: Urgent deadline of [DATE}. Mark the email as urgent and be specific as to request in the body of the email. There is a £10 fee
Questions: TIMING
Employment :bread:
For a claim : ET1. Should first try early conciliation - see Acas
https://www.gov.uk/employment-tribunals
Probate :old_key:
Irwin Mitchell 03701500100 Ashleigh Carr ran our workshop
Immigration
General helpline :phone: 0300 123 2253. They are likely to direct to the appropriate more specific number
For inquiries about application, must have Home Office reference number :warning:
To find a record/proof for someone who has been deported :earth_africa:, ask them to search the database using DOB, nationality and full name. They will direct to the specific team who dealt with it, write to or email them :email: to ask for a witness statement confirming the date of deportation