Small Claim procedure was designed to resolve disputes with low amount of money without involving solicitors and barrister at court hearing. Claimant and Defendant may arrange a person who would represents litagant's interests at small claim trial.
This person is called lay representative. Lay representative is an individual other than an advocate or a solicitor approved by a litigant.
But lay representative must attend a court hearing together with a person which he or she represents under CPR 27 paragraph 3.1:
(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–
(a) where his client does not attend the hearing;
(b) at any stage after judgment; or
(c) on any appeal brought against any decision made by the district judge in the proceedings.
In case of company then any of its officer or employee may represent an interest of company.
Lay representative of individual claimant or defendant may be any person such as husband or wife, friend. If you pay a fee to the lay representative these fees couldn’t bee recovered in small claim court.
Who is McKenzie Friend
You may bring to the hearing a friend who will assist you but not allowed to speak on you behalf. Such person is called McKenzie Friend.
There are limited actions that allowed to McKenzie Friend during the hearing process:
- take any notes,
- assist in preparation of paper
- moral support to the litigant
- sitting next to the litigant and quietly giving an advice on any aspect of the small claim case or any other case in court
McKenzie Friend can not:
- to sign any court documents
- act as an agent of claimant or defendant in connection with court claim
- address to the court
- examine a witness