Hi.
In practice, is it ever wise to complain about an unfair hearing? :(-:
My LVT trial as litigant-in-person (no legal training) is adjourned after day one. My case is pretty involved, but I know it well, so I submitted a tabbed and indexed statement of case with skeleton argument when asked, but it seemed every point I made came as news to the panel.
I face Counsel who kept me in a headlock while he could access evidence via a mobile device in the court from his client, and his client could give oral testimony that I heard for the first time - no evidence required in support, no prior witness statement or signed statement of truth. It felt like an ambush and it moved on leaving me saying, hang on a minute.
I was ruled out of order mentioning I'd not received disclosures. I was ruled out of order trying to challenge the other side's evidence to be unreliable. I wasn't allowed to examine or re-examine my witnesses. Counsel had a field day.
I kept cool, but offered finally to throw the towel in saying I seemed to be playing no useful part, and the Tribunal told me I had a right to a fair hearing and asked me to return for round two.
I have prepared a list of concerns to write to the chairman, but worry this will only cheese him off given he said I had a right to a fair hearing.
Should I (a)write, (b)raise my concerns at the start of day two, or (c)something else.
In practice, is it ever wise to complain about an unfair hearing? :(-:
My LVT trial as litigant-in-person (no legal training) is adjourned after day one. My case is pretty involved, but I know it well, so I submitted a tabbed and indexed statement of case with skeleton argument when asked, but it seemed every point I made came as news to the panel.
I face Counsel who kept me in a headlock while he could access evidence via a mobile device in the court from his client, and his client could give oral testimony that I heard for the first time - no evidence required in support, no prior witness statement or signed statement of truth. It felt like an ambush and it moved on leaving me saying, hang on a minute.
I was ruled out of order mentioning I'd not received disclosures. I was ruled out of order trying to challenge the other side's evidence to be unreliable. I wasn't allowed to examine or re-examine my witnesses. Counsel had a field day.
I kept cool, but offered finally to throw the towel in saying I seemed to be playing no useful part, and the Tribunal told me I had a right to a fair hearing and asked me to return for round two.
I have prepared a list of concerns to write to the chairman, but worry this will only cheese him off given he said I had a right to a fair hearing.
Should I (a)write, (b)raise my concerns at the start of day two, or (c)something else.