representation at LVT

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    representation at LVT

    I am involved in a service charge dispute with my freeholders. I have done a great deal of research and preparation in putting together my case including the use of the services of the Leasehold Advisory Service and BPP Law.
    The freeholders have expert evidence which I do not intend to challenge but I do have substantial case law which mitigates their claims.

    I can not afford professional fees so my question is would it be better to have the trainee solicitors from BPP be advocates for me at the hearing or should I try to represent myself? Having read some of the posts on this forum I am alarmed at the experience others have had at the Tribunal using trainees but given that I have no experience myself (for example cross examining an expert witness if the freeholders introduce one at the hearing) am I likely to be in an even weaker position?

    #2
    no point in attending if you don't challenge.

    that's my experience.. and it's not for the layman to interpret case law, if your trainees are not able to convince the chair or the legal person on the panel that your case law is applicable, your finished, dead in the water, because you had two fronts on which to ADVOCATE and you abandoned one front (their expert witness case) left it undefended.

    And now if your case law goes down the pan (The second front is defeated by them and now your only front upon which your were advocating has been overrun)

    "where you going to run to" where are you going to dig in and defend and come back from the brink

    Too late now to beg the panel to allow you to cross examine the experts and even if they said yes. "What are you going to ask them, if you don't have any thoughts as to what to ask because you have not gone through their experts statements, searching for flaws and weaknesses. The same as they would be doing to your statements.

    The LVT was supposed to be informal cheap and accessible to the layman to put their case in lay mans terms. But it seems to have reverted back to a court case proper like the county court where it originally came from.
    Last edited by anoymousfor3months; 21-10-2008, 18:14 PM. Reason: spelling mistake silly typo

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      #3
      After reading Astromums post I would be asking myself the question - can I afford not to appoint a professional?

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        #4
        simple answer is no

        you can not afford not to have a professional in most instances.

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          #5
          It's a ludicrous situation. At a rate of say £150/hour, legal fees would probably amount to as much or more than the sum in dispute. I have tried everything to prevent the matter from getting to this stage but all offers of mediation have been rejected. As far as I know the other party have not yet hired professional representation themselves. I'm just trying to figure out if using trainee advisors would be counterproductive or not.

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