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Barrister's behaviour

6 replies

GOLDENLiquidAngel · 27/04/2017 19:18

My partner made a money claim against his ex for a beneficial interest in her property. My partner had to represent himself as he has no money. The claim went to trial. During the trial he had a type written list of questions to ask one of his witnesses. The judge asked to see it and crossed some questions out, then asked his ex's barrister if she wanted to see and cross out any questions she didn't want asking... the barrister then crossed two questions out... that's not right surely?

OP posts:
ImperialBlether · 27/04/2017 19:19

That sounds very strange! What sort of questions were crossed out?

Collaborate · 28/04/2017 07:40

The court has the right to refuse questions to be put to witnesses on the ground they are not relevant. It must be presumed that this was what the judge was doing. The judge will have vetted what the barrister wished to be not asked.

Crumbs1 · 28/04/2017 07:42

Seems right to protect witness from inappropriate questions. Judge would be acting correctly if questions were unreasonable, irrelevant to case or likely to mislead.

MrsBertBibby · 28/04/2017 07:43

The judge should have explained that, though. Some judges are really good at trying to keep things fair for unrepresented parties. Some are a bit crap.

TheInimitableMrsFanshawe · 28/04/2017 07:47

You're not allowed to ask leading questions and yes some questions may be disallowed as irrelevant. In my experience judges go absolutely out of their way to make sure that people representing themselves in court cases get a fair deal because they're not familiar with all of the procedure. I sincerely doubt that there was anything inappropriate going on.

greenberet · 06/05/2017 19:58

In my experience judges go absolutely out of their way to make sure that people representing themselves in court cases get a fair deal because they're not familiar with all of the procedure.

not always the case- my divorce has been a nightmare - i was dismissed by one judge as being "emotional and full of mistrust" after being persuaded by my legal team to attend hearing unrepresented - this lost me my family home

i had to represent myself despite having acute depression due to being let down 2 days before final hearing by a barrister - the judge was fully aware i had depression as a mental health worker attended court with me to get a hearing adjourned. I was unable to speak after being cross examined by X's barrister on my Mental health who implied that it does not exist despite having a 20 year diagnosis and receiving PIP. The judge dismissed this - at a further hearing where a barrister said i had had an unfair hearing due to being unrepresented through no fault of my own - the judge refused to agree or allow an appeal.

I have been severly let down by the legal profession in more than one instance - there is a conflict of interest when they are trying to maximise fee income - the court was more concerned about the "costs" than making sure i had a fair hearing.

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