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Usually when facing a possession claim against oneself one is given access to a duty scheme advisor/representative. Suppose on one day there is no such representative present. Is a defendant who would have availed such advice had it been available seem to suffer any prejudice in the possession matter to which they are a party?

TylerDurden
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1 Answers1

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If no duty solicitor is available on the day, the defendant may make a Part 23 Application to the judge for an adjournment until they have had the opportunity to seek legal advice.

The power to adjourn in these circumstances may be found at Rule 3.1(2)(b) Civil Procedure Rules:

(2) ... the court may –

...

  • (b) adjourn ... a hearing

...

The only prejudice to the defendant that I can see with an adjournment is a prolonging of the process - but that needs to be balanced with ensuring the interests of justice are met.


For awareness, Shelter have a handy "Free legal help from a court duty scheme" guide, and there are a number of Housing Possession Court Duty Schemes (HPCDS), such as this from SWLLC.