Representation in the Court - Barrister Services - Are they worth it?

[secret_qa]

hi All,

I have found such forums very helpful when making the applications and submitting the appeals. However, I am not sure if it is worth having a barrister along during an appeal hearing when

1. if I can provide the details evidences of my case and am comfortable to communicate
2. when there is only one legal point based on which I will argue

Can you please share your thoughts that why do people pay huge sums for barristers, is it worth it?

Many thanks

[secret_qa]

hi All,

Since there has been no response to this, I am reposting the question.

The situation is that I have a hearing next week, and I believe that I am fully prepared to explain my case. However, I am not an expert of the clauses but I have supporting documents to reference or support my argument.

The barrister that I have spoken to is charging me hefty money and still seems like he is not too bothered about my case.

So, my point is that are the judges willing to listen to someone and understand the situation without being quoted teh legal clauses. Here, I would clarify that I have responses to all of the refusal reasons and explanations that ECO did not fully read the details provided.

I have heard that some judges dont bother listening to people when they have come at their own. At the same time, I am not sure what value a barrister can add apart from quoting the legal clauses

Can you please comment that what is the best way to approach a counsel session, how to get the most out of it?

Many Thanks

[Ballmigirl17]

Hiya

I found a document a few months ago a guide to representing yourself in court against an ECO decision from outside of the UK.

I have just tried to look for it again to send you but now cant seem to find it! it was produced by the GOV/HMCTS website... Seems like it has been removed but i will keep searching and if i come across again then i will let you know.

I am in same position as you sort of... court is next week for us too but we have a barrister and always did from the beginning, because at the time our case was a a bit difficult to prove on the genuine relationship part but the financial requirement was always easy to prove as they neglected documents and was very clear they did so . Now they believe our relationship after doing a review of the application which now makes the barristers job easy (so we pay money for nothing lol) but just like you I dont know any clauses or paragraphs they use. its always best to familiarize yourself with them but it is a bit much!!

If the proof is there and clear that the home office screwed up (once again!) which i dont doubt that there is! then it should be fine, i think judges are sick and tired of having cases where their is proof that home office clearly didn't do their job properly so they should be lenient towards this (id like to think so!)

My barrister told me the judge just wants an easy job so the less irrelevant paperwork the better. but do be prepared for the home office presenting officer to bring up irrelevant things . thats the only advise i can give you im afraid.

I hope it goes well for you!

[CR001]

Hiya

I found a document a few months ago a guide to representing yourself in court against an ECO decision from outside of the UK.

I have just tried to look for it again to send you but now cant seem to find it! it was produced by the GOV/HMCTS website... Seems like it has been removed but i will keep searching and if i come across again then i will let you know.

I am in same position as you sort of... court is next week for us too but we have a barrister and always did from the beginning, because at the time our case was a a bit difficult to prove on the genuine relationship part but the financial requirement was always easy to prove as they neglected documents and was very clear they did so . Now they believe our relationship after doing a review of the application which now makes the barristers job easy (so we pay money for nothing lol) but just like you I dont know any clauses or paragraphs they use. its always best to familiarize yourself with them but it is a bit much!!

If the proof is there and clear that the home office screwed up (once again!) which i dont doubt that there is! then it should be fine, i think judges are sick and tired of having cases where their is proof that home office clearly didn't do their job properly so they should be lenient towards this (id like to think so!)

My barrister told me the judge just wants an easy job so the less irrelevant paperwork the better. but do be prepared for the home office presenting officer to bring up irrelevant things . thats the only advise i can give you im afraid.

I hope it goes well for you!

The OP is appealing a refused Adult Dependent Relative visa for their mother, not a spouse settlement visa. The rules are different.

[Ballmigirl17]

Hiya

I found a document a few months ago a guide to representing yourself in court against an ECO decision from outside of the UK.

I have just tried to look for it again to send you but now cant seem to find it! it was produced by the GOV/HMCTS website... Seems like it has been removed but i will keep searching and if i come across again then i will let you know.

I am in same position as you sort of... court is next week for us too but we have a barrister and always did from the beginning, because at the time our case was a a bit difficult to prove on the genuine relationship part but the financial requirement was always easy to prove as they neglected documents and was very clear they did so . Now they believe our relationship after doing a review of the application which now makes the barristers job easy (so we pay money for nothing lol) but just like you I dont know any clauses or paragraphs they use. its always best to familiarize yourself with them but it is a bit much!!

If the proof is there and clear that the home office screwed up (once again!) which i dont doubt that there is! then it should be fine, i think judges are sick and tired of having cases where their is proof that home office clearly didn't do their job properly so they should be lenient towards this (id like to think so!)

My barrister told me the judge just wants an easy job so the less irrelevant paperwork the better. but do be prepared for the home office presenting officer to bring up irrelevant things . thats the only advise i can give you im afraid.

I hope it goes well for you!

The OP is appealing a refused Adult Dependent Relative visa for their mother, not a spouse settlement visa. The rules are different.

Oh I see wasn't aware of this couldn't see anywhere what type of visa... was just trying to give opinion

[CR001]

Oh I see wasn't aware of this couldn't see anywhere what type of visa... was just trying to give opinion

No worries. This is one of the main reasons we ask members to continue in existing topics that contain the history, to avoid confusion and repeat of information already posted. Some don't follow the rules

[secret_qa]

Thanks, both of you.

I appreciate your responses, and what I understand from that is

1. Judges do not like too much irrelevant documents - so, need to prepare a huge bundle
2. It is okay as long as I can respond to the questions and defend my point, I dont need to know which legal point applies
3. It does not matter how good a barrister that you take along

Cheers,

[Ballmigirl17]

Thanks, both of you.

I appreciate your responses, and what I understand from that is

1. Judges do not like too much irrelevant documents - so, need to prepare a huge bundle
2. It is okay as long as I can respond to the questions and defend my point, I dont need to know which legal point applies
3. It does not matter how good a barrister that you take along

Cheers,

1) Yes from what my barrister told me - only provide relevant documents to the judge, they hate paperwork!

2) Aslong as you answer properly and clearly what you have been asked and your answer all adds up in accordance with the documents you have supplied/evidence then I dont see the problem, they should be aware that not all of us have the mental ability to sit down and read every single clause. (i speak for myself as i am mildly dyslexic!) nor do some people with dependent children, or people working long hours etc have the time to do this.

3) not sure about this one. We chose to have one onside as we used a solicitor throughout from application to appeal and now for our hearing.Luckily ours has been helpful and supportive all the way through.
Some are only in for the money which is sad. Its always best do checks and reviews to make sure they are qualified before spending so much money etc. It is entirely down to you, if you feel comfortable to go it on your own with the evidence you have then so be it.