And so off to the County and Family Court

At Lincoln this is easy if you know the way as the two buildings are connected by a walkway corridor at 1st floor level (and as the entrance doors to the County Court are broken and have been for as long as I can remember, this is the only way in). But you have to know to walk through the doors to Court 7 and 8, take a right through the double doors and across the connecting bridge

And you arrive at reception for the County and Family Courts.

I am familiar with this layout as I have been before with a friend who was trying to get some statutory declarations signed (and what a performance that turned out to be! - a story for another day).

Now the reception is a square area with glass on three sides where two people sit and answer questions from the public. There was a man and a woman in this glass box today as I approached around 11:50 am.

The man was typing on his computer so I asked the lady if there were any public hearings on today and whether I could observe any? She looked a bit surprised and turned to her colleague. He explained that this was a Family Court and most of the hearings were private. If I wanted to observe some hearings then it would be better if I went back to the Magistrates' Courts and asked there.

I asked if they had heard about the Transparency pilot in the Family Courts - no, they had not. Anyway, I said, getting out my list of hearings, what about this case here - Wiltshire v Higgins in Court 7 - is that a pubic hearing?

Well, yes, but they might be giving evidence and you would be disturbing them.

I must have looked a little incredulous at this response. Oh, well, then, said he - if you take a seat over there and I will try and contact the Usher.

So I sat and waited and after a few minutes he disappeared through a door. And I waited. And waited. And then I decided to look for Court 7 myself. It was back down the corridor and I went in to the "airlock" between the Court and the corridor, opened the Court door and took a seat on the left at the back of the Courtroom.

Before me I had a judge in brightly coloured robes sat on the bench with, in the second row and to my left, a litigant in person (LIP) with a huge suitcase full of papers and more papers around him. On his right was a gowned and wigged barrister and then two rows behind him was a very anxious looking man, who turned and looked as I entered the Courtroom.

The Judge did not look up but I am sure he noted my arrival.

There was a spirited exchange going on between the Judge and the barrister.

It took me a little while to work out what was going on, but I eventually got the gist of what was happening. This was a civil action with the LIP as an unrepresented defendant, the anxious looking man was the claimant and was represented by Counsel, Mr Owusu.

This was scheduled to be a hearing of the matter but the Judge had decided to adjourn the hearing to a later date as the evidence particularly the witness statements were not satisfactory. Apparently some of the evidence was not CPR compliant (Civil Procedure Rules) and had not been signed with a statement of truth and the defendant wanted to file an amended defence - and it seemed as though the claimant wanted to amend their claim as well.

The Judge was quite firm with Claimant's Counsel instructing him - I do not want any changes, not one word, to the statements - just add paragraph numbers and get them signed with a statement of truth. I am amazed that a claimant represented by Counsel has provided a bundle where the witness statements do not have paragraph numbering and are not CPR compliant. This case will come back on some time after May so I am giving you one and a half months.

There was then a discussion about timetabling for the other steps - filing an amended defence, reply to the amended defence (21 days please your Honour from the Counsel), preparation and exchange of trial bundle. The defendant kept interrupting this trying to understand the dates and the Judge kept reassuring him that it would all be set out in the Order which he would receive, but he persisted in butting in.

The Judge was remarkably calm and kept trying to make progress with agreeing dates for the Order.

The Judge referred to the history of this matter "which has been diabolical"! Out of fairness and in the interests of justice I am going to order ...

Your Honour, asks Counsel, the exchanges have been by email and the Defendant keeps ...

Judge - do it by post!

The defendant complained about the process of discovery and the Judge said, we can deal with that at trial. I am not going to allow further witness statements. Claimant asked if he could disclose any further which came to light?

Judge - I find this and the parties lack of cooperation very unsatisfactory. I am going to set a tight timetable and as District Judge here in Lincoln I am going to reserve the matter to myself.

Claimant to serve agreed trial bundle on 22 April. Case listed for a pre-trial review before me 3 weeks before the hearing by CVP with a time estimate of 30 minutes.

We do not want to have the same situation arising again.

Claimant to file at Court not less than 3 days before trial - list of agreed issues, agreed chronology and bundle of authorities.

At this point the defendant interrupts again and says, Your Honour, my wife has Motor Neurone Disease and if anything happens, I need to be there for her.

The Judge expressed sympathy and told the defendant, keep the Court informed once the case has been listed. Parties are to give their availability within 7 days for a 2 day listing after May.

Counsel for the claimant then asked the Judge - the expert witness Kevin Woods - his wife is unwell, Would it be acceptable if he gave evidence by CVP?

The Judge asked where the expert witness lived - somewhere near Cambridge and turned to the claimant. It is not uncommon for an expert witness to give evidence by CVP. What do you think? I will try my best to ensure as much as possible that it would be the same as if he were here in person.

The defendant agreed.

OK, said the Judge, making notes as he spoke - the defendant's strike out application is dismissed. No order as to costs. This matter is reserved to HHJ Sadiq. We will look for availability in 3 months. This matter is adjourned. No order as to costs re adjournment.

The Judge then read out the draft order to the parties.

Counsel for the claimant asked the Judge if he would like him to type up a draft Order.

Nooo, said the Judge, I will draft this myself and get it typed up asap (he asap).

The Judge them addressed the defendant who was asking a number of questions - I would strongly suggest that you should be legally represented.

The defendant asked for help with costs.

The Judge suggested that he look for a direct access barrister by looking at the Bar Council website. There is lots of information about what you can do. Is there anything else?

The claimant asked about numbering paragaphs.

Judge said that he has lots of litigants in person but he was staggered that where a claimant is legally represented he has not numbered paragraphs. The Judge told the parties - the contents cannot be changed.

The Judge then stood and was leaving. We all stood. But Counsel called the Judge back and asked - can we have our bundle back, please? The Judge handed over a large ring binder and left the Court, leaving us all standing.

The defendant then started to try and get all of his papers back in a large suitcase on wheels. I asked Counsel for his name - he looked a little surprised but told me Mr Owusu and I thanked him and left, watched by the anxious looking man, who I presume was the claimant.

Off for some lunch before the afternoon session begins. On the way out, I encountered the lady from the glass reception area. I am sorry, she said, but I have only just started in November and I keep asking for some training.

I reassured her that it was alright, I understood and agreed that she should get some training. I did not say it, but I thought her colleague could probably do with some training on Open Justice as well!

Here is a link to google maps and a view of the Lincoln Court building. Just a few minutes walk from the bus depot and the main railway station (where what I call the EastMidlands Railway Rip-off twins sit awaiting my return later in the day - see my earlier blog post A visit to Lincoln Courts and law library).