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Debt Advice Handbook 14th edition

1. Introduction
**Alert: Courts and tribunals are now open again but still have some coronavirus restrictions in place. HMCTS has issued guidance for people required to attend court in person (as a party or witness) entitled: Coronavirus (COVID-19): courts and tribunals guidance, which is available at: gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation. The guidance includes guidelines on social distancing measures and the need to wear face coverings.**
The majority of cases involving debt are dealt with by a single county court in one of a network of 173 hearing centres throughout England and Wales. Cases are heard by district judges and circuit judges, assisted by part-time judges, with some decisions being delegated to court staff. Judges are experienced barristers and solicitors.
Procedures in the county court are laid out in the Civil Procedure Rules 1998, available online at gov.uk/guidance/the-civil-procedure-rules. The Ministry of Justice and HM Courts and Tribunals Service (HMCTS) are responsible for the courts. HMCTS publishes various leaflets and guides on court procedure, available free of charge from court offices and gov.uk/government/collections/court-and-tribunal-forms. Leaflet EX343 sets out how court users can complain: Unhappy with our Service: what can you do? (the complaint form is Form EX343A, available from gov.uk/government/publications/form-ex343a-complaint-form). All forms of discrimination should be challenged and taken up with the court as part of debt advisers’ social policy work.
The court manager and her/his staff are responsible for carrying out the court’s administrative functions – eg, processing applications and fixing hearing dates. It is a good idea to establish a working relationship with your local court. Many courts have users’ groups and/or court desks for unrepresented parties. Debt advisers cannot represent their clients in court, except at hearings allocated to the small claims track (see here), but judges have increasingly recognised the value of such representation and rarely refuse to allow advisers to speak on clients’ behalf. However, only legal representatives can sign court forms on behalf of clients.1Barristers, solicitors and their employees, and people authorised by the Lord Chancellor to conduct litigation under s11 CLSA 1990
 
1     Barristers, solicitors and their employees, and people authorised by the Lord Chancellor to conduct litigation under s11 CLSA 1990 »