Page 233 - Bundle for MF Final

Bates no 232

Defendant agreed or was ordered to repay money to the Claimant but the Claimant

does not recall the details.

20. In an application for the appointment of her father as a McKenzie friend [D59], the
first Defendant puts forward a completely different version of events to that pleaded

by her counsel. She suggests that the Claimant was guilty of some form of fraud on
the insurers when he made his claim following the road traffic accident. She contends

that this 'goes to credit' and suggests that her (former) lawyers refused to plead the
case as she sets out. This 'evidence' is irrelevant, inadmissible and inconsistent with

her pleaded case.

Issues for this hearing
21. There are three issues with which the court will need to deal at this hearing:

a. The first Defendant's application to appoint her father as a McKenzie friend
with rights of audience;

b. Facilitate WP discussions with a view to reaching an agreement between the
parties;

c. Listing this case for final hearing: evidence, housekeeping and case
management.

The first Defendant's application to appoint her father as a McKenzie friend
22. The first Defendant acts in person. On 12 January 2020 she submitted an application

running to 77 pages in support of her application that her father Mr Michael Comer

should be allowed to act as a McKenzie friend and that he should be granted rights of
audience.

23. The Claimant's case is:

a. The application to appoint the first Defendant's father as a McKenzie friend
should be refused;
b. If the court allows the application, the court should not allow Mr Comer to

exercise rights of audience.

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