england-and-wales legal-aid possession
What provisions entitle a defendant in a possession claim to receive on-the-day representation/advice from a duty scheme?
<p>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?</p>

<p>If no duty solicitor is available on the day, the defendant may make a <a href="https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23#23.5" rel="nofollow noreferrer">Part 23 Application</a> to the judge for an adjournment until they have had the opportunity to seek legal advice.</p>
<p>The power to adjourn in these circumstances may be found at <a href="https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.1" rel="nofollow noreferrer">Rule 3.1(2)(b)</a> Civil Procedure Rules:</p>
<blockquote>
<p>(2) ... the court may –</p>
<p>...</p>
<ul>
<li>(b) adjourn ... a hearing</li>
</ul>
<p>...</p>
</blockquote>
<p>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.</p>
<hr />
<p>For awareness, Shelter have a handy <a href="https://england.shelter.org.uk/housing_advice/eviction/free_legal_help_from_a_county_court_duty_scheme#:%7E:text=court%20duty%20scheme-,Free%20legal%20help%20from%20a%20court%20duty%20scheme,your%20income%20or%20financial%20situation." rel="nofollow noreferrer">&quot;<em>Free legal help from a court duty scheme</em>&quot;</a> guide, and there are a number of Housing Possession Court Duty Schemes <a href="https://www.gov.uk/government/publications/housing-possession-court-duty-schemes-hpcds" rel="nofollow noreferrer">(HPCDS)</a>, such as <a href="https://swllc.org/get-advice/housing/emergency-help-at-local-housing-courts/" rel="nofollow noreferrer">this from SWLLC</a>.</p>
