“A worrying decision that comes very close to saying that anyone who needs representation can choose anyone and does not need to have a lawyer.
This representative has ignored costs orders against him and thus can represent people in court but treat court orders that he does not like with impunity.
Thus this person is allowed to appear in a High Court trial but a solicitor’s agent is not allowed to appear at a stage 3 hearing.
I remain of the view that it is a criminal offence to appear in court as an unqualified representative, except in certain circumstances, and that was the view of the judge in the case of McShane v Lincoln, considered above. Those circumstances include applications in chambers and matters in the Small Claims Court.
On what basis has any judge the power to overrule the criminal law?
My view is that a judge who does so is potentially guilty of the criminal offence of aiding and abetting an offence under section 14 of the Legal Services Act 2007.”
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In McShane v Lincoln, Birkenhead County Court, case number B11B1440 – 28 June 2016
the District Judge held that a stage 3 hearing in the portal process required a qualified solicitor or barrister or CILEX fellow to appear and that no one else had rights of audience.
Section 12(1) of the Legal Services Act 2007 designates certain activities as “reserved legal activities” including the exercise of a right of audience and the conduct…
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