RIGHTS OF AUDIENCE AT STAGE 3 HEARING

“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.”

Kerry Underwood

I am trekking in the Sahara Desert to raise money for the Lord’s Taverners’ cricket charity for disabled and disadvantaged children. If you find my blogs helpful how about making a donation? All donations go straight to the charity as the trekkers pay all of their own expenses. Please donate here.

This is all dealt with in my new book – Personal Injury Small Claims, Portals and Fixed Costs – which can be ordered here.

 

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…

View original post 1,551 more words

Advertisements
This entry was posted in World by truthaholics. Bookmark the permalink.

About truthaholics

| Exposing Truth Behind Media Spin. Truth is not gossip. It's not sensational or even exciting. Truth's reality, fact. Truth's shocking, sad, horrific, frightening and deadly. Controversial issues discussed here so only for those able to digest Truth.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s