Can someone else represent you in court?

[tillymouse]

Thanks everyone, that's very reassuring. I'll be lurking ready to leap out at the postman tomorrow then!

[SusyQ]

Did you get anything tillymouse?

[karen654321]

any news tillymouse?

[tcw76]

looks like im in the same boat, I got the exact same letter this morning, Ive already been told that it could mean that a settlement is due. I wont be waiting with baited breath though. but you can but hope. so role on the postie.

[karen654321]

Good luck.. keep us updated.

 

karen

[tcw76]

And low and behold, a letter came through the letter box this morning. a letter from [problem]. offering me the full claim

 

off to the post office right now. Happy days

[karen654321]

congratulations.

[tillymouse]

Yes! You were right! The next day the settlement letter arrived for the full amount claimed! What a relief! My only concern now is that the settlement letter says I must arrange a review at my local branch. Should I arrange one and then just cancel it after they've paid the money?

 

Thank you so much to all those who haev guided me through this process.

[nicsussex]

You don't need to agree to any of their conditions - any that you are not happy with just cross out and send back

[BARTY]

Congratulations!! :D

Barty:)

[justwon]

There are many aspects to this issue, with variations in the different UK jurisdictions (i.e. England & Wales, Scotland, NI)

 

Obviously, the procedural rules concerning Small Claims Track provide for a much more laid back approach to those who can appear in such claims.

 

However, those who have a reasonably good understanding of law generally and who are also desirous of helping a friend or relative with litigation in England outside the Small Claims Track may wish to consider (with their friend/relative) the possibility of making applications to be granted rights of audience and rights to conduct litigation in relation to a specific case.

 

Sub-sections 27© and 28© of the Courts and Legal Services Act 1990 are the applicable statutes. I have copied the amended versions of sections 27 and 28 below.

 

Anyone can make applications for rights of audience/to conduct litigation pursuant to these statutory provision. However, these applications are meant to be the exception rather than the rule and should only be pursued by those with a reasonably good legal knowledge and ability. This approach shouldn't be taken half-heartedly.

 

It is also worth noting that case law indicates that applications of this nature are more likely to be granted to a person making such an application on the occasional basis to help a family member (or perhaps friend) out in litigation, rather than someone trying to use the legislation as a mechanism to facilitate an "unofficial advocacy service".

 

It would be highly advisable to fully research the relevant case law prior to contemplating an application for rights of audience and/or rights to conduct litigation.

 

COURTS AND LEGAL SERVICES ACT 1990 (c. 41)

 

PART II LEGAL SERVICES

RIGHTS OF AUDIENCE AND RIGHTS TO CONDUCT LITIGATION

 

s 27 Rights of audience (as amended on August 19, 2003)

 

(1) The question whether a person has a right of audience before a court, or in relation to any proceedings, shall be determined solely in accordance with the provisions of this Part.

(2) A person shall have a right of audience before a court in relation to any proceedings only in the following cases--

(a) where--

(i) he has a right of audience before that court in relation to those proceedings granted by the appropriate authorised body; and

(ii) that body's qualification regulations and rules of conduct have been approved for the purposes of this section, in relation to that right;

(b) where paragraph (a) does not apply but he has a right of audience before that court in relation to those proceedings granted by or under any enactment;

© where paragraph (a) does not apply but he has a right of audience granted by that court in relation to those proceedings;

(d) where he is a party to those proceedings and would have had a right of audience, in his capacity as such a party, if this Act had not been passed; or

(e) where--

(i) he is employed (whether wholly or in part), or is otherwise engaged, to assist in the conduct of litigation and is doing so under instructions given (either generally or in relation to the proceedings) by a qualified litigator; and

(ii) the proceedings are being heard in chambers in the High Court or a county court and are not reserved family proceedings.

(2A) Every person who exercises before any court a right of audience granted by an authorised body has--

(a) a duty to the court to act with independence in the interests of justice; and

(b) a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

(4) Nothing in this section affects the power of any court in any proceedings to refuse to hear a person (for reasons which apply to him as an individual) who would otherwise have a right of audience before the court in relation to those proceedings.

(5) Where a court refuses to hear a person as mentioned in subsection (4) it shall give its reasons for refusing.

(7) Where, immediately before the commencement of this section, no restriction was placed on the persons entitled to exercise any right of audience in relation to any particular court or in relation to particular proceedings, nothing in this section shall be taken to place any such restriction on any person.

(8) Where--

(a) immediately before the commencement of this section; or

(b) by virtue of any provision made by or under an enactment passed subsequently,

a court does not permit the appearance of advocates, or permits the appearance of advocates only with leave, no person shall have a right of audience before that court, in relation to any proceedings, solely by virtue of the provisions of this section.

(8A) But a court may not limit the right to appear before the court in any proceedings to only some of those who have the right by virtue of the provisions of this section.

(9) In this section--

"advocate", in relation to any proceedings, means any person exercising a right of audience as a representative of, or on behalf of, any party to the proceedings;

"authorised body" means--

(a) the General Council of the Bar;

(b) the Law Society; and

© any professional or other body which has been designated by Order in Council as an authorised body for the purposes of this section

;

"appropriate authorised body", in relation to any person claiming to be entitled to any right of audience by virtue of subsection (2)(a), means the authorised body--

(a) granting that right; and

(b) of which that person is a member

;

"family proceedings" has the same meaning as in the Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the Children Act 1989;

"qualification regulations", in relation to an authorised body, means regulations (however they may be described) as to the education and training which members of that body must receive in order to be entitled to, or to exercise, any right of audience granted by it;

"qualified litigator" means--

(i) any practising solicitor (that is, one who has a practising certificate in force or is employed wholly or mainly for the purpose of providing legal services to his employer);

(ii) any recognised body; and

(iii) any person who is exempt from the requirement to hold a practising certificate by virtue of section 88 of the Solicitors Act 1974 (saving for solicitors to public departments and the City of London);

"recognised body" means any body recognised under section 9 of the Administration of Justice Act 1985 (incorporated practices);

"reserved family proceedings" means such category of family proceedings as the Secretary of State may, after consulting the President of the Law Society and with the concurrence of the President of the Family Division, by order prescribe; and

"rules of conduct", in relation to an authorised body, means rules (however they may be described) as to the conduct required of members of that body in exercising any right of audience granted by it.

(10) Section 20 of the Solicitors Act 1974 (unqualified person not to act as a solicitor) section 22 of that Act (unqualified person not to prepare certain documents etc) and section 25 of that Act (costs where an unqualified person acts as a solicitor), shall not apply in relation to any act done in the exercise of a right of audience.

 

COURTS AND LEGAL SERVICES ACT 1990 (c. 41)

 

PART II LEGAL SERVICES

RIGHTS OF AUDIENCE AND RIGHTS TO CONDUCT LITIGATION

 

s 28 Rights to conduct litigation. (as amended on September 27, 1999)

 

(1) The question whether a person has a right to conduct litigation, or any category of litigation, shall be determined solely in accordance with the provisions of this Part.

(2) A person shall have a right to conduct litigation in relation to any proceedings only in the following cases--

(a) where--

(i) he has a right to conduct litigation in relation to those proceedings granted by the appropriate authorised body; and

(ii) that body's qualification regulations and rules of conduct have been approved for the purposes of this section, in relation to that right;

(b) where paragraph (a) does not apply but he has a right to conduct litigation in relation to those proceedings granted by or under any enactment;

© where paragraph (a) does not apply but he has a right to conduct litigation granted by that court in relation to those proceedings;

(d) where he is a party to those proceedings and would have had a right to conduct the litigation, in his capacity as such a party, if this Act had not been passed.

(2A) Every person who exercises before any court a right of audience granted by an authorised body has--

(a) a duty to the court to act with independence in the interests of justice; and

(b) a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

(4) Where, immediately before the commencement of this section, no restriction was placed on the persons entitled to exercise any right to conduct litigation in relation to a particular court, or in relation to particular proceedings, nothing in this section shall be taken to place any such restriction on any person.

(4A) A court may not limit the right to conduct litigation in relation to proceedings before the court to only some of those who have the right by virtue of the provisions of this section.

(5) In this section--

"authorised body" means --

(a) the Law Society;

(aa) the General Council of the Bar;

(ab) the Institute of Legal Executives; and

(b) any professional or other body which has been designated by Order in Council as an authorised body for the purposes of this section;

"appropriate authorised body", in relation to any person claiming to be entitled to any right to conduct litigation by virtue of subsection (2)(a), means the authorised body--

(a) granting that right; and

(b) of which that person is a member;

"qualification regulations", in relation to an authorised body, means regulations (however they may be described) as to the education and training which members of that body must receive in order to be entitled to, or to exercise, any right to conduct litigation granted by it; and

"rules of conduct", in relation to any authorised body, means rules (however they may be described) as to the conduct required of members of that body in exercising any right to conduct litigation granted by it.

 

(5A) Nothing in this section shall be taken to require the General Council of the Bar or the Institute of Legal Executives to grant a right to conduct litigation.

 

(6) Section 20 of the Solicitors Act 1974 (unqualified person not to act as a solicitor), section 22 of that Act (unqualified person not to prepare certain documents etc.) and section 25 of that Act (costs where unqualified person acts as a solicitor) shall not apply in relation to any act done in the exercise of a right to conduct litigation.

[means2anend]

The Courts and Legal Services Act section 11...'Representation in cetain couinty court cases'

 

and

 

Lay Representatives (Rights of Audience)Order 1999/1225.in.County Courts

[citizenB]

http://www.justice.gov.uk/protecting-the-vulnerable/official-solicitor/other-civil-proceedings/litigation-friend

[means2anend]

An excellent interpretation of the above legislation is given here by The Court of Appeal Civil Division ...The Lord of Appeal also put it in it's historical context purpose etc...''rights to conduct litigation and audience are also explained...

 

http://www.bailii.org/ew/cases/EWCA/Civ/2005/1507.html