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PE lose in court..again

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  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ... AIUI there is no such thing as a solicitor-advocate ....
    That's not quite right, any solicitor who also has the Higher Rights of Audience qualification, can call themselves a Solicitor Advocate. With this qualification, they can represent clients in County Courts and the High Court. A small number of the people LPC use, have this.

    However, most of the LPC freelancers don't have anywhere near this level of qualification, and if they are not qualified solicitors or barristers, and are not actually employed by LPC, their right of audience can be challenged.

    As is always the way in the lottery of small claims, some Judges will consider it important, and others won't.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Computersaysno
    Computersaysno Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    BP


    Thanks for that correction.

    Yes most of the LPC advocates seem to be people who have the degree etc but can't get training places/pupillage? to finish off their qualifications and are freelancing whilst trying to improve their lot....so it's highly unlikely that any of them would have the right of audience....which is great news for us!!!
  • bargepole wrote: »
    That's not quite right, any solicitor who also has the Higher Rights of Audience qualification, can call themselves a Solicitor Advocate. With this qualification, they can represent clients in County Courts and the High Court. A small number of the people LPC use, have this.

    However, most of the LPC freelancers don't have anywhere near this level of qualification, and if they are not qualified solicitors or barristers, and are not actually employed by LPC, their right of audience can be challenged.

    As is always the way in the lottery of small claims, some Judges will consider it important, and others won't.

    Indeed solicitor Advocates have the right of Audience in the crown court, thats why a lot of them conduct bail hearings in the crown court
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Ivor_Pecheque
    Ivor_Pecheque Posts: 745 Forumite
    500 Posts
    I think the guy who get's our local footballers off the hook when they're legging it along in their Ferrari, is a solicitor advocate (?Loophole Nik).
    Illegitimi non carborundum:)
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think the guy who get's our local footballers off the hook when they're allegedly legging it along in their Ferrari, is a solicitor advocate (?Loophole Nik).
    Corrected that for you, to save you getting a writ from Nick Freeman, aka Mr Loophole (TM)

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Ivor_Pecheque
    Ivor_Pecheque Posts: 745 Forumite
    500 Posts
    Thanks for that Mr b, perhaps I should choose my word more wisely :-)
    Illegitimi non carborundum:)
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