Do I have a case or shall I just pay it? Galdstone letter

hopsfield

So how do I ask about this?
"excuse me who are you? Can you identify yourself?"
it might sound funny but I got no idea how to ask? do I ask the judge or the claimant?

Apart from that all set... got no finger nails left ...

Coupon-mad

You might say to the Judge:

I have a preliminary matter to raise, Sir (or Madam), if I may, and it is relevant to the proceedings at this stage before we start.

I am aware that parking firms and the solicitors conducting these roboclaims have been sending unrelated solicitors' agents without a Right of Audience. As shown in this Law Gazette article, if I may pass this to you and ask that the Court please checks the Right of Audience of this claimant's representative.'

If the Judge's eyes light up and they seize on that, great, and if the rep is adjudged not to have Right of Audience, ask then that the claim is struck out since the claimant has failed to attend.

If the Judge sighs and will not play ball, try asking the rep direct and putting them on the spot 'please explain your Right of Audience' and be ready, in case they say 'I'm from LPC Law and we have conduct of the case' (well no they don't, Gladstones does). Even a bored Judge might then spot the problem when faced with it and that article and the 2 cases the Prankster refers to.

You can but try. Be assertive but honest as a witness, treat it like a job interview! Move on to the next issue at a decent pace and breathe!

DoaM

Unrelated or Unregulated? (I presume you're right, but I had to read it a few times to understand what you meant).

The_Deep

Unregulated surely, one can sue a firm of solicitors, not sure about their hired gun.

Polmop

Hope all goes well today

Loadsofchildren123

Too late for hopsfield, but I've been thinking about this in light of the posts. C-M's advice about what to do on the day is bang on.


But personally I'm finding these regulations hard to understand.


A solicitor-agent employed by a firm is regulated. It is perfectly proper for one firm of solicitors (eg Gladstones) to use an agent from another firm of solicitors (eg Wright Crooks). The usual reason for this is where the firm on the record is far away and the travel costs can't be justified. I have both acted as, and used, agents in this way, for this reason. It's perfectly legitimate.


What I'm not sure about is why that agent, who is regulated, wouldn't have rights of audience. I will have to read and re-read the regulations/articles and the case. It may well be that using an agent is fine, but they can only go along and take a note/sit behind Counsel, they don't actually have their own rights of audience because they are not "exempt" under the regulations, not having day to day conduct of the case. I think whenever I went as agent or used an agent Counsel was going as well and the role of the agent was to make a proper note (and in those days you rarely sent Counsel without a solicitor, as is more common these days to save costs).


The examples I've read where rights of audience were refused seem to be self employed Counsel, who are not part of any chambers, being instructed. I think these are unregulated and therefore not allowed.


What I'm not clear on is why a regulated solicitor wouldn't have such rights. It may simply be that they are allowed to attend, but can't present the case - eg they can go along with Counsel, but can't speak because they are an agent and not involved in the day to day conduct of the case.


I'll have a good read of this and a good think and come back to you all. Any thoughts from anyone else? This is an important issue and we need to get it right for people going to court.

DoaM

It's something to do about supervision, unless the legal rep attending court has certain qualifications (e.g. Barrister, part of a chambers, etc).

Search Pranky's blog for Audience and there's one or more blogs that explain it quite well.

Loadsofchildren123

How did it go hopsfield?

hopsfield

Morning,
Apologies for late reply but had really busy day.
Anyway you won't believe this but when I got to court I couldnt see my name anywhere on the board.
At the same time I received a voicemail from the court - they (court) got the dates wrong and its APRIL not FEB my case is on!
what a mess!
So i have to go again at the end of April. Even thou my letter says 24th of Feb!
Can I claim cost for this?

The_Deep

Can I claim cost for this?


Of course you can, it is their mistake.