Excel/BW Legal - Defendant is not RK

Loadsofchildren123

Leigh cannot be an excellent highly experienced solicitor. In the last week he has served 2 statements in his name which have brackets in them where he meant to insert information. He is incompetent like the rest of them.

Jonersh I think you are wrong on RoA.
A solicitor can be qualified and employed (and therefore regulated) but if they are from a different firm to the one instructed by the C then they do not have conduct of the litigation and therefore have no ROA.
Solicitor agents can go to court to take notes or attend with counsel but cannot address the court. So if BWL send a solicitor from X and Co they don't have day to day conduct, neither are they supervised by someone who does and so have no ROA. This is my reading of the legislation and the blogs.
Very happy for you to correct me but this is my understanding.

The_Deep

Leigh cannot be an excellent highly experienced solicitor.

Indeed, according too the blurb, he has only recently qualified. Although he could be an excellent inexperienced solicitor.


If he is such a hot shot, he must hate working for such low rent ambulance chasers

henrik777

Johnersh wrote: »

Said it once, I'll say it again. A fully qualified solicitor like a fully qualified barrister provides permitted legal services and will always have county court rights of audience.

The often referred to provisions of the LSA are exemptions for agents that do not have full rights of audience. They require supervision etc. Solicitors geographically close to courts commonly work as 'local agents' for other firms further afield. The two should not be confused...

If our chum chooses to send an unsupervised and unqualified 'advocate' that is his look out. Feel free to challenge them: I'm sure you will

Loadsofchildren123 wrote: »

Jonersh I think you are wrong on RoA.
A solicitor can be qualified and employed (and therefore regulated) but if they are from a different firm to the one instructed by the C then they do not have conduct of the litigation and therefore have no ROA.
Solicitor agents can go to court to take notes or attend with counsel but cannot address the court. So if BWL send a solicitor from X and Co they don't have day to day conduct, neither are they supervised by someone who does and so have no ROA. This is my reading of the legislation and the blogs.
Very happy for you to correct me but this is my understanding.

I'm with Johnersh on this one.

[Deleted User]

Hi @loadsofchildren123 just for clarification I thought I ought to come back with chapter n verse.

what you have missed is that sch.3 of the Legal Services Act 2007 only applies to "exempt persons" - it is the exception to the rule that allows, for example, Solicitors are authorised persons entitled to rights of audience. See section 18 and the SRA handbook, regulation 2.

As I say, by all means ask an unqualified/unregistered person, but a solicitor will have a right of audience in County Court.

Thanks.

Matthew87

Judgement day tomorrow... any last minute tips? Haha

Lamilad

Matthew87 wrote: »

Judgement day tomorrow... any last minute tips? Haha

Yes, break a leg!

You have every reason to be confident. You have done your research and you are well prepared. I know you are well armed to challenge non-attendance and RoA so I think the claimant and their rep are in for a rough ride today.

Good luck! Update us whatever happens.

Matthew87

Miss Devans-Tamasomethingorother has checked in as solicitors agent...

Matthew87

Just had a quick chat with her. I played the swimming teacher who didn't have a clue. She stated she was a barrister, albeit unregistered. So blam... wapped out the preliminary matters etc, and said I'd be raising it with the judge (beforehand via the usher).

Then before she could reply, she got called in for another case.

To be fair, she was very nice and helped settle my nerves.

Will keep you posted

Lamilad

what's her full name? Check the sign in register or ask the clerk

Have you passed the docs to the usher to give to the judge? This needs to be done before you go in.

Matthew87

Miss Devans-Tamakloe.

Passed to the user, she'll give it to DJ Hassall once the current case (Excel v Dowie?) is finished.