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Discussion: Mazur v Charles Russell Speechlys LLP
Comments
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I don't like the way appeals are run. The appellant only has to win on one point which I always think skews results in favour of appellants if they have a good legal team.
I reckon some lawyers will overturn this because the lady is a LiP & I fear they'll walk all over her this time.
They only need to crack one point.
Watch this space though. Being one myself, I am on the side of the feisty Sussex woman!
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD5 -
Let's hope she has some evidence of the impact this is having in the real world - unqualified staff are now just signing documents as if the qualified person has formulated it, whereas they've never even set eyes on it.5
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Put the following, for example, to the SRA:DCB Legal’s parking claims formerly showed an unauthorised employee as signatory. Immediately after Mazur, claim forms now show Mr David John Croot (a solicitor). Given the firm’s very high volume, it appears implausible that Mr Croot is personally performing the reserved step of issuing each claim via MCOL and signing the statement of truth.
I reasonably suspect unauthorised staff are conducting litigation by submitting claims under his name. Please require the firm to evidence, for a sample of cases, (i) who actually submitted each MCOL claim (user IDs, audit logs), (ii) who applied the statement of truth, and (iii) the firm’s supervision and delegation arrangements.
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Coverage of the appeal hearing is here:
https://www.lawgazette.co.uk/news/mazur-monday-cilex-reveals-its-arguments-as-court-of-appeal-case-set-to-start/5125972.article
Day 1
https://www.lawgazette.co.uk/news/live-court-of-appeal-hears-submissions-in-crucial-mazur-case/5125969.article
Day 2
https://www.lawgazette.co.uk/news/live-court-of-appeal-hears-submissions-on-day-two-of-crucial-mazur-case/5126005.article
Day 3
https://www.lawgazette.co.uk/news/live-mazur-day-three-sra-submits-decision-should-stand-julia-mazur-addresses-court/5126016.article
Judgment has been reserved.
From the live reporting Ms Mazur and Mr Stuart made some very good arguments. I particularly liked Stuart's point:
'Parliament was on top of this when it drafted the act, saying the employee and employer had to be authorised’. That is not to say that tasks cannot be delegated, but the public need the protection that the LSA provides.'‘[Consumers] are getting as close to a guarantee as could possibly be provided by parliament,’ he adds. ‘What is the purpose of reserving an activity if even I can do it? It is crystal clear to me that both the employer and employee should be authorised and that gives me confidence that the system is going to work the way it should.’
Always remember to abide by Space Corps Directive 39436175880932/B:
'All nations attending the conference are only allocated one parking space.'
Genuine, Free and Independent 247 Advice: 247advice.uk "The Gold Standard for advice on parking matters."7 -
Well it doesn't sound like they were walked all over! Very interesting.
🙂
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Judgment has been reserved.
Why and until when?
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They didn't give a date or a reason AFAIK. We will just have to wait and see.
Always remember to abide by Space Corps Directive 39436175880932/B:
'All nations attending the conference are only allocated one parking space.'
Genuine, Free and Independent 247 Advice: 247advice.uk "The Gold Standard for advice on parking matters."2 -
Normal in appeal cases
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Understood but is a judgment ever given?
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yes it will be
i would say maybe 6 to 8 weeks
2
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