header-logo header-logo

29 November 2018 / Peter Thompson KC
Issue: 7819 / Categories: Opinion , Legal services
printer mail-detail

Advising your grandmother

Peter Thompson QC reports from the front line on the challenges of litigating by proxy

A recent issue of NLJ columnist Stephen Gold’s highly readable ‘Civil way’ included a reference to a little-known decision in the Birmingham County Court: Kassam v Gill and Another [2018] Lexis Citation 96, Case No E3PP8048 (see ‘Civil way’, NLJ 2 November 2018, p17). In this case a landlord’s agent was found to have engaged in a ‘reserved legal activity’, contrary to s 14 of the Legal Services Act 2007, by conducting a possession claim that the client had signed for as a litigant in person.

What caught my eye was the argument of the agent’s counsel that his client’s conduct was no different from people who give legal advice and assistance to their grandmother. She might need help in issuing a claim against a recalcitrant lodger or in defending an unjustified service charge and a legally trained relative might come to her rescue out of grandfilial loyalty, without necessarily holding a practice certificate.

Statutory restrictions

This hypothetical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll