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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll