header-logo header-logo

In chambers: unqualified but unrestricted?

29 March 2024 / John Gould
Issue: 8065 / Categories: Features , Profession , Family
printer mail-detail
166015
When proceedings take place ‘in chambers’, who has the legal right of audience? This seemingly simple question lacks a clear-cut answer, explains John Gould
  • The practice of unqualified representatives attending hearings in chambers is long established and ubiquitous. But is it right that a trainee solicitor can be the advocate in, for example, childcare proceedings in the Family Court just because the hearing is ‘in chambers’?
  • The principles governing this question are complex, and are based on the meaning of ‘in chambers’ and ‘reserved family proceedings’.

Solicitors’ unqualified employees, such as trainees and caseworkers, have customarily appeared before judges in hearings which are listed as being ‘in chambers’, even though they do not actually have a legal right of audience. Is it right that a trainee solicitor can be the advocate in, for example, childcare proceedings in the Family Court just because the hearing is ‘in chambers’?

It might be thought that who has a right to be heard by a court would be a simple question with an easy answer based

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

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
back-to-top-scroll