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29 March 2024 / John Gould
Issue: 8065 / Categories: Features , Profession , Family
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In chambers: unqualified but unrestricted?

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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

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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
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