header-logo header-logo

Rights of audience clampdown

31 May 2016
Issue: 7701 / Categories: Legal News
printer mail-detail

Costs lawyers have backed calls by the Bar Council for a clampdown against unregulated and unqualified persons appearing at hearings.

The Bar complained about a surge in the number of people without rights of audience appearing at hearings as solicitor’s agents. They are usually unregistered barristers and are being used to conduct advocacy in open court at stage 3 quantum-only hearings under various personal injury pre-action protocols.

Association of Costs Lawyers chairman Iain Stark says: “Before Costs Lawyers, the courts utilised the legal myth of a so-called solicitor’s agent, notwithstanding that arguably these individuals had no rights of audience.

“But the law and the profession have been modernised in recent years, and it is clear that there is a push towards the need to be a practising lawyer with independent rights of audience to appear in open court. Having worked so hard to get where we are, some members will find it disappointing that the courts have not recognised this change and urge the Ministry of Justice to take action to ensure the integrity of the advocacy regime.”

Earlier this year, the Bar Council and Personal Injuries Bar Association wrote to the Civil Procedure Rule Committee (CPRC) with their concerns. They said the exemption in the Legal Services Act 2007 from needing rights of audience was plainly drafted to confine it “to hearings which are held in private”—the Act uses the out-dated phrase “in chambers”.

Minutes from the CPRC’s February meeting said it passed the issue on to the government because it was not the committee’s function to interpret the 2007 Act to resolve legal ambiguity.

Issue: 7701 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll