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MOJ Stage three hearings and unqualified advocates

MOJ Stage three hearings and unqualified advocates

Postby Rubber ducky » Fri Oct 16, 2015 10:44 pm

I know that the Legal Services Act 2007 allows unqualified people to be exempt from requiring rights of audience if they meet certain criteria.

One of those is that the hearing is in chambers. I take this to mean 'not open court' rather than the physical room in which the hearing takes place.

Is my interpretation correct? If so how do people get away with sending unqualified chimps from agencies (no names) to do Stage 3 hearings which are clearly open court?
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Re: MOJ Stage three hearings and unqualified advocates

Postby Smouldering Stoat » Sat Oct 17, 2015 8:08 am

A company may be represented by an employee: see CPR 39.6.
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Re: MOJ Stage three hearings and unqualified advocates

Postby dls » Sat Oct 17, 2015 6:45 pm

One of those is that the hearing is in chambers. I take this to mean 'not open court' rather than the physical room in which the hearing takes place.


Correct
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Re: MOJ Stage three hearings and unqualified advocates

Postby Rubber ducky » Mon Oct 19, 2015 8:02 pm

Smouldering Stoat wrote:A company may be represented by an employee: see CPR 39.6.

A company can't have a claim in the MOJ portal. I'm talking about solicitors who instruct agencies to send unqualified advocates rather than authorised people. If the hearing is in chambers they are permitted to do so. My point is that I don't think Stage 3 assessments of damages are done in chambers and therefore the unqualified agent can't do the work but they routinely do.
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Re: MOJ Stage three hearings and unqualified advocates

Postby Rubber ducky » Mon Oct 19, 2015 8:03 pm

dls wrote:
One of those is that the hearing is in chambers. I take this to mean 'not open court' rather than the physical room in which the hearing takes place.


Correct


Thanks. :D
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Re: MOJ Stage three hearings and unqualified advocates

Postby atticus » Tue Oct 20, 2015 12:36 pm

I have looked up this "Stage Three" procedure. I see that it is to do with " LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS AND LOW VALUE PERSONAL INJURY (EMPLOYERS’ LIABILITY AND PUBLIC LIABILITY) CLAIMS" (sorry about capitals, I cut and pasted from the title to PD8B) https://www.justice.gov.uk/courts/proce ... rt08b#11.1

I note that this is a procedure for *low value* claims. The Courts have shown a willingness to be very flexible, and the Small Claims Track may be something of an analogy.

I also observe that the language that people use sometimes betrays their prejudices.
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