header-logo header-logo

Advising your grandmother

29 November 2018 / Peter Thompson KC
Issue: 7819 / Categories: Opinion , Legal services
printer mail-detail

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll