For what it is worth, my thoughts:

Don't most if not all litigators have prior commitments elsewhere? Magistrates' cases, police station attendances, file reviews to undertake, general administrative work and management roles. Sorry but I just don't see how time can now be made available to pop out to various crown courts across the country. Does Reading think one solicitor is only going to be dealing with one or two cases in Reading, what about the other three of four in courts in other areas? Is that same litigator expected to be in Reading, Oxford, Isleworth and Guildford on the same day?

Furthermore, the LGFS does not account for any payments to attend Court. The LGFS fee structure was calculated on the basis of work when firms had to apply for a litigant in support certificate and so there is no financial element within the LGFS to fund attendance at the Crown Court. A lot of judges do not appreciated that. They still think the LGFS somehow provides a funding element for litigators to sit behind the instructed advocate. At most it may incorporate a swings and roundabouts attendance at trial for complicated cases with a number of defence witnesses and so would only really account for the defence case at trial anyway.

I would have thought that reference to the Law Society guidance and your obligations to ensure compliance with the 14 hour rule means you can't attend no matter how much you would like to be there for your client(s).

I certainly wouldn't be attending and as I work in a dual capacity, I have full rights of audience.

A well worded email to the court (uploaded to the DCS) thanking them for the invitation to attend but apologising for not being able to do so, with some brief explanation along the lines of this email, should suffice. If there is a case to answer and it's a NG plea, then arraignment can take place and a timetable set. Witness requirements can be dealt with at Stage 2, if counsel/HCA is instructed at that time. If it is dismissal, then again a timetable can be set.

As for guilty pleas, then an adjournment will be necessary as a fully briefed HCA/Counsel will be needed to mitigate.

Good luck.

Philip

PHILIP KAZANTZIS

IMPORTANT
This message is intended solely for the use of the individual or organisation to whom it is addressed. It may contain privileged or confidential information. If you have received this message in error, please notify the originator immediately. If you are not the intended recipient, you should not use, copy, alter, or disclose the contents of this message. All information or opinions expressed in this message and/or any attachments may be those of the author. No responsibility is accepted for loss or damage arising from its use, including damage from any virus.

On 27 April 2018 at 18:13, Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk> wrote:

Richard

I agree with all of this.

Jenny

Sent from my iPhone

On 27 Apr 2018, at 18:09, richard Atkins <richardatkinskl@btinternet.com> wrote:

Afraid so.

Any Judge can order any solicitor on record to attend (that can beg a question or two) because we are officers of the court.

The LCCSA and LS ought to be giving us advise on how to respond to such a request to attend as described below. Reading CC will not be the only Court doing this.

We need an official line of response (including some representation to the Ministry of Injustice an Senior Judiciary) and a few brave souls to be the first to put this before the first court(s) to issue an invitation.

Richard Atkins

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Jenny Wiltshire
Sent: 27 April 2018 17:19
To: Melanie Krudy <m.krudy@gtstewart.co.uk>
Cc: Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: Re: Email received from Reading CC RE strike action

Not sure I agree. If they will not deal administratively and you are in record then you shouldn’t you attend?

They can invite a solicitor without rights of audience into the witness box to give evidence as to the lack of an advocate.

Doesn’t a Judge have an inherent jurisdiction to ask for a solicitor rep to attend? I’ve had it when they are CPS failures and no one from the CPS. There may be wasted costs implications....

Jenny

Sent from my iPhone

On 27 Apr 2018, at 14:36, Melanie Krudy <m.krudy@gtstewart.co.uk> wrote:

I don’t think the court has any power to order solicitors to attend court

Melanie Krudy
Director and Higher Court Advocate
GT Stewart Solicitors & Advocates
2a Melbourne Grove
East Dulwich
London
SE22 8PL

DX 32154 East Dulwich

'020 8299 6000
7 020 8299 6009
y m.krudy@gtstewart.co.uk

<image614e1c.JPG>  <imaged5c6a0.JPG> <image238f24.JPG> <imagec7d294.JPG>

Please consider the environment before printing this email message.

GT Stewart Ltd. trading as GT Stewart Solicitors & Advocates

Registered office: 2a Melbourne Grove, East Dulwich, London, SE22 8PL          Registered no. 07529550

Authorised and regulated by the Solicitors Regulation Authority no.633578          VAT no.248707088

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you receive this email in error please contact GT Stewart Ltd. Opinions expressed in this email are not necessarily those of GT Stewart Ltd. GT Stewart Ltd takes no responsibility for electronic data provided for use by other parties. Anyone using such data must make their own checks for viruses or hazardous contents. Any user is responsible for ensuring that no copyrights are infringed and in this regard uses the material at their own risk.

Please note all accounts queries should be directed to accounts@gtstewart.co.uk The head office for non casework enquiries is Southwark Head Office.

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Waterfords Solicitors
Sent: 27 April 2018 14:25
To: members@mail.lccsa.org.uk
Subject: Email received from Reading CC RE strike action

Dear All

Please be aware that Reading Crown Court will not be adjourning any cases where you are not able to instruct Counsel due to the Strike Action.

If you are not able to provide Counsel for a hearing due to the Strike please notify the Court via the listing mailbox.

If you are not able to instruct Counsel then a Solicitor from the firm with legal aid must attend.

More guidance on this issue will be sent out on Monday.

Kind Regards

Laura Bradley

Listing Delivery Manager

HMCTS, Reading Crown Court, Reading, RG1 3EH

Tel: 0118 967 4400

Web:www.gov.uk/hmcts

Kind regards.

Waterfords Solicitors

Email: info@waterfordssolicitors.com | T: 020 8568 6464   | F: 020 8568 3232 | 80 High Street, Brentford, TW8 8AE | DX 90360 Brentford | W: www.waterfordssolicitors.com

<image001.png>

Authorised & Regulated by the Solicitor’s Regulation Authority – SRA: 208170

__________________________________________________________________________________________

CONFIDENTIALITY: This email (and any attachments) is confidential and is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. The material may also be the subject of copyright protection. If you are not the name recipient, please notify the sender immediately and delete the message from your computer. Do not disclose the contents to another person, use it for any purpose, or store or copy the information in any medium. Disclosure to anyone other than the name recipient, whether inadvertent or otherwise is not intended to waive privilege or confidentiality. If this message is encrypted only the named recipient is authorised to decrypt the message. Unauthorised decryption is prohibited and may be unlawful. Unauthorised decryption will not waive privilege or confidentiality. Waterfords Solicitors may monitor email communications originating from and entering its email system to ensure compliance with quality standards.

DISCLAIMER: Internet communications are not secure. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. Waterfords Solicitors do not accept responsibility for any changes made to this message after it was sent. We cannot accept any liability for any loss or damage sustained as a result of software viruses. Service of proceedings and documents is not accepted by e-mail.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.