From a colleague who was at Harrow conducting a Chambers application today

HHJ Dean, resident at Harrow, mooted today the possibility of checking if a client in custody had had a conference at the Scrubs and thereafter assuming they had been fully advised on the evidence such that the court could procced to PTPH which affects credit etc. I pointed out the real difficulties with this approach including the fact of a visit being very far removed from the court being sure a client had been fully advised due to curtailed visits in light of chaos involved in getting into to see a client, lack of papers and all the other reason you will be able to cite.

Judge seem to concede this but spoke then of her preference to have defendants produced in the cells and then the solicitor to attend so that we can take instructions, advise on credit and complete the PTPH form allowing for an effective PTPH without representation in some cases…

Raj Chada | Partner | For Hodge Jones & Allen LLP
____________________________________________________

From: LYNTON ORRETT [mailto:lynton.orrett@gmail.com]
Sent: 02 May 2018 11:28
To: Raj Chada <RChada@hja.net>
Cc: Mark Troman <MarkTroman@psplaw.co.uk>; Tony Marshall <tony@alexander-johnson.co.uk>; Leanne Ballato <lb@oraclesolicitors.co.uk>; philip@kazantzis.co.uk; Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>; richard Atkins <richardatkinskl@btinternet.com>; Melanie Krudy <m.krudy@gtstewart.co.uk>; Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: Re: Email received from Reading CC RE strike action

I'm in court at Harrow for a sentence.

2 PCMH's have been effective with trial date being set. 1 arraigned, 1 not. HHJ not setting any interim hearing dates on the basis that the parties can get it listed if needed. Neither defendant was represented by a qualified advocate. Heard about a PCMH that took place in another court, represented by HCA.

On Wed, 2 May 2018, 09:17 Raj Chada, <RChada@hja.net> wrote:

Even when Judges have been sympathetic, from our experience so far, PTPHs are being dealt with in advocate’s absence, with stage dates and trial being set, with arraignment being adjourned for 4 weeks.

They are leaving open the issue as to whether credit can be preserved.

If client is in custody (and we have not sent any solicitor which is our current default position, unless client is particularly vulnerable), then PTPH is being dealt with as above. If bail is an issue, then that is being adjourned to later in the week for such an application to be heard in chambers …and judge saying that any solicitor can cover

In short term, there has not been huge amounts of disruption in court, although the pressure on listings……

R

Raj Chada | Partner | For Hodge Jones & Allen LLP
____________________________________________________

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Mark Troman
Sent: 02 May 2018 08:35
To: Tony Marshall <tony@alexander-johnson.co.uk>; Leanne Ballato <lb@oraclesolicitors.co.uk>
Cc: philip@kazantzis.co.uk; Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>; richard Atkins <richardatkinskl@btinternet.com>; Melanie Krudy <m.krudy@gtstewart.co.uk>; Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: RE: Email received from Reading CC RE strike action

I’m not sure that is correct, it would be better to ask they put that in writing.

TLS have only hinted that we should consider not taking on matters knowing we cannot provide an advocate in the Crown Court.

So if you have no HCAs or a policy not to use them they would suggest not acting in IO matters or very serious EW matters… or use the PDS.

Of course at some point the PDS will become unavailable due to overbooking, you would think..?

I have looked at the 2017 contract Specification. There are no obligations on contract holders to perform Higher Court Advocacy in-house that I can see. There are plenty of KPIs but nothing on this element that I know if.

The relevant passages being at 10.143 (p 114) and the only clause to directly relate to instruction of advocates is 10.150:

10.150 If you instruct Counsel or in-house advocate, you must do so in accordance with the Criminal Remuneration Regulations and we may require you to appoint only such persons who possess such experience, qualifications, or membership of such panel, or hold such accreditation as we may specify.

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Tony Marshall
Sent: 01 May 2018 22:01
To: Leanne Ballato <lb@oraclesolicitors.co.uk>
Cc: philip@kazantzis.co.uk; Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>; richard Atkins <richardatkinskl@btinternet.com>; Melanie Krudy <m.krudy@gtstewart.co.uk>; Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: Re: Email received from Reading CC RE strike action

I spoke to The LS today and was told that the advice I referred to earlier regarding The Law Society’s advice on solicitor advocates not being obliged to accept work where Counsel is unavailable relates to the position prior to LA being granted. Once LA has been granted it looks like in-house HCA’s are obliged to cover any hearings where they are available, competent and the firm has been granted a Rep Order.

This, in my view, is where we have difficulties as for many hearings in-house HCA ‘s are under a duty to help out and cover appropriate hearings and progressing cases thus undermining (albeit reluctantly) the overall action.

It seems the area where disruption will be effective is in serious trials where many HCA’s are not experienced/sufficiently competent to undertake the trial.

I hope I m wrong in this assessment!

Tony Marshall

Solicitor

Alexander Johnson

Sent from my iPhone

On 1 May 2018, at 21:42, Leanne Ballato <lb@oraclesolicitors.co.uk> wrote:

Good evening everyone,

Unfortunately the person was represented by a HCA which was disappointing to see so the hearing went ahead…….

Regards,

Leanne Ballato

Solicitor Advocate

Head of Criminal Department

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From: Tony Marshall [mailto:tony@alexander-johnson.co.uk]
Sent: 01 May 2018 12:32
To: Leanne Ballato <lb@oraclesolicitors.co.uk>; philip@kazantzis.co.uk
Cc: Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>; richard Atkins <richardatkinskl@btinternet.com>; Melanie Krudy <m.krudy@gtstewart.co.uk>; Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: RE: Email received from Reading CC RE strike action

Leanne I am curious as to what happened yesterday at Snaresbrook CC before HHJ Canavan. Any update?

Tony Marshall

Alexander Johnson Solicitors

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From: Leanne Ballato <lb@oraclesolicitors.co.uk>
Sent: 29 April 2018 15:40
To: Tony Marshall <tony@alexander-johnson.co.uk>; philip@kazantzis.co.uk
Cc: Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>; richard Atkins <richardatkinskl@btinternet.com>; Melanie Krudy <m.krudy@gtstewart.co.uk>; Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: RE: Email received from Reading CC RE strike action

Hi everyone

I mentioned 2 weeks ago that my multi handed matter at Snaresbrook had one defendant who was unrepresented due to a post 1^st April LA. All other defendant’s have pre 1^st April certificates.

Its listed for Mention tomorrow in HHJ Canavan’s court so I can report how the court deals with the matter. She gave quite strong advice on the last occasion stating either

His solicitor attends court to explain to the court what their position is or
The defendant attends with new solicitors who have in house HCA’s and who are willing to represent him

The matter was adjourned for 2 weeks, so it’s up again tomorrow.

I will let you know what happens…..

Regards,

Leanne Ballato

Solicitor Advocate

Head of Criminal Department

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T: 020 3051 5060

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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Tony Marshall
Sent: 29 April 2018 13:59
To: philip@kazantzis.co.uk
Cc: Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>; richard Atkins <richardatkinskl@btinternet.com>; Melanie Krudy <m.krudy@gtstewart.co.uk>; Waterfords Solicitors <info@waterfordssolicitors.com>; members@mail.lccsa.org.uk
Subject: Re: Email received from Reading CC RE strike action

Some very good points Philip.

My view as an HCA is that I am not prepared to do Advocacy in the CC under the new regime and I will not attend Court to advocate under a certificate for a Litigator. Of course you re right that we have lots of other commitments under our contract with the LAA which does not include being an unpaid Advocate at the CC.

I appreciate that we have a duty to our clients but that is fulfilled by doing all we can as a Litigator. I will not be forced in to being an unpaid Advocate to replace “striking” Counsel/HCA s and defeat the whole object of the action.

Tony Marshall

Solicitor

Alexander Johnson

Sent from my iPhone

On 29 Apr 2018, at 11:52, Philip Kazantzis <philip@kazantzis.co.uk> wrote:

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

Email philip@kazantzis.co.uk | Secure Email philip.kazantzis@kazantzis.cjsm.net
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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
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East Dulwich
London
SE22 8PL

DX 32154 East Dulwich

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

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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

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