Did we ever resolve the query over whether it still has to be the (non-higher rights) advocate who appeared at the Magistrates’ Court hearing when the case was committed who alone has rights of audience?

 

Abigail Pavitt
Solicitor
Quality Solicitors Amplett Lissimore

Tel: 020 7703 9222
Email: Abigail.Pavitt@hartnells.com

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Amphlett Lissimore Bagshaws LLP - a limited liability partnership no. OC356781 registered in England and Wales.  Registered office: Greystoke House, 80-86 Westow Street, London SE19 3AF.  Regulated by the Solicitors Regulation Authority


 

 

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Jenny Wiltshire
Sent: 16 May 2018 14:38
To: Jonathan Black <jonathanb@bsbsolicitors.co.uk>
Cc: richard Atkins <richardatkinskl@btinternet.com>; David Holmes <David@daltonholmesgray.co.uk>; members@mail.lccsa.org.uk
Subject: Re: committal for sentence 22/05/18

 

Ok - on reflection I think we are obliged under our contracts to do these - subject to a date when a suitably experienced solicitor can attend. Small firms may not have availability on the fixed date but the list office will have to accommodate given we don’t have the ability to go to the bar?

 

J

Sent from my iPhone


On 16 May 2018, at 14:26, Jonathan Black <jonathanb@bsbsolicitors.co.uk> wrote:

Also given that the fee has increased ( slightly ) for these hearings , does that delegitimise any protest against them in respect of CFS hearings  ? 

 

I wold say it’s a difficult one because given the new early plea /credit regime , £150 is still a paltry fee given the work involved in some very serious and often complex sentencing exercises 

Jonathan Black 

(Partner ) 

BSB Solicitors 

3 Gower Street 

WC1X 6HA 

 

0207 837 3456

 

 

 

@jonblackbsb

 


On 16 May 2018, at 13:02, richard Atkins (via members list) <members@mail.lccsa.org.uk> wrote:

For what is worth I and the firms I work for take the view that as solicitors have always had rights of audience for Crown Court it has always been a choice whether to instruct counsel or not. Availability being the major issue.

 

As such I don’t believe it does offend the strike action.

 

What would have happened if the MC had said it was within their powers to sentence?

 

I can see a possible issue with Indictable Only offences but not Either Way matters. I’d be interested to hear on this point

 

Richard Atkins

 

 

 

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of David Holmes
Sent: 16 May 2018 11:33
To: 'members@mail.lccsa.org.uk' <members@mail.lccsa.org.uk>
Subject: committal for sentence 22/05/18

 

Dear all

 

We have a committal for sentence hearing coming up at Inner London Crown Court on 22/05/18, post 01/04/18 rep order. In light of the barristers’ strike, what’s the current view on committal for sentence hearings? Are firms taking the view we are obliged to cover these, in house, bearing in mind an HCA is not required, and that we should look for a solicitor agent if we can’t cover in house, or is covering such hearings seen as strike breaking?

 

David Holmes

Dalton Holmes Gray

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Amphlett Lissimore Bagshaws LLP - a limited liability partnership no. OC356781 registered in England and Wales.
Registered office: Greystoke House, 80-86 Westow Street, London SE19 3AF
Regulated by the Solicitors Regulation Authority