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McShane is Such a Shame! - Paul Stanton

24/11/16. On 28th June 2016, DJ Peake gave an (unreported) decision in the case of McShane v Lincoln, which may have wide ranging consequences. A self-employed agent, who was not a solicitor, represented the Claimant at the MoJ Stage 3 hearing-arguing that he was an "exempt person" performing a reserved legal activity under the Legal Services Act 2007.

The District Judge had to determine

  1. Whether the Stage 3 hearing was "in chambers" –The Judge found that it was a contested hearing, which finally disposed of the claim, and was very similar to a disposal hearing, and was, therefore, not in Chambers

  2. Was the advocate "assisting in the conduct of litigation" – the judge found that exercising the rights of audience is not "assisting in the conduct of litigation".

  3. Was the advocate assisting under instructions given by, and under the supervision of, an authorised person – DJ Peake held that supervision requires close involvement, and the required "closeness" was not present in a solicitor/agency relationship such as this...

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