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
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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
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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".
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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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