Who has a right of audience at a Stage 3 hearing? This issue has been considered in the county court and I am grateful to barrister Jonathan Dingle for sending me a copy of the decision of District Judge Peake in McShane -v- Lincoln (Birkenhead County Court 28th June 2016). click-here-to-see-case
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“WAS THE SOLICITOR’S AGENT SUPERVISED BY AN AUTHORISED LITIGATOR?
The judge held:
Supervision must be distinguished from mere instruction. It involves close involvement such as a legal executive who has conduct of the case under the supervision of a principal solicitor.
There was no such relationship in existence between a solicitor’s agent and his agency or the solicitor who has instructed the agency.
The statute required that the supervision must be provided by the individual who is giving instructions. Any supervision by the manager of the agency would not suffice since they are not the same individual as the solicitor who is providing the instructions.”