Direct access barrister rules

[charitynjw]

A barrister is conducting litigation 'on behalf of' a company.
It's not clear atm whether the barrister is an employee of the company, or whether he has been engaged as an independant representative.
From my reading of the Bar Standards Code of Practice (CoP), there are rules applicable to both scenarios (licences, permissions etc.).
I have made enquiries with the Bar Standards Board, but not too much joy atm, other than being directed to the CoP.
& I reckon you need to be a barrister to understand it, lol.
Can anyone assist........in plain English?
Tia.

[echat11]

Have you checked Linkedin?

It's the sort of stuff that you will find there.

[atticus]

What does the letterhead on which the barrister writes tell you?

[charitynjw]

Have you checked Linkedin?

It's the sort of stuff that you will find there.

Oh yes, lol.
Quite a lot of interesting info there.

[charitynjw]

What does the letterhead on which the barrister writes tell you?

The barrister hasn't sent any letters as such. All letters prior to litigation have been in a company name.
No names given at the bottom of company headed stationary....just 'Yours sincerely, [company name].
But for litigation, the court claim form & claimant's witness statement etc are '[barrister's name] on behalf of [the company]'.
The address for document service is that of the company

[echat11]

Oh yes, lol.
Quite a lot of interesting info there.

Have you checked the company's website to see who their in-house solicitors / advisors are?

Ring the company up, speak to the receptionist, ask the question, 'does xxxxxxx xxxxxx work here? No doubt they will go into what is what.

[charitynjw]

Have you checked the company's website to see who their in-house solicitors / advisors are?

Ring the company up, speak to the receptionist, ask the question, 'does xxxxxxx xxxxxx work here? No doubt they will go into what is what.

The website is devoid of all but the most basic info.
There is no phone number given, either on the website or on any company paperwork.
At best there is an email address, but it is a general one used for multiple reasons. I have a suspicion that it is directed to another (sister) company, a seperate legal entity. Again, any responses are signed off by the company....no name or department given. I get the feeling that it is a shell company, existing only on paper &, for legal purposes, at Co. House.

Btw, when I 'follow the money', all the companies which appear to be part of a 'group' are owned by a managed fund investment outfit.

[echat11]

Have you checked the DNS / IP?

[atticus]

Have you asked the chap? What he says might be illuminating.

[charitynjw]

Have you asked the chap? What he says might be illuminating.

I would prefer doing so from a position of reasonable knowledge of the subject.
It is unlikely that the person concerned would readily admit to wrongdoing. In this particular case it is much more likely that I would be just told "prove it".....which is what I'm trying to do.
This is just a small part of a much bigger problem currently in litigation.
It seems expedient to put everything 'on the table', as it were.

[charitynjw]

Have you checked the DNS / IP?

A website for the company does exist.
It is just about as minimal as possible.....largely just a payment portal.
Complaints must be made in writing using land mail only.
According to the website privacy policy, the DPO can be contacted via land mail to that same address or by email.
The land mail address is the one registered at Co. House.
A friend of mine, who lives nearby, has visited that address. It appears to be a serviced office used by many different firms.
There are no personnel employed by the target company operating from that address.
I wouldn't know how to check IP address, & much less know the significance of any info obtained by tracing it.....but I think I know someone who might.

[atticus]

Ask, don't accuse.

[charitynjw]

Ask, don't accuse.

Hi ATTICUS.

I have tried that approach with other issues in this court case.
They evade direct questioning like teflon &, when pressed, they say "prove it".
Given my previous efforts & their recalcitrant attitude, I would prefer not to ask questions in court when I do not know already the answers.

[atticus]

My recommendation is always to keep your eye on the ball of proving your case. When I did litigation, I was always happy when the opposing party allowed itself to be distracted from that.

[R0b]

If it bothers you that much then you could, on the basis that they are being extremely evasive and non-responsive to what should be a very straightforward answer to a simple question:

1. Report the person to the BSB on the basis they are representing themselves as a barrister authorised to conduct litigation when you have reasonable to suspect they are not. If they are not listed on the BSB register then you can point to that as evidence they are conducting reserved legal activities contrary to the Legal Services Act 2007 (I am assuming you have asked them in what capacity they are acting and if they do act as a barrister then you have requested their BSB number as evidence).

2. Put them on notice that due to their evasiveness as to their capacity, whether an employee or a self employed barrister, you have reason to suspect that said person is committing a criminal offence under the LSA 2007 by carrying out reserved legal activities contrary for which they are not authorised to do so that you will ask the court to prohibit said person from acting on behalf of the company in said proceedings, and you will produce this letter/email together with other relevant correspondence as evidence that that there is good reason to suspect they have committed and are continuing to commit an offence by conducting litigation when challenged as to the legal basis on which they are acting. Invite them to withdraw from acting and confirm the same by email/letter.

Leave it at that and raise it at the start of proceedings if you wish but probably best to submit that issue as a preliminary point to be discussed as part of a letter to the court (make sure to copy the other side in if emailing the court) or a skeleton argument. The onus will be on that individual to prove what they are doing is not a criminal offence.

Unfortunately, unless you are prepared to make an application for committal in the High Court, it's unlikely much will be done other than the BSB may investigate and/or take no further action.