Lay Representative (Rights of Audience) Order 1999

[Frankiesays]

I recently wanted to speak on behalf of my son in courrt regarding a penalty from a private car park management company. The case was dismissed but the district judge hearing the case refused to let me speak and only gave me the rights of a Mackenzie friend in spite of me showing her a copy of the Lay Rep order, this was contrary to all the advice I had been given and put us well and truly on the back foot. Is this order subject to what rules the district judge decides to accept in his/her court or is this in a tablet of stone in which case the DJ was acting unlawfully in this example?

[pt2537]

The Judge can refuse to hear you if he or she has a reason to do so

[R0b]

Just to add to PT's comment, Section 11 of the Courts and Legal Services Act 1990 gives an explanation of this.

Representation in certain county court and family court cases.

(4) Where the county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.

(5) Where the county court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.

The right to use a lay representative appears to be an absolute one unless 11(4) applies in which case the judge should have given reasons. If there was no unruly behaviour and the judge simply said no without explanation, then the judge would seem to have been acting beyond his or her powers. I'm not aware of any direct case law on this point and maybe pt2537 could shed some light on this, though I can only think of circumstances where there has been an element of pressure against your will or you didn't have the capacity to consent to their representation in the first place, might it be reasonable for a judge to go beyond 11(4).

In the end you won your case so I wouldn't worry too much.

[charitynjw]

R0b

(Sorry about the 'Denton delay')

(2) a lay representative means any other person.

3.2

(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

(b) at any stage after judgment; or

(c) on any appeal brought against any decision made by the district judge in the proceedings.

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

(4) Any of its officers or employees may represent a corporate party.

https://www.justice.gov.uk/courts/pr...rt27/pd_part27