There is an old saying that a fool is a person who does the same thing, twice, expecting a different result. Now, while we do live in a probabilistic universe where anything /could/ happen, that description seems to be a dictionary definition of Edmund Shoreham-Lawson of Elms Legal.
On 17 January, Ed sent Ms Kauser, an independent advocate and unregistered Barrister, to an MIL hearing at Burnley, previously reported. Mr Wilkie, as a Lay Rep, questioned her right of audience, and she was not allowed to continue with the case.
On 3 February, Ed sent Ms Kauser, an independent advocate and unregistered Barrister, to an MIL hearing at Oldham where, again, Mr Wilkie, as a Lay Rep, questioned her right of audience, and she was not allowed to continue with the case. In passing, she did say that the Burnley case was to be appealed, and asked for leave to appeal the Oldham finding. The Burnley case has not been appealed at the time this blog was published.
Today, Ed sent Mr Howes (senior), a FILEx, to an Excel hearing in Manchester, where Mr Wilkie questioned his right of audience, and, again, the judge examined the matter and did not allow Mr Howes to proceed with the matter.
So, three times Mr Shoreham-Lawson has sent advocates to hearings, knowing that they do not meet the tests in Schedule 3, section 1(7) of the Legal Services Act 2007. Under that act, it is an offence to seek to conduct legal proceedings without a relevant right of audience, and therefore it is an offence to attempt, incite another or conspire with another to seek to do so.
Mr Shoreham-Lawson's business model seems likely to start suffering from some form of die-back disease.
In the meantime, Ed has instructed his advocates (sic) to start attacking Mr Wilkie, due to his employment with Private Parking Appeals. It's a pity then that the Terms and Conditions for PPA make it clear that PPA does not conduct legal proceedings, and the Lay Rep is merely introduced
as a private individual.
Additionally, Mr Wilkie, as Bargepole and Prankster himself, all have rights of audience under Schedule 3, section 1(3) if their client attends, thanks to the Lay Rep order 1999.
Elms Legal Disease, anyone?
Mr Wilkie is now booked several weeks ahead, with MIL, Link, Excel and VCS cases at the forefront of his diary. He hopes that he will not meet any further advocates of Elms Legal seeking to conduct legal proceedings without a relevant right of audience...
John Wilkie notes:
I am happy to say that, without exception, I find the advocates I deal with at court to be personable, friendly people, with whom I could happily share an office, coffee-shop or pub. This includes Ms Kauser, and Mr Howes (senior), and I want to make it clear that my applications are not, in any way a reflection on their capability or qualities as advocates.
My seeking to have any advocate denied right of audience is purely because the matter of conducting legal proceedings is a reserved activity which should only be carried out by appropriate parties for the
protection of the public as a whole.
It is clear that the person in the wrong in this matter is, in fact Ed Shoreham-Lawson, and representations about this will be made to CILEx.
The Parking Prankster