Legal representative Definition

GLOSSARY

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What does Legal representative mean?

Is one of the following if they have been instructed to act for a party in relation to the proceedings: —barrister —solicitor —solicitor's employee —manager of a body recognised under s 9 of the administration of Justice Act 1985 (AJA 1985), or person who, for the purposes of the LSA 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) SCCO Guide defines this as a person authorised to exercise a right of audience or to conduct litigation on behalf of a party to that litigation

View the related checklists about Legal representative

Defendant receiving a claimant's Part 36 offer—checklist

Defendant receiving a claimant's Part 36 offer—checklist This checklist on receiving a Part 36 offer identifies the key factors that a defendant should consider on receipt of a claimant’s Part 36 offer. Consideration Guidance Further information Relevant period The defendant should calculate the date when the relevant period expires for accepting the claimant’s Part 36 offer, which must be no less than 21 days from when the Part 36 offer was served (CPR 36.5(1)(c)).It is important to note this date because there may be costs consequences for late acceptance of the claimant’s Part 36 offer. There will also be costs consequences if the claimant’s Part 36 offer is not accepted and the claimant obtains a judgment that is at least as advantageous as their own Part 36 offer (CPR 36.17(1)(b)). For further information, see Practice Notes: Part 36 offers—how to make a valid Part 36 offer—The relevant period (minimum 21 days) and Part 36 offers—costs consequences of rejection or non-acceptance—Costs consequences—defendant not accepting a claimant's Part 36 offer. Validity...

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives

Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives This Practice Note details the roles, responsibilities and requirements for the Authorising Officer, Key Contact, Level 1 users and Level 2 users (key personnel) of a sponsor in the Workers and Temporary Workers routes. It also looks at aspects relating to legal representatives. The Worker routes are: • Skilled Worker • Global Business Mobility (GBM)—Senior or Specialist Worker • T2 Minister of Religion, and • International Sportsperson The Temporary Worker routes are: • Charity Worker • Creative Worker • GBM—Graduate Trainee, Service Supplier, Secondment Worker and UK Expansion Worker • Scale-up • Government Authorised Exchange • International Agreement • Religious Worker, and • Seasonal Worker Certain sponsorship aspects looked at in this Practice Note are different for the UK Expansion Worker route. These are highlighted briefly below. For further information, see Practice Note: Sponsoring a UK Expansion Worker—The GBM: UK Expansion Worker sponsor licence aspects. When applying for a sponsor licence, an organisation...

Statement of Changes in Immigration Rules, HC 309—analysis [Archived]

Statement of Changes in Immigration Rules, HC 309—analysis [Archived] This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309. HC 309 was issued on 7 December 2017, along with an Explanatory Memorandum (EM). It covers: • the electronic issuing of entry clearance • controversial changes to the Rules relating to indefinite leave to remain (ILR) for main applicants and their dependants in work categories, in particular on how absences from the UK are to be treated • substantial amendments to the Tier 1 (Entrepreneur) sub-tier • amendments to Tier 1 (Exceptional Talent) including: ◦ increasing the Tier 1 (Exceptional Talent) limit to 2000 endorsements per year, with 1,000 of these to be allocated among the Designated Competent Bodies on a first-come first-served basis ◦ introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years • amendments to Tier 2 (General), including: ◦ allowing Tier 4 (General) students to apply to switch into Tier...

Discover our 501 Practice Notes on Legal representative

Public inquiry warning letter

Public inquiry warning letter Inquiry: The [insert name of inquiry] inquiry Chair: [Insert name of inquiry chair] [Insert inquiry contact address etc] [Insert name of recipient] Confidential [Insert date] Dear [insert name of addressee], The [insert name of inquiry] inquiry I write on behalf of the Chair of the Inquiry. Background to the Inquiry The Inquiry was announced by [insert source eg Secretary of State] on [insert date]. Its terms of reference are as follows: ‘[Insert terms of reference]’. The Inquiry panel is now preparing its report. Within that report, the panel is minded to criticise your role in the events it has examined. This letter sets out the proposed criticism, the facts on which the proposed criticism is based and any evidence considered to substantiate it. The letter is intended to offer you a reasonable opportunity to respond to the proposed criticism prior to the publication of the report. Warning letters: legal framework The Inquiry is concerned to ensure that it acts fairly towards witnesses and others who may...

Reply (defamation)

Reply (defamation) Claim No.:HQ [insert claim number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST PARTIES: (1) [Insert full name of claimant/first claimant] (2) [[Insert full name of second claimant]] [Claimant OR Claimants] and [Insert full name of defendant] Defendant _____________________________________ REPLY _____________________________________ 1 The [Claimant joins OR Claimants join] issue with the Defendant on his Defence save for the admissions it contains and those averments therein which are expressly admitted below. Paragraph references are to the Defence. 2 The [Claimant denies OR Claimants deny OR that the words complained of in the meanings set out at paragraph 8.1 of the Defence are true. Without limitation to the generality of this denial as to the particulars of truth advanced to support those imputations, the [Claimant pleads OR Claimants plead] as follows: 2.1 [set out the claimant’s/claimants’ response to the Particulars of Truth set out by the defendant in his defence, admitting or denying as appropriate]. 3 It...

Dive into our 118 Precedents related to Legal representative

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)?

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)? In relation to evidence, first consideration should be given to the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 27.10, provides that proceedings to which FPR 2010 apply will be held in private except where FPR 2010 or any other enactment provides otherwise or, subject to any enactment, where the court directs otherwise. A hearing held in private means proceedings at which the general public have no right to be present (FPR 2010, SI 2010/2955, 27.10(2)). FPR 2010, PD 12G covers the communication of information relating to children proceedings and sets out at FPR 2010, PD 12G, para 2.1 the categories of people to whom information may be communicated and for what purpose. Communication outside of these provisions amounts to a contempt of court. FPR 2010, SI 2010/2955, 12.73 also provides that, for the purposes of the law relating to contempt of...

Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made?

Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made? Safeguarding concerns relating to children are sadly a feature of the practises of most solicitors and barristers engaged in family law work. There is an inherent tension between the understandable desire to protect the child particularly where a serious safeguarding risk is identified, and the duty of confidentiality owed to the client. Legal representatives are not social workers, and their professional duties may from time to time conflict with what they perceive to be their moral obligations where information is disclosed by a client that leads to a safeguarding risk. Solicitors and barristers owe a duty of confidentiality to their clients (paragraph 6.4 of the Code of Conduct for Solicitors) and that duty is unqualified. The duty is to keep the information...

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Meta challenges Irish EU GDPR fine for ‘plaintext’ passwords data breach

MLex: Social media giant Meta Platforms has challenged the Irish Data Protection Commission’s (DPC) decision to fine it for inadvertently storing some passwords in plaintext on its internal systems without cryptographic protection or encryption, MLex has learned.

France-Malaysia US$15bn arbitration award enforcement case against Sulu heirs dismissed

Law360:The French Supreme Court hasdismissed a US$14.9bn arbitration award brought against Malaysia by the heirs of the long-defunct Sultanate of Sulu over a soured land deal agreement, as the court said the arbitration award is not recognised under French law.

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