Gregory & Anor v Turner & Anor [2003] EWCA Civ 183 (19 February 2003)

Gregory & Anor v Turner & Anor [2003] EWCA Civ 183 (19 February 2003)

A power of attorney does not confer on the attorney a right of audience or the right to conduct litigation in civil proceedings; such rights are governed exclusively by the Courts and Legal Services Act 1990 and may only be exercised by qualified persons or as specifically permitted by the court. The costs order and refusal of permission to appeal could not be reopened as there were no exceptional circumstances or jurisdictional errors. No arguable grounds existed for judicial review of the planning authority's decision.

Citation
[2003] EWCA Civ 183
Parties
Claimant/appellant: Rita Fleurette Gregory; Claimant/appellant: Joyce Rita Gregory; Defendant/respondent: Simon Turner; Defendant/respondent: Karen Turner; Applicant/appellant: John Morris (as attorney for Joyce Rita Gregory); Defendant/respondent: North Somerset Council
Jurisdiction
England and Wales
Judgment Date
19 February 2003
Procedural Posture
Civil Appeal and Judicial Review Applications / Court of Appeal Judgment on Multiple Applications Following County Court and High Court Decisions
Outcome
All applications refused; no further remedy available to the Gregorys.
Legal Topics
Rights of Audience, Costs in Civil Litigation, Trespass to Land, Damages (aggravated/exemplary), Judicial Review, Powers of Attorney, Small Claims Procedure
Civil Procedure Property Law Agency Law Rights of Audience Costs in Civil Litigation Trespass to Land Damages (aggravated/exemplary) Judicial Review +2 more

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Parties

Rita Fleurette Gregory

Claimant/appellant

Joyce Rita Gregory

Claimant/appellant

Simon Turner

Defendant/respondent

Karen Turner

Defendant/respondent

John Morris (as attorney for Joyce Rita Gregory)

Applicant/appellant

North Somerset Council

Defendant/respondent

Procedural Posture

Civil Appeal and Judicial Review Applications / Court of Appeal Judgment on Multiple Applications Following County Court and High Court Decisions

Legal Issues

  1. 1 Whether a power of attorney confers rights of audience or to conduct litigation in civil proceedings
  2. 2 Whether the costs order against the Gregorys could be reopened under the Taylor v Lawrence jurisdiction
  3. 3 Whether there was any remedy in respect of the refusal of permission to appeal on the merits

Ratio Decidendi

A power of attorney does not confer on the attorney a right of audience or the right to conduct litigation in civil proceedings; such rights are governed exclusively by the Courts and Legal Services Act 1990 and may only be exercised by qualified persons or as specifically permitted by the court. The costs order and refusal of permission to appeal could not be reopened as there were no exceptional circumstances or jurisdictional errors. No arguable grounds existed for judicial review of the planning authority's decision.

Court Disposition

All applications refused; no further remedy available to the Gregorys.

Orders

  • Permission to appeal against the costs order refused.
  • Permission to reopen the merits of the case refused.