Paragon Finance Plc v Noueiri [2001] EWCA Civ 1402 (19 September 2001)

Paragon Finance Plc v Noueiri [2001] EWCA Civ 1402 (19 September 2001)

The court held that Anthony Alexander had repeatedly acted as an unqualified advocate and conducted litigation without proper authority, providing incompetent assistance and abusing court process. The public interest and the protection of vulnerable litigants required that he be banned from acting or purporting to...

Source-derived case information.

Citation
[2001] EWCA Civ 1402
Parties
Applicant/appellant: Paragon Finance PLC; Respondent: Richard Helal Noueiri; Intervener: RCJ Citizens' Advice Bureau; Amicus Curiae: Attorney-General (friend of the court); Lay Representative/interested Party: Anthony Alexander
Jurisdiction
England and Wales
Judgment Date
19 September 2001
Procedural Posture
Civil Appeal / Judgment on Application to Restrict Lay Representative's Activities
Outcome
Order granted restricting Anthony Alexander's activities as lay representative/advocate in the Royal Courts of Justice without judicial permission.
Legal Topics
Rights of Audience, Lay Representation, Mc Kenzie Friends, Abuse of Process, Solicitors Act, Courts and Legal Services Act
Civil Procedure Legal Profession Regulation Rights of Audience Lay Representation Mc Kenzie Friends Abuse of Process Solicitors Act Courts and Legal Services Act

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 28 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Paragon Finance PLC

Applicant/appellant

Richard Helal Noueiri

Respondent

RCJ Citizens' Advice Bureau

Intervener

Attorney-General (friend of the court)

Amicus Curiae

Anthony Alexander

Lay Representative/interested Party

Procedural Posture

Civil Appeal / Judgment on Application to Restrict Lay Representative's Activities

Legal Issues

  1. 1 Whether Anthony Alexander should be banned from acting or purporting to act on behalf of others in the Royal Courts of Justice without permission of a judge
  2. 2 Scope of rights of audience and rights to conduct litigation for unqualified persons
  3. 3 Guidance on McKenzie friends and lay representation

Ratio Decidendi

The court held that Anthony Alexander had repeatedly acted as an unqualified advocate and conducted litigation without proper authority, providing incompetent assistance and abusing court process. The public interest and the protection of vulnerable litigants required that he be banned from acting or purporting to act on behalf of others in the Royal Courts of Justice without judicial permission. The statutory scheme under the Courts and Legal Services Act 1990 and the Solicitors Act 1974 strictly limits such activities to qualified persons or those granted specific rights by the court.

Court Disposition

Order granted restricting Anthony Alexander's activities as lay representative/advocate in the Royal Courts of Justice without judicial permission.

Orders

  • Anthony Alexander is banned from taking any steps within the Royal Courts of Justice by way of acting or purporting to act on behalf of persons other than himself in legal proceedings except with the permission of a judge of the High Court or the Court of Appeal.
  • Guidance issued regarding the activities of unqualified persons assisting litigants in person and the role of McKenzie friends.