Clarkson v Gilbert & Ors [2000] EWCA Civ 3018 (14 June 2000)

Clarkson v Gilbert & Ors [2000] EWCA Civ 3018 (14 June 2000)

The court held that the discretion under section 27(2)(c) of the Courts and Legal Services Act 1990 is not limited to exceptional circumstances in cases involving close relatives. The correct test is whether, in all the circumstances, it is just to permit the non-qualified person to have rights of audience. On the facts, given the claimant's health and the need for assistance, it was just to allow her husband to represent her.

Citation
[2000] EWCA Civ 3018
Parties
Claimant: Professor Clarkson; Defendants: Gestalt Psychotherapy Training Institute and others
Jurisdiction
England and Wales
Judgment Date
14 June 2000
Procedural Posture
Civil Appeal / Appeal From Decision Setting Aside Ex Parte Order
Outcome
appeal allowed
Legal Topics
Rights of Audience, Representation by Non Qualified Persons, Discretion Under Courts and Legal Services Act 1990
Civil Procedure Rights of Audience Representation by Non Qualified Persons Discretion Under Courts and Legal Services Act 1990

Case Brief

Summary, issues, holding and outcome

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Parties

Professor Clarkson

Claimant

Gestalt Psychotherapy Training Institute and others

Defendants

Procedural Posture

Civil Appeal / Appeal From Decision Setting Aside Ex Parte Order

Legal Issues

  1. 1 Whether the court should exercise its discretion under section 27(2)(c) of the Courts and Legal Services Act 1990 to grant rights of audience to the claimant's husband, a non-qualified person, to represent her in proceedings.

Ratio Decidendi

The court held that the discretion under section 27(2)(c) of the Courts and Legal Services Act 1990 is not limited to exceptional circumstances in cases involving close relatives. The correct test is whether, in all the circumstances, it is just to permit the non-qualified person to have rights of audience. On the facts, given the claimant's health and the need for assistance, it was just to allow her husband to represent her.

Court Disposition

appeal allowed

Orders

  • Order of Morland J restored granting rights of audience to Mr Keter.
  • Costs here and below to be costs in the proceedings.