When reading about your family law sub committee in your newsletter I noted a “reminder” about rights of audience.
There is no protocol in the family courts in Derbyshire to enable experienced legal executives to have generic rights of audience in the family proceedings court. The position in private law proceedings is that chartered legal executives are authorised persons under the Legal Services Act 2007, but are required to have an advocacy certificate before they have rights of audience in parts III,IV, and //v Children Act proceedings.
Chartered legal executives without the advocacy qualification can ask on a case by case basis for rights of audience in Part II – private law- proceedings only.
The view of the DFJs in the midlands is that trainee solicitors and legal executives working towards their advocacy certificate qualification can apply on a case by case basis to the judge for right of audience with a CV which sets out their relevant court experience and the kind of hearing they wish to attend. Everyone attending a court hearing should tell the usher their status so it is clear.
If someone does not have a right of audience they can fill in the usual McKenzie friend form and provide similar assistance but they cannot have a FAS form signed since they are not an advocate.
Best wishes
Her Honour Judge Williscroft
Designated Family Judge for Derby
Judge of the Court of Protection