High Court Appeal Office Clerks

Response to this request is long overdue. By law, under all circumstances, Law Commission should have responded by now (details). You can complain by requesting an internal review.

Dear Law Commission,
High Court Appeal Office Clerks

How many appeals to the Chancery Appeals Division from the county court have been rejected by the clerks after they have been received in time for an appeal by special delivery with the correct fee as listed on their website but nevertheless date stamped as out of time on 29th July 2015, so that the Chancery Division can reject the appeal application as out of time; and insist on an out of time application having to be completed before they will process the application.

Provide the date that the appeal from the county court that was date stamped as if received a day late, was apparently placed before the Chancery court in January 2016 and rejected for sending the increased fee demanded too late, when no increase is showing on their website. Please list the name of the judge who made this decision.

The link at the bottom of the page shows no increase in fee's.

http://www.justice.gov.uk/courts/rcj-rol...

Please also provide a copy of the code of conduct that prevents such unfairness and lack of due process and stops collusion with the lower courts and councils avoiding justice.

Yours faithfully,

master powel

Communications Law Com, Law Commission

Thank you for your email. We monitor this inbox regularly and will reply to your enquiry as soon as possible.

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For urgent press enquiries outside working hours, please call Phil Hodgson on 07500 087723

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Visit the Law Commission website: www.lawcom.gov.uk

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Communications Law Com, Law Commission

Thank you for your email. We monitor this inbox regularly and will reply
to your enquiry as soon as possible. You may prefer to contact us in one
of the following ways:
                                                                         
                         
General enquiries: Phone: 020 3334 0200 or email:
[1][email address]

Press enquiries: Between 9.00am to 6.00pm, Monday to Friday, please
contact: Phil Hodgson (020 3334 3305 or at
[2][email address]) or Jackie Samuel (020 3334 3648
or at [3][email address]).

For urgent press enquiries outside working hours, please call Phil Hodgson
on 07500 087723.

Visit the Law Commission website: [4]www.lawcom.gov.uk

If your enquiry relates to a Freedom of Information matter, please direct
it to [5][email address]

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

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LAWCOM (FOI), Law Commission

Dear Master Powel

Thank you for your request for information received in this office on 08/04/16. We acknowledge receipt. We are handling your request for information under the Freedom of Information Act 2000. We will respond to you as promptly as possible and, in any event, will provide the information you seek within 20 working days from receipt of your request, unless it transpires that we do not hold the information or that the information is exempt from disclosure. In the latter event we will advise you why the information sought cannot be disclosed. Your request for information will be handled within the Commission by the Public Law team. If you have any query in the meantime relating to your request please contact me in my role as the Commission’s FoI co-ordinator.

Yours sincerely

Dan Leighton | FoI Co-ordinator | Law Commission

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Connolly, David, Law Commission

Dear Master Powel,

Thank you for your emails which the Law Commission received on the 8th April 2016. We have dealt with both requests under the provisions of the Freedom of Information Act 2000.

In answering your questions, we would like you to be aware of the role of the Law Commission and the extent to which we are limited in providing specific legal advice. The Law Commission is a statutory body set up by the Law Commissions Act 1965 whose function is to keep the law under review and to make recommendations for its reform. Our functions are limited by statute. The Law Commission cannot provide any advice on individual cases or points of law. The work undertaken at the Law Commission at any particular time is limited to the specific projects we are working on.

You asked:
“How many appeals to the Chancery Appeals Division from the county court have been rejected by the clerks after they have been received in time for an appeal by special delivery with the correct fee as listed on their website but nevertheless date stamped as out of time on 29th July 2015, so that the Chancery Division can reject the appeal application as out of time; and insist on an out of time application having to be completed before they will process the application.

Provide the date that the appeal from the county court that was date stamped as if received a day late, was apparently placed before the Chancery court in January 2016 and rejected for sending the increased fee demanded too late, when no increase is showing on their website. Please list the name of the judge who made this decision.”

I regret to say that we do not hold any of the information you have requested. You may find it helpful to contact the Chancery Appeals Office, London, for advice:
Chancery Appeals Office
The Rolls Building, 7 Rolls Buildings, London EC4A 1NL

You also asked:
“Can you please give me all recorded information as to whether or not council officers are immune from the Legal Services Act 2007 when carrying out legal actives before the courts including rights of audience.

Is there a requirement that such council officers carrying out legal activities in the courts have to have a solicitors practicing certificate as defined within the Legal Services Act 2007.

Under what circumstances can a judge ignore the Legal Services Act 2007 and grant rights of audience to people who are not certificated to carry on legal activities including rights of audience.”

We do not have access to ‘all recorded information as to whether or not council offers are immune from the Legal Services Act 2007’ and therefore we cannot answer your questions relating to council officers.

In relation to your last question, in certain circumstances persons can carry on a reserved legal activity without needing to be authorised. They are considered ‘exempt’ for the purposes of the Legal Services Act 2007.

Schedule 3 of the Legal Services Act 2007 (http://www.legislation.gov.uk/ukpga/2007...) sets out a list of exempt persons who may carry out legal activities, including when a person will have a right of audience in circumstances where they are not authorised for the purposes of this Act. A person may, for example, have a right of audience granted by the Court, a right of audience granted by or under any enactment, have a right of audience when they are assisting in the conduct of the litigation or have a right of audience when they are a party to the proceedings. Schedule 3 also sets out when a non-authorised individual for the purposes of the Act may conduct litigation and when employers may act through an exempt person.

You may find it helpful to contact the Legal Services Board for further advice at [email address] or:
One Kemble Street
London
WC2B 4AN

We hope that this is of some assistance.

If you have any further questions relating to a specific project of the Law Commission, we would be happy to oblige.

Kind regards,

David Connolly | Law Commission
Manager | Public law team
1st floor, Tower, post point 1.55, 52 Queen Anne's Gate, London SW1H 9AG
(access via 102 Petty France)
Tel: +44 (20) 3334-3968
Email: [email address]

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