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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Lonergan v Gedling Borough Council [2009] EWCA Civ 696 (09 June 2009)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2009/696.html
Cite as: [2009] EWCA Civ 696
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
(MR JUSTICE LEWINSON)
Strand, London, WC2A 2LL |
||
B e f o r e :
LORD JUSTICE KEENE
and
LORD JUSTICE ELIAS
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| Lonergan |
Appellant |
|
| - and - |
||
Gedling Borough Council |
Respondent |
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Mr A Chambers (instructed by Messrs Weightmans) appeared on behalf of the Respondent.
Ms N Kleir (instructed by .J E Baring & Co) appeared on behalf of the Interested Party.
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- The first application with which we have to deal is one made by Mr Blakey, who seeks to appear on behalf of Mrs Lonergan. He is an admitted solicitor, but without the benefit of High Court rights of audience. He applies to us to be permitted to appear on the hearing of this appeal on behalf of Mrs Lonergan, and he has in fact submitted an extensive written argument in support of her appeal. He frankly admitted to us that he had not made any application specifically for the purpose of getting pro bono support from the Bar Council Pro Bono Unit run in conjunction with the Chancery Bar Association; nor had he made any prior application to this court to clarify his status before the appeal was properly called on. A telephone call to my clerk is clearly not adequate for that purpose. In the circumstances, he has effectively presented the court with a pistol to the head, either to give him rights of audience or the appeal might have to go off, or go off partially.
- I do not in those circumstances think that it would be appropriate to grant him rights of audience to appear on behalf of Mrs Lonergan. It seems to me that he is the author of her misfortune, and there is no justification for conferring on him rights of audience which he does not have.
- I would therefore refuse to confer rights of audience on him.
- I agree with everything which my Lord has said.
- So do I.
Sir Andrew Morritt:
Lord Justice Keene:
Lord Justice Elias:
Order: Application adjourned & application for rights of audience refused