CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H00M45S

Jane, a solicitor qualified for 15 years with an established litigation practice, has represented her client, John, as the claimant at a trial in the County Court. John wishes to appeal the judgment of the District Judge, and the hearing will take place in the Court of Appeal (Civil Division).

Can Jane represent John at the appeal hearing?

A. Yes, she has been qualified for over 10 years so she may appear at the Court of Appeal

B. Yes, solicitors have rights of audience at the Court of Appeal upon admission as a solicitor

C. No, unless the solicitor has had the specialist training required to gain higher rights of audience, she will not be able to conduct the hearing at the Court of Appeal

D. No, solicitors do not have rights of audience in the Court of Appeal; a barrister will be instructed to conduct the hearing

E. Yes, the solicitor will automatically have rights of audience to represent the client at the appeal hearing as she was the advocate at the original trial

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Section 14 of the Legal Services Act 2007 makes it a criminal offence for non-entitled persons to undertake such activity. Under the SRA Authorisation of Individuals Regulations, solicitors are automatically entitled to conduct their own advocacy in tribunals, Coroners' Courts, Magistrates' Courts, County Courts, the Family Court, and European courts. To represent clients in the Crown Court, the High Court of Justice, the Court of Appeal, and the Supreme Court of the United Kingdom, solicitors must gain the Higher Courts (Civil Advocacy) Qualification or the Higher Courts (Criminal Advocacy) Qualification.

Key Point: Solicitors need to obtain higher rights of audience through specialist training to represent clients in higher courts, such as the Court of Appeal.

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Dispute ResolutionUnit 6

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