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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3433
Experience:  LL.B (Hons)
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Rule 14(1) - First Tier(Property Chambers) Rules 2013,

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Rule 14(1) - First Tier(Property Chambers) Rules 2013, allows for a qualified or non qualified to be a Representative for any party in proceedings.I am currently the Rep for x 3 Applicants in a case. Have already conducted a CMD hearing, no complaints. New Counsel for the other side has arrived and has objected to me, citing “a McKenzie friend cannot act in the capacity I am currently doing” , eg as a Rep.For normal CPR I understand this to be the case but this Tribunal has its own set of rules and procedures. I see Rule 14(1) clear cutAny thoughts?

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Thank you.

Thank you for the question the role of MacKenzie Friend and that of a representative are different.   When looking at civil court, there are strict rules to what a MF can and cannot do as only a solicit has the right to provide advice and legal guidance etc. however a MF can sit with the claimant or even speak on their behalf but not provided representation.  In the Tribunal, a representative does not require to be legally qualified therefore you should make it clear to the judge if you are acting as a MF or a representative.  Clearly, the judge to this point has had no issue with your providing representation therefore I do not see why this would change.  However, ultimately, it would be up to the judge to order a position on this matter.

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