Representation certificatesAdvocacy in civil cases:representation certificatesAdvocacy in civil casesAdvocacy in civil cases:representation certificatesAdvocacy in civil casesAdvocacy in civil cases:representation certificatesAdvocacy in civil casesAdvocacy in civil cases:representation certificatesAdvocacy in civil casesAdvocacy in civil cases:representation certificatesAdvocacy in civil cases
15.20Where a certificate is issued to a solicitor covering proceedings before a court, it will in principle be possible to provide and claim for advocacy services under the certificate at all hearings in the case, though like every other step in the proceedings attendance at hearings is subject to there being merit in taking that step. You should also make sure that the particular hearing is within the scope of the certificate; final hearings, for example, are generally not within scope of a certificate as first issued.
15.21Advocacy under a certificate can be undertaken by a solicitor (subject to rights of audience in the higher courts) or by counsel. An advocate can be employed by your organisation or be in independent practice, either as a freelance solicitor or solicitor agent or as counsel in chambers.
15.22There is general authority to instruct one junior advocate under a certificate;
12013 Specification para 5.13, 2014 Specification para 5.13, 2015 Specification para 5.13. the instruction of more than one junior, or of Queen’s Counsel acting as such, requires an application for prior authority to be made.
22013 Specification para 5.11, 2014 Specification para 5.11, 2015 Specification para 5.11. Unless the authority is granted, no claim can be made by a second advocate appearing at any hearing or by Queen’s Counsel for acting as such (it is always open to Queen’s Counsel to accept instructions to appear as a junior and to be paid on that basis).
32013 Specification para 6.60(d), 2014 Specification para 6.60(d), 2015 Specification para 6.59(d). In a case where the statutory charge applies, you also require the informed consent of your client to the incurring of the extra costs of instructing QC or second counsel,
4Re Solicitors: Taxation of Costs [1982] 2 All ER 683. and costs officers will be looking to see that on your file.
5Civil Costs Assessment Guidance para 13.8.15.23Where you instruct counsel, the brief must include a copy of the certificate and a copy of any prior authority to instruct counsel.
62013 Specification para 5.14, 2014 Specification para 5.14, 2015 Specification para 5.14. Where the certificate has not yet been issued, you should provide counsel with a copy within 14 days of receipt.
72013 Specification para 5.15, 2014 Specification para 5.15, 2015 Specification para 5.15.15.24You can instruct a solicitor not employed by your organisation to provide advocacy services.
82013 Specification para 2.5, 2014 Specification para 2.5, 2015 Specification para 2.5.