When proceedings take place ‘in chambers’, who has the legal right of audience? This seemingly simple question lacks a clear-cut answer, explains John Gould
- The practice of unqualified representatives attending hearings in chambers is long established and ubiquitous. But is it right that a trainee solicitor can be the advocate in, for example, childcare proceedings in the Family Court just because the hearing is ‘in chambers’?
- The principles governing this question are complex, and are based on the meaning of ‘in chambers’ and ‘reserved family proceedings’.
Solicitors’ unqualified employees, such as trainees and caseworkers, have customarily appeared before judges in hearings which are listed as being ‘in chambers’, even though they do not actually have a legal right of audience. Is it right that a trainee solicitor can be the advocate in, for example, childcare proceedings in the Family Court just because the hearing is ‘in chambers’?
It might be thought that who has a right to be heard by a court would be a simple question with an easy answer based on clear and consistent principles. It is, after all,
