Commentary on Sections Part 8: Solicitors’ rights of audience
This Part extends solicitors’ rights of audience in the High Court and Court of Appeal.
It creates a system of authorisation for solicitors wishing to exercise rights of audience in the High Court and Court of Appeal and the authorisation process is to be prescribed by the Law Society in regulations. A solicitor holding authorisation shall have the same rights of audience as counsel in the High Court and Court of Appeal. The sections also contain a range of measures which are designed to ensure that competition for advocacy services is maintained and conflicts of interest prevented.
The Part gives the Department an order-making power to make technical amendments to certain legal aid primary legislation to take account of the extension of solicitors’ rights of audience. These orders are subject to the negative resolution procedure.