Lonergan v Gedling Borough Council

1. The first application with which we have to deal is one made by Mr Blakey, who seeks to appear on behalf of Mrs Lonergan. He is an admitted solicitor, but without the benefit of High Court rights of audience. He applies to us to be permitted to appear on the hearing of this appeal on behalf of Mrs Lonergan, and he has in fact submitted an extensive written argument in support of her appeal. He frankly admitted to us that he had not made any application specifically for the purpose of getting pro bono support from the Bar Council Pro Bono Unit run in conjunction with the Chancery Bar Association; nor had he made any prior application to this court to clarify his status before the appeal was properly called on. A telephone call to my clerk is clearly not adequate for that purpose. In the circumstances, he has effectively presented the court with a pistol to the head, either to give him rights of audience or the appeal might have to go off, or go off partially.

2. I do not in those circumstances think that it would be appropriate to grant him rights of audience to appear on behalf of Mrs Lonergan. It seems to me that he is the author of her misfortune, and there is no justification for conferring on him rights of audience which he does not have.

3. I would therefore refuse to confer rights of audience on him. Lord Justice Keene:

4. I agree with everything which my Lord has said. Lord Justice Elias:

5. So do I. Order: Application adjourned & application for rights of audience refused