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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Solicitor’s authority to act for client

neilbateman
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Welfare Rights Author, Trainer & Consultant

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Having an issue with a local authority which is insisting that a solicitor provides written authority from their client that they can submit a revision request for the client. 

There is an old Commissioner’s Decision which dealt with this point and held that written consent was not required because solicitors can only and must only act on instructions and act for clients.  It’s fundamental to their whole method of operating and is enshrined in professional practice.

Does anyone know the case I am referring to?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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CO v London Borough of Havering [2015] UKUT 0028 (AAC)

Elliot Kent
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Shelter

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There’s not so old authority dealing with that very silly argument here :

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/appeal-signed-by-claimants-solicitor-is-validly-made

Edit: I see that HB beat me to it!

[ Edited: 2 Nov 2017 at 07:18 pm by Elliot Kent ]
neilbateman
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Thanks everyone and yes it is a silly argument.  Deliberately obstructive or because they really don’t know the law?

ClairemHodgson
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Solicitor, SC Law, Harrow

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neilbateman - 02 November 2017 07:23 PM

Thanks everyone and yes it is a silly argument.  Deliberately obstructive or because they really don’t know the law?

probably bit of both.

guess the solicitor in question turned the air a bit blue!