Alexander Bunzl succeeded in an appeal, arguing the Respondent should not have been represented by someone with a power of attorney
Alexander Bunzl has represented the Appellant successfully in a county court appeal.
The Respondent had been represented at the first hearing by someone acting under a power of attorney. The Judge hearing the appeal considered Alexander’s submissions that the Court had permitted this without a proper reflection on what the principles were. The leading case was Gregory v Turner and another, R (on the application of Morris) v North Somerset Council [2003] 2 All ER 1114. Third party representation can be allowed in the Court’s discretion, but only in exceptional circumstances. The Judge hearing the appeal held that Court at first instance had not applied itself as to whether exceptional circumstances had been demonstrated. If they had been demonstrated, the Court should have considered whether the person acting under the power of attorney was a suitable person to represent his mother. The Judge also accepted Counsel’s submissions that the Particulars of Claim was defective because it did not specify the ground relied upon by the Respondent.
In addition to allowing the appeal, the Court awarded costs for the Appellant. She had faced the prospect of losing possession of her home and paying a considerable money judgment.
Alexander was instructed by Rosie Grewal at Foster & Foster Solicitors and Francesca Filippini on secondment from Bishop, Lloyd & Jackson Solicitors.