DCBL - N244 Application Rejected

[b]Subject: Claim [claim number] – N279 signed by paralegal: authority to conduct litigation, signature validity, and regulatory notice[/b]

Dear Sir/Madam,

I refer to the Notice of Discontinuance (Form N279) filed/served in this claim. It is signed “L. Travis”, position “Paralegal”, and purports to be signed on behalf of the claimant’s solicitor.

Please confirm by return:

1. The signatory’s full name (forename and surname), capacity, and whether they are an authorised person within the meaning of the Legal Services Act 2007 with current rights to conduct litigation (provide SRA/CILEX number and practising status). If not authorised,
2. The precise exemption relied upon under Schedule 3 of the Legal Services Act 2007 that permits that individual to conduct litigation and sign the N279 in these proceedings (enclose the sealed court order or the specific statutory provision, as applicable).

For the avoidance of doubt:

• Preparing, signing, filing or serving an N279 is conduct of litigation.
• Practice Direction 22 requires the individual’s name and capacity when signing on behalf of a party; an initial plus surname is not adequate for verification of authorisation.
• Following [i]Mazur v Charles Russell Speechlys LLP[/i], unqualified employees may assist but cannot themselves conduct litigation unless authorised or exempt.

Action required:

• Confirm the above within 7 days.
• If the document was not signed by an authorised (or exempt) person, file and serve a compliant N279 personally signed by an authorised person, with their full name clearly stated.

Costs and regulatory notice:

If the N279 was signed by a person not authorised or exempt, or must be re-filed/served to correct the signer’s identity/status, I, as a litigant in person, will treat this as unreasonable conduct. In line with [i]Mazur[/i] and CPR 27.14(2)(g), I will invite the Court, in its discretion, to order the claimant to pay the defendant’s costs caused by your firm’s irregular conduct and, if appropriate, to consider wasted costs against representatives.

Further, conducting a reserved legal activity without entitlement is a criminal offence under the Legal Services Act 2007. If any unauthorised conduct of litigation has occurred, I will report the matter to the SRA without further notice and reserve all rights to place this correspondence before the Court.