Case No: A2 2007/2914
Neutral Citation Number: [2009] EWCA Civ 696
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
(MR JUSTICE LEWINSON)
Royal Courts of Justice
Strand, London, WC2A 2LL

Date: Tuesday, 9th June 2009

Before:

SIR ANDREW MORRITT CHC
LORD JUSTICE KEENE
and
LORD JUSTICE ELIAS

- - - - - - - - - - - - - - - - - - - - -

	Lonergan 	
Appellant 	
	- and -		
	
Gedling Borough Council	

Respondent

- - - - - - - - - - - - - - - - - - - - -
(DAR Transcript of 
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No:  020 7404 1400  Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - - - - - - - - - - - - -

Mr G Blakey (instructed by Messrs Sinclairs) appeared on behalf of the Appellant.
Mr A Chambers (instructed by Messrs Weightmans) appeared on behalf of the Respondent.
Ms N Kleir (instructed by .J E Baring & Co) appeared on behalf of the Interested Party.

- - - - - - - - - - - - - - - - - - - - -
Judgment
Sir Andrew Morritt:

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