Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal

Advice and assistance does not cover representation before a court or tribunal or in connection with a statutory inquiry, except where specific provision for ABWOR has been made by regulation.  If ABWOR is not available, you cannot undertake any step in proceedings (except to negotiate a settlement in civil proceedings).  However, in civil proceedings before a court or tribunal a grant of advice and assistance lets you:

  • Undertake any step, short of representation, that consists only of negotiating to settle a claim to which the proceedings relate
  • Give advice to your client on how to take such steps themselves and to help them take those steps (as opposed to taking them on their behalf).

For example, when providing advice and assistance (as distinct from ABWOR) you cannot:

  • Appear before a court or tribunal, or in connection with a statutory inquiry
  • Frame a writ or other initiating document
  • Lodge an ET1 before we approve the provision of ABWOR for an employment tribunal
  • Prepare and lodge documents such as a list of witnesses or inventory of productions
  • Obtain and lodge a report for use in the proceedings

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