HLPA’s application to intervene by way of written submissions in Arkin v Marshall has been granted. This is a first for HLPA and was only made possible due to the overwhelming response from our members, provided in record time. The responses received were detailed and shows the real and substantial difficulties faced by our members in representing their clients during this crisis. It has formed the evidence relied by us in the appeal. By taking part, HLPAs members can be assured that their voices will be heard in this profoundly important case.

The government has also applied to intervene.

Arkin v Marshall will consider whether Practice Direction 51Z is (a) ultra vires, (b) whether it applies to cases that have been allocated to the multi-track, and (c) whether the stay can be lifted.

HLPA’s position is that PD 51Z is not ultra vires and the stay cannot be lifted. If it can be, this should only be in exceptional circumstances.

Thank you to all of our members and we will continue to keep you updated.