BR 60-79 Flashcards
when may a barrister invoke the coercive powers of the court?
r 60
(a) reasonably justified on material available to the barrister
(b)appropriate for the robust advancement of the clients case on its merits
(c) not given principally to embarrass or harass any other person
(d) Not given principally in order to gain some collateral advantage for the client or the barrister or the instructing solicitor or third party out of court.
When can a barrister make decisions or allegation under privilege against any person
r 61
(a) so long as they are reasonably justified by material available to the barrister
(b) appropriate for the robust advancement of the case on its merits
(c) not made principally to embarass the person
What about allegations made of sexual or indecent assault?
(r 62) A barrister must not ask a witness or pursue a line of questioning that is which is intended to intimidate and confuse the witness or be unduly harassing, intimidating, annoying, oppressive, humiliating and repetitive and the barrister must take into account any particular vulnerability of the witness
When will a barrister not infringe rule 62?
r 63 A barrister will not infringe rule 62 merely because the question challenges the truthfulness of the witness or the consistency or accuracy of any statements made by the witness or the question or questioning requires the witness to give evidence that could be considered to be offensive distasteful or private
what does rule 64 say?
A barrister must not allege a matter of fact in
(a) any court document settled by the barrister
(b) any submission during the hearing
(c) in the course of any opening address or
(d) the course of a closing address or submission on the evidence
Unless a barrister believes on reasonable grounds the factual material provides a proper basis to do so.
What is r 65?
A barrister must not allege any matter of fact amounting to criminality or fraud or any other serious misconduct against a person unless the barrister believes on reasonable grounds
(a) available material provides a proper basis for it and
(b) the client wishes that the allegation be made, having been advised of the seriousness of the allegation and the consequences for it not being made out.
What is rule 66?
A barrister may regard the opinion of the instructing soli that material that is available to the soli is credible, being material which appears to the barrister from its nature to support an allegation to which rules 64 and 66 apply, as a reasonable ground for holding the belief required by those rules ( except in the case of a closing address or submission on evidence
what is rule 67?
A barrister must not make a suggestion during cross-examination on credit, unless the barrister believes on reasonable grounds that the acceptance of such a suggestion would diminish the credibility of the witness
What is rule 68?
A Barrister who has instructions which justify submissions for the client in mitigation of the clients criminality which involve serious allegations of misconduct against any other person not able to answer the allegations in the case must seek to avoid disclosing the other person’s identity directly or indirectly unless the barrister believes on reasonable grounds that the disclosure is necessary for the proper conduct of the client’s case.
Rule 69
A Barrister must not
(a) advise or suggest to a witness that flase or misleading evidence should be given or condone another person doing so, or
(b) coach a witness by advising what answers a witness should give to questions which might be asked.
r 70
A barrister does not breach r 69 by expressing a general admonition to tell the truth, orby questioning or testing in conference the version of evidence to be given by the prospective witness. Including drawing the witness attention to inconsistencies or other difficulties with the evidence but must not encourage the witness to give evidence that is different from what he believes to be true.
r 71
A B must not confer with, or condone another legal practitioner conferring with, more than one lay witness including a party or client at the same time.
(a) about any issue which there are reasonable grounds to believe may be contentious at the hearing
(b) where such conferral could affect evidence that was given by any of those witnesses.
Unless the barrister believes on reasonable grounds that special circs require such a conference
r72
A barrister does not breach rule 71 by conferring with or condoning another legal prac conferring with more than one client about undertakings, admissions or concessions of fact, amendments of pleadings or compromise.
r73
A barrister must not confer with any party or client called by the barrister on any matter related to proceedings, while that witness remains under XXN unless
- the XXner has consented or the barrister believes on reasonable grounds that special circs ( inlcuding taking instructions on a proposed compromise) require such a conference, has advised the XXner beforehand of the barrister’s intention to do so and otherwise does inform the cross-examiner as soon as possible of the barrister having done so.
r 74
A barrister must not trake any steps to prevent or discourage witnesses from conferring with or being interviewed by an opponent or being interviewed by or on behalf of another person involved in proceedings
r75
A Barrister does not breach rule 74 simply by telling a prospective witness that he or she need not confer aor agreed to be interviewed or by advising about relevant obligations of confidentiality
r76
A barrister must not publish or take any steps toward the publication of any material concerning a proceeding which
(a) is known to be inaccurate
(b) discloses any confidential information
(c) appears to or does express the opinion of the barrister of the merits of a current or potential proceeding or on any issue arising in such a proceeding, other than in the course of genuine educational or academic discussion in matters of law.
r 77
A barrister must not publish or take steps towards the publication of any material concernuing any current proceeding in which the barrister is proceeding in which the barrister is appearing or any potential proceeding where the barrister is likely to appear, other than:
(a) the barister supplying answers to unsolicited questions concerning a current proceeding, provided that the answers are limited to information as to the identities of parties or of any witness called, the nature of issues in the case, nature of the orders made including any reasons given by the court and the clients intentions to take further steps in the case or
(b) Barrister may where it is not contary to court practice, request the client or soli in response to unsolicited questions supply for publication
(i) coppies of pleadings in their current form - filed and served
(ii) copies of affidavits or witness statements which have been read tendered or verified in court, open court, clearly marked so as to show any parts which have not been read tendered or verified or disallowed on objection
(iii) copies of transcript of the evidence in open court, permitted by copyright and clearly marked so as to show any corrections agred by other parties and by the court
(iv) copies of exhibits admitted in open court, without restriction on access.
r78
(a) may if requested advise a client about dealings with the media in a way that is not calculated to interfere with the administration of justice, and
(b) does not breach rule 76 or 77 simply by advising the client about whom there has been a published report relating to the case, and who has sought the barrister’s advice in relation to that report relating to the case, the client may take his own steps, to present the client’s position for publication.
r 79
A barrister, who has as a result of information provided by the client or a witness called on behalf of the client or bty the witness during a hearing or after judgment or a decision is reserved and while it remains pending, that the client or witness called on behalf of the client:
(a) has lied in material particular to the court
(b) has falsified or procured another person to falsify in any way a document that has been tendered
(c) has suppressed or procured another person to suppress material evidence on a topic, where there was a positive duty to make the disclosure to the court.
must refuse to take any further part in the case unless the client authorises the barrister to inform the court of the lie, falsification or suppression and must promptly inform the court of the lie, falsification or suppression, upon the client authorising him to do so - but otherwise must not inform the court of the lie, falsification or suppression.
