Duties To The Court And Third Parties Flashcards
1
Q
what is the basic and self-explanatory duty to the court?
A
duty not to mislead the court
2
Q
what SRA principles link with the duty not to mislead the court?
A
honesty (4) and integrity (5) and upholding public trust (2) -
3
Q
what duties relate to not misleading the court?
A
must not misuse or tamper with evidence
must not place themselves in contempt of court
4
Q
where are these duties located?
A
SRA principles and code for solicitors
5
Q
what is the solicitors duty about cases?
A
the solicitor has a duty to draw the courts attention to relevant cases and statutory provisions or procedural irregularities.
6
Q
what are solicitors duties to third parties?
A
not to take unfair advantage, owns a duty of care to the reference. duty of care to beneficiaries if PR of an estate.
