Duty to opponent

Question 1

Rule 49 - False or misleading statement

Answer 1

A barrister must not KNOWINGLY make a false or misleading statement to an opponent in relation to the case (including its compromise)

Question 2

Rule 50 - Correction thereof

Answer 2

Barrister must take all necessary steps to correct if do asap after barrister becomes aware statement was false or misleading.

Question 3

Rule 51 - Failure to correct opponent error

Answer 3

A barrister does not make a false or misleading statement to an opponent simply by failing to correct an error on any matter stated to the barrister by opponent.

Question 4

Rule 52 - Direct dealing

Answer 4

Mustn’t deal directly with othr party othr than his/her client who’s LR unless:
○ (a) substance of dealing is only to enquire about whthr they are represented and by whom
○ (b) LP representing the party has previously consented
○ (c) Barrister believes ORG that:
■ (i) Circs are urgent so as to require them to do so;
■ (ii) Dealing would not be unfair to the party.

Question 5

Rule 53 - Dealing with self-rep

Answer 5

A barrister must not confer with or deal directly with any party who is unrepresented unless the party has signified willingness to that course

Question 6

Rule 54 and 56 - Court communications in opponent absence

Answer 6

Outside of an ex parte application or a hearing of which opponent has had proper notice, can’t communicate with court in other party’s absence concerning any MATTER OF SUBSTANCE in connection with current proceedings unless:
○ (a) Court has first communicated with barrister in such a way as to necessitate a response; or
○ (b) Opponent has consented beforehand (Rule 56: confine to items they have consented in relation to)

Question 7

Rule 55 - Debrief

Answer 7

Barrister must promptly tell an opponent what passes between them and a court in a communication referred to in rule 54.