Investigating and colelctive evidence

Question 1

When must you not accept a brief ro conducr trhe case in court?

Answer 1

if you are involved in
INVESTIGATION ADN COLLECTION OF EVIDENCE in circumstances where you might be needed to give evidence about those activites

Question 2

The investigation and colelction of evidence includes:

Answer 2

taking witness statements when interviewing a potential witness with a view to preparing a statement

Question 3

this rule doesnt extent to:

Answer 3

settling a witness statement (i.e. drafting statemnet ) from “proof of evidence” statemnet already taken by another

Question 4

this rule does not apply to:

Answer 4

a case where a barrister properly accepts a brief and then, as part of his conduct of case AT COURT, has to URGENTLY take a stamtent from his client or witnes.

It applies where a barrister has invesitgated or collected evidence BEFORE arriving at court

Question 5

Appearing in a case in breach of this rule:

Answer 5

exposes barrister to risk of WASTED COSTS ORDER if case must be adjourned as a result of barrister’s withdrawal from case, as well as ENFORCEMENT ACTION taken by BSBS.

Question 6

yOU HAVE A DUTY TO:

Answer 6

Keep under review whether you should continue to act in any case in light of developments which might engage this rule.