The Cab Rank Rule

Question 1

What is the ‘Cab Rank Rule’?

Answer 1

If a barrister is available for hire, they must serve the first client that ‘hails’ them.

Question 2

When MUST instructions be returned?

Answer 2

1. Publicly funded case and it is discovered that the funding has been obtained wrongly.
2. If the barrister is made aware of information which must be disclosed, but the client refuses to disclose this.
3. If a document has not been disclosed by mistake and the client refuses to allow it to be disclosed.

Question 3

When can the cab rank rule be disapplied?

Answer 3

1. On the basis of performing activity ‘other than in the course of their ordinary working time’
2. Diary Clash
3. If it creates significant potential for professional negligence liability
4. If it requires foreign work
5. If the professional client represents an ‘unacceptable credit risk’
6. If proper fee is not offered
7. Where fees have not been agreed