Duties to the opponent Flashcards
- No false or misleading statement to opp (incl. re compromise)
A barrister must not knowingly make a false or misleading statement to an opponent in relation to the case (including its compromise).
- Correct false or mislead statement asap
A barrister must take all necessary steps to correct any false or misleading statement in relation to the case made by the barrister to an opponent as soon as possible after the barrister becomes aware that the statement was false or misleading.
- No breach by failing to correct opp error
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 the opponent.
- Must not deal direct with represented party
A barrister must not deal directly with a party other than his or her client who is legally represented unless:
(a) the substance of the dealing is solely to enquire whether the person is represented and, if so, by whom,
(b) the legal practitioner representing the party has previously consented, or
(c) the barrister believes on reasonable grounds that:
(i) the circumstances are so urgent as to require the barrister to do so, and
(ii) the dealing would not be unfair to the party.
- Must not deal with unrep unless that party willing
A barrister must not confer with or deal directly with any party who is unrepresented unless the party has signified willingness to that course.
- Must not deal with court in opp absence unless court first contact or opp consent
A barrister must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent’s absence with the court concerning any matter of substance in connection with current proceedings unless:
(a) the court has first communicated with the barrister in such a way as to require the barrister to respond to the court, or
(b) the opponent has consented beforehand to the barrister dealing with the court in a specific manner notified to the opponent by the barrister.
- If deal with court, promptly inform opp
A barrister must promptly tell an opponent what passes between the barrister and a court in a communication referred to in rule 54.
- Must not raise matters with court beyond consent given under r 54(b)
A barrister must not raise any matter with a court in connection with current proceedings on any occasion to which an opponent has consented under rule 54 (b), other than the matters specifically notified by the barrister to the opponent when seeking the consent of the opponent.
