header-logo header-logo

10 February 2021 / Matthew Happold
Issue: 7920 / Categories: Features , Profession , International justice
printer mail-detail

The cab rank rule: English barristers in foreign courts

38905
When the cab rank rule is no longer a defence: Matthew Happold on considerations when accepting instructions overseas
  • Barristers have hit the headlines recently for taking instructions on controversial cases in foreign jurisdictions, to which the cab rank rule obliging a barrister to accept any work does not apply.
  • When accepting such cases, barristers should bear in mind whether those foreign proceedings are at odds with their core duties under the Bar Standard Board’s Code of Conduct, particularly in politically sensitive cases.

Recent events have put barristers’ professional ethics in the spotlight and raised questions about the scope and importance of the cab rank rule. News last month that David Perry QC had accepted instructions to prosecute a number of prominent pro-democracy activities in the Hong Kong courts gave rise to extensive, often virulently expressed, criticism. Foreign secretary Dominic Rabb said that he could not understand how ‘anyone of good conscience’ could agree to act in such a case. Baroness Kennedy QC called Mr Perry’s decision ‘a source of shame’. Shadow attorney general and former

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll