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10 February 2021 / Matthew Happold
Issue: 7920 / Categories: Features , Profession , International justice
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The cab rank rule: English barristers in foreign courts

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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