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Rules of Practice 1994 (S.R. 1994, No. 229)
Requested:  25 May 2017
Consolidated as at:  17 Mar 2006

94. Acceptance of briefs

(1) Subject to subrule (2), a barrister must accept a brief in any court in which that barrister practises unless, as a result of that brief, the barrister is required to cross-examine a relative or friend.
(2) A barrister must not accept a brief –

(a) in a matter in which the barrister has advised or drawn or settled pleadings for any other party, without the consent in writing of that party; or

(b) for or against a local authority of which the barrister is a member; or

(c) for or against a company of which the barrister is a member of the board of directors; or

(d) in a matter over which a tribunal of which the barrister is a member has jurisdiction; or

(e) in a matter in which the barrister has special knowledge of the case obtained when acting in the interests of the opposing party, without the consent in writing of that party; or

(f) for a party to an arbitration on any proceeding arising out of the arbitration or the award made at the arbitration, if the barrister has advised the arbitrator in relation to the arbitration; or

(g) in a matter in which the barrister may be required as a witness; or

(h) in an appeal from any decision, determination or award given after a hearing in which the barrister was a witness; or

(i) if the barrister knows or ought to know that his or her professional conduct may be called into question; or

(j) on the taxation of costs of the barrister's briefing legal practitioner; or

(k) in a matter in which the barrister has a financial interest in the outcome.


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CURRENT VIEW: 31 Dec 1994 - 1 Oct 2016
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