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08 February 2007
Issue: 7259 / Categories: Case law , Law digest
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LEGAL PROFESSION

Re Boodhoo (wasted costs order) [2007] EWCA Crim 14, [2007] All ER (D) 219 (Jan)

The defendant failed to attend his trial. The defence sought an adjournment but the judge refused. The defence team withdrew. The judge made a wasted costs order against the defence solicitor.

HELD
“Fundamental questions of trust between lawyers and litigants arise when a defendant absents himself, as do practical questions as to the conduct of the trial. The role of the independent professional advocate in the administration of justice must be borne in mind and also the need not to undermine it by illegitimate pressures.

Of course, we do not wish to discourage solicitors or counsel from giving all possible help to the court and there are likely to be cases in which legal representatives feel able to continue in the absence of the lay client and that it is appropriate for them to do so. An example might be where it can properly be inferred that a defendant expects them to do so in his absence. Another…might be when a legal point is available which will, in itself, defeat the prosecution case.

These examples are not of course exhaustive. The discretion to withdraw should be respected where the legal representatives genuinely believe that, having regard to the defendant’s best interests, that defendant cannot properly be represented by them. The rules on legal aid do also allow for the appointment by the court of different counsel to represent an absent defendant, counsel without the baggage of earlier instructions. There may be occasions on which that course is appropriate.” (paras 49 and 50, per Lord Justice Pill.)
 

Issue: 7259 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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