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13 November 2015 / Dr Jon Robins
Issue: 7676 / Categories: Features
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Pulling rank

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Is the cab rank rule still in operation, asks Jon Robins

It was the late John Mortimer’s most celebrated fictional creation that caught the conflict inherent in the cab rank rule between high principle and abject submissiveness. “I’m a black taxi, plying for hire,” said Horace Rumpole. “I’m bound to accept anyone, however repulsive, who waves me down and asks for a lift.”

The proud boast was that the poorest, least popular of defendants could be represented by the Bar’s finest—because, like taxis, they were required to take the first fare that comes along. Earlier this year the justice minister (and barrister) Lord Faulks described the “cab-rank rule” as “a cardinal principle” of the Bar.

Questioning the rule

Frankly, that’s pushing it. As a recent correspondent to the Law Society Gazette pointedly noted, cabs are no longer so obliged and, so numerous are the exceptions available to members of the Bar, neither are barristers—at least, not in any meaningful sense.

In a 2013 report commissioned by the Legal Services Board, the authors—professors John Flood

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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