The judiciary, legal institutions and duties to the court — SQE1 Legal system question
A worked single-best-answer question on the judiciary, legal institutions and duties to the court, with why each wrong option is wrong — the way SQE1 traps candidates.
Quentin, a solicitor with higher rights of audience, is representing Riverbank Ltd at a High Court hearing. While preparing, he finds a recent Court of Appeal decision that is directly against Riverbank's main argument. Counsel for the other side has not cited it in their skeleton argument, and Quentin suspects they are unaware of it. Riverbank's managing director tells Quentin not to mention the case, saying 'it is their job to find it, not ours'.
What should Quentin do?
- AFollow his client's instructions, because his duty to act in the client's best interests prevails over any duty to the opposing party.
- BDraw the court's attention to the Court of Appeal decision, because he must bring relevant authorities likely to have a material effect on the outcome to the court's attention even if they are adverse.
- CDisclose the decision only if the judge asks him directly whether there is any adverse authority.
- DDisclose the decision to the opposing counsel privately, but say nothing to the court.
- EWithdraw from the case immediately without explanation, because he can no longer act for Riverbank.
Show answer and reasoning
Rule: A solicitor must draw the court's attention to relevant authorities likely to have a material effect on the outcome, including those adverse to the client.
- A The duty to the court and the administration of justice prevails over the client's interests where the two conflict. (wrong rule)
- C The duty is proactive; waiting to be asked would risk misleading the court by omission. (wrong rule)
- D The duty is owed to the court, so it is not discharged by a private disclosure to the opponent. (answers a different question)
- E Withdrawal is unnecessary; Quentin can comply with his duty to the court and continue to act. (right rule, wrong facts)
Source: SRA Code of Conduct for Solicitors, RELs and RFLs, paras 1.4 and 2.7; SRA Principles 2019, Principle 1
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