SQE Daily.

Duty to cite an adverse Court of Appeal decision the opponent has missed (Code 2.7)

Daniel Mensah, a solicitor-advocate, represents the defendant in a County Court breach of contract claim. His client's defence depends on arguing that an exclusion clause printed on a delivery note was incorporated into the contract. While preparing for trial, Daniel finds a recent Court of Appeal decision on materially indistinguishable facts which holds that such a clause was not incorporated. The claimant is a litigant in person and has not cited it. The judge has not mentioned it.

Which of the following best describes what Daniel must do?

Choose one answer to see the reasoning.

  1. Ethics & Professional Conduct · FLK1No. L129

    Client instructs solicitor to withhold and delete a damaging disclosable document (Code 1.4 and 2.1)

    What should Hannah do?

  2. Ethics & Professional Conduct · FLK1No. 21

    Acting against a former client whose confidential information you hold (SRA Code paras 6.3-6.5)

    Which of the following best describes whether Ashby Cole LLP may act for Petra?

  3. Ethics & Professional Conduct · FLK1No. L128

    Joint clients forming a company who then disagree on a shareholders' agreement term (Code 6.2)

    Which of the following best describes the firm's position under the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs?