The claimant’s allegation of professional negligence against his barrister for the conduct of his criminal trial had been dismissed. He now sought leave to appeal. The decision had been made not to alert the judge to a deficiency in the alibi warning he had given.
Held: The judge was entitled to conclude that the applicant had failed to establish that there was a breach of duty. The choice made by counsel might have been better, but had not been shown to have been negligent.
Citations:
[2004] EWCA Civ 820
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Popat v Barnes QBD 7-Apr-2004
The claimant had at first been convicted of a rape, but acquitted after a second appeal. He now sued the barrister who had represented him at the trial alleging negligence in (inter alia) failing to present fully the alibi evidence.
Held: . .
Cited by:
Application for leave to appeal – Popat v Barnes QBD 7-Apr-2004
The claimant had at first been convicted of a rape, but acquitted after a second appeal. He now sued the barrister who had represented him at the trial alleging negligence in (inter alia) failing to present fully the alibi evidence.
Held: . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 11 June 2022; Ref: scu.198509