Tombling v Universal Bulb Co Ltd, 1951 2 TLR 289

Citation:Tombling v Universal Bulb Co Ltd, 1951 2 TLR 289

Link to case on WorldLII (reference).

Rule of thumb:What does mean that advocates/barristers have to act independently? Do they not have a duty to the client? An advocate should all they can to protect their client, including not asking certain questions or not presenting certain evidence or certain sources of law, but never actually cross the line of misleading the Court on the facts to be reasonably inferred evidence or the meaning of the authorities they present.

Judgment:

‘The duty of Counsel to his client... is to make every honest endeavour to succeed. He must not of course knowingly mislead the Court either on the facts or the law, but short of that, he may put such matters in evidence or omit such others as in his discretion he thinks will be most to the advantage of the client... The reason is because he is not the judge of the credibility of the witnesses or of the validity of the arguments. He is the only advocate employed by the client to speak for him and present the case, and he must do it to the best of his ability, without making himself the judge of its correctness, but only of its honesty’, Denning LJ at 297

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.