The Glebe Sugar Refining Company Ltd v The Trustees of the Port and Harbours of Greenock, 1921 SC HL 72
Citation:The Glebe Sugar Refining Company Ltd v The Trustees of the Port and Harbours of Greenock, 1921 SC HL 72
Rule of thumb:Are advocates and barristers supposed to allow a Judge to pass a Judgment which they know is wrong law if it is in their client’s favour? No, advocates and barristers are supposed to explain to the Court what the correct legal position is, even if it is adverse to their client’s interests – they are not supposed to lead a Judge to make errors of law in the Judgment.
Judgment:
Advocates & Barristers are expected to bring the Court’s attention to all the relevant legal authorities, and not just the authorities that support their own cases. It is only in relation to the facts that advocates and solicitors are not supposed to put forward if they are adverse to their client.
Ratio-decidendi:
‘It is not of course in cases of complication possible for their Lordships to be aware of all the authorities, statutory and otherwise, which may be relevant to the issues which in the particular case require decision. Their Lordships are therefore very much in the hands of Counsel, and those who instruct Counsel, in these matters, and this House expects, and indeed insists, that authorities which bear one way or the other upon matters under debate shall be brought to the attention of their Lordships by those who are aware of the authorities. This observation is quite irrespective of whether or not the particular authority assists the party which is so aware of it. It is an obligation of confidence between their Lordships and all those who assist in the debates in this house in the capacity of Counsel’, Lord Chancellor Birkenhead at 73
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.