Peter Hungerford-Welch, associate dean, The City Law School, City University London. W www.city.ac.uk/law
In a claim for negligence against a barrister, the standard to be applied is that the barrister must conduct himself in his professional work with the competence (care and skill) of a barrister of ordinary skill who is competent to handle that type of, and weight of, work; a breach of that duty occurs when the error is one which no reasonably competent member of the profession possessing those skills should have made. Th e seniority of a barrister is a relevant factor in measuring the standard of care which is to be expected by a competent barrister who held himself out to be an expert in a particular field. Because of the closer relationship with the client, the barrister must rely to a greater or lesser extent on the solicitor for the factual basis on which the barrister gives his advice. On the other hand, a solicitor is generally entitled to rely on the advice of counsel based on the facts presented to him.
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