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VA (Solicitor's non-compliance: counsel's duties) Sri Lanka [2017] UKUT 12 (IAC)
(i) Counsel's duty is owed to the client. It does not extend to defending non-compliant instructing solicitors.
(ii) It is for non-compliant instructing solicitors to defend themselves by proactively arranging their attendance before the tribunal in appropriate circumstances.
The Tribunal was blackmailed in this case by the Appellant's representatives on a previous date, 14 July 2016. The order of that date is attached. This is aptly described as "blackmail", in the figurative sense, because while the Tribunal could have refused to adjourn the hearing and insisted upon proceeding, this was in truth a theoretical possibility only given the virtual inevitability that any constitution of the Tribunal would have given paramount importance to the Appellant's right to a fair hearing - in this discrete context, a professionally prepared and properly presented hearing.
I note that the firm of solicitors on record for the Appellants has been representing them during most of the history of these appeals. There is no representative of that firm in attendance at today's hearing. Given the circumstances prevailing, this is inexcusable. Given the events of 14 July 2016, the recurrence of comparable egregious professional default almost defies belief.
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