Under which circumstances may a barrister communicate with the court about a matter of substance in the absence of the opponent?

• A. In all circumstances, with the opponent's knowledge.
• B. Only in an ex parte application or a hearing with proper notice, or if the court requires a response, or with prior consent from the opponent to a specified manner notified to the opponent.
• C. Never, under any circumstance.
• D. If the barrister believes it is necessary and informs the opponent after.

Answer: (B)

This question tests the rule that a barrister may speak to the court about a matter of substance without the opponent only in tightly controlled, allowed situations to protect fairness. The allowed circumstances are when dealing with an ex parte application or a hearing where proper notice has been given, or when the court itself requires a response, or when the opponent has given prior consent to a specified manner of contact that has been notified to them. These options ensure that the other party isn’t unfairly prejudiced by secret or unilateral communications, while still permitting urgent or court-directed situations to proceed. The other choices would undermine fairness: communicating without any of these safeguards would risk prejudice, and leaving it to the barrister’s unilateral judgment or doing it “afterward” isn’t permitted.