What is the barrister's overriding duty to the court?

• A. To act with independence in the interests of justice
• B. To win the case
• C. To ignore conflicting evidence
• D. To reveal client confidences to court

Answer: (A)

The essential duty being tested is the barrister’s obligation to act with independence in the interests of justice. This means advocating for the client while remaining free from undue influence and, crucially, focusing on fairness and the truth before the court. Independence ensures the court receives candid, properly presented evidence and arguments, and it prevents professional judgments from being swayed by the client’s wishes if those wishes would undermine justice.

This duty also underpins honesty and candour before the court, requiring the barrister not to mislead, distort, or conceal material facts or law. Confidential client information is protected by privilege, so revealing confidences to the court is not the overriding duty and would violate that protection, except in narrowly defined exceptions. Notably, the aim is justice, not simply winning, and ignoring conflicting evidence would compromise the court’s ability to determine the truth.