Non-discrimination rules

1.    A barrister must not refuse a case on the following grounds:

1. that the nature of the case is objectionable to them or to any section of the public;
2. that the conduct, opinions or beliefs of the prospective client are unacceptable to him or to any section of the public; or
3. because of a protected characteristic as set out in the Equality Act 2010

2.    A barrister must not, in their professional practice, discriminate unlawfully against, victimise or harass any other person on the grounds of race, colour, ethnic or national origin, nationality, citizenship, sex, gender re-assignment, sexual orientation, marital or civil partnership status, disability, age, religion or belief or pregnancy and maternity.

The effect of these two rules is that, whilst the ‘cab rank’ rule does not apply to direct access cases, you must not discriminate in the way you accept, refuse or carry out public access instructions. Potential clients may feel aggrieved if a barrister refuses to take on a case and may allege that they did so for improper reasons. It would be prudent for a barrister refusing a case to make a brief note of the reasons for so doing in case this is questioned in future.