The incompetence of counsel ground for setting aside a civil judgment requires demonstration of 'flagrant incompetence' linked to a specific adverse consequence, and the standard is even more robust in civil proceedings than in criminal proceedings. A solicitor advocate's failure to call expert evidence, combined with demonstrated misunderstandings of the rules of evidence and procedure, may rise to a level of incompetence but does not necessarily constitute 'flagrant incompetence' sufficient to establish a miscarriage of justice.
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