A barrister's duty of loyalty to a former client does not extend to keeping secret evidence of criminal conduct obtained independently of the retainer and after it has concluded. No authority supports the proposition that a lawyer breaches a duty of loyalty by informing police of evidence obtained otherwise than through the retainer. The prosecution's duty of disclosure extends to payments made by police to witnesses pending their giving evidence, even where the information is held only by investigating police rather than prosecuting authorities. However, non-disclosure of such payments will not constitute a substantial miscarriage of justice where the Crown case is overwhelming without the impugned witness's evidence.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.