24 February 2018

BSB Handbook Explained: Conflicts of interest

Barristers should be aware of changes to the rules on conflicts of interest in the third edition of the BSB Handbook, which came into force on Monday 3 April 2017. Rules C21.2 and C21.3 are now as follows, with new text in bold:

You must not accept instructions to act in a particular matter if: 

.2 there is a conflict of interest,or a real risk of a conflict of interest,between your own personal interests and the interests of the prospective client in respect of the particular matter; or 

.3 there is a conflict of interest,or a real risk of a conflict of interest,between the prospective client and one or more of your former or existing clients in respect of the particular matter unless all of the clients who have an interest in the particular matter give their informed consent to your acting in such circumstances.

The third edition of the BSB Handbook and more information on the new provisions can be found on our website.