[2004] EWCA Civ 820

A barrister who had made a tactical decision not to draw a judge's attention to his failure to give the Lucas limb of the alibi direction to a jury had not been negligent in deciding not to do so on appeal as well, although she should not have been inhibited by the fact of her earlier decision.

CA (Civ Div) (Latham LJ)

10/06/2004