Session Catalogue


The Harman Obligation: Policy, Procedure and Punishment


Paul Hayes and Elizabeth Bennett shed light on the important Harman obligation and counsel’s duty to the Court. Paul Hayes presents a paper on the consequences of not abiding by the obligation and implicit risks. Elizabeth Bennett speaks on the ways in which the obligation can operate, and its intersection with other guiding principles.



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Full Description

Rodney Garratt QC chairs a discussion by Paul Hayes and Elizabeth Bennett on the Harman obligation. Mr Hayes presents a paper addressing the Harman obligation, spurred by the recent lack of knowledge amongst young advocates and solicitors, of the important obligation best posited in the overriding professional obligation to the Court. Hayes, concerned by the consequences of not abiding by the obligation, speaks on the risks implicit in breaching the Harman obligation and how to identify the risks when they arise in the hope of avoiding the use of documents for an impermissible collateral purpose. Ms Bennett speaks from experience on the surprising and unexpected ways in which Harman can operate, including certain types of cases involving regulators documents, and the interconnection with the public interest immunity.


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