What is the remedy for a breach of the rule of practice?
Alberta, Canada
The following excerpt is from R. v. Melnick, 2005 ABPC 220 (CanLII):
The Law Lords in Browne v. Dunn did not clearly identify a proposed remedy where there was a breach of the rule of practice. Some of the early jurisprudence suggested that counsel risked an adverse inference to their position should they fail to cross-examine. More recent jurisprudence has receded somewhat from that position leaving it to the discretion of the trial judge to determine what remedy ought to be applied.
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