The importance of obtaining signed and dated instructions

The recent Court of Appeal case of R v Connolly [2025] EWCA Crim 657 provides a timely reminder to lawyers of the importance of getting their client to endorse their advice and to clearly confirm their instructions.

Obtaining such is not just best practice but it also provides professional protection, especially against a disgruntled client.

The Court of Appeal heard oral testimony from Mr. Muir, Ms. Connolly’s initial defence advocate, who had quite properly warned her of the consequences of pleading guilty to inciting racial hatred (at Category 1 of the sentencing guidelines) contrary to section 19(1) of the Public Order Act 1986.

Fortunately, Mr. Muir advised Ms. Connolly accordingly and obtained her signed endorsement in support of his advice, as follows:

“I Lucy Connolly [date of birth given] confirm that I do not wish to enter a basis of plea and I understand that this means I am conceding that at the point I published the tweet I intended to incite as per the category 1 feature. I do this as I do not believe I will be successful at a Newton hearing and I do not want to risk my credit. This is my decision under no pressure from anyone else. I know therefore that this would be a category 1A offence with a starting point of 3 years’ imprisonment.”

As above, never underestimate the importance of obtaining signed instructions and an endorsement of your advice by those you represent, as you might need to evidence such should you ever be doubted or challenged.

For further details:

Lucy Connolly [2025] EWCA Crim 657 – CrimeLine

[2025] R v. Connolly: Inciting Hatred in a Changing EnvironmentTHE IMPORTANCE OF CONTEMPORANEOUS ATTENDANCE NOTES EXAMINED IN THE COURT OF APPEAL (BUT A DIFFERENT DIVISION TO THE ONE WE USUALLY LOOK AT) – Civil Litigation Brief