8.5 Priority of instructions

8.5.1 The general rule is that instructions take priority according to the date, or if on the same date the time, when they are delivered.Once accepted, instructions would generally take priority over all subsequent instructions.

8.5.2 Entries in the diaries kept by the Advocates’ clerks confer no priority whatsoever.

8.5.3 Notwithstanding the general rule, the following considerations are relevant in determining which instructions should be accepted-

（a）the precedence of the Court concerned.The order of precedence for this purpose is-

Court of Justice of European Communities

European Court of Human Rights

House of Lords and Judicial Committee of the Privy

Council High Court of Justiciary exercising its appellate jurisdiction High Court of Justiciary

Inner House of the Court of Session

Outer House of the Court of Session

Other Courts and tribunals

（b）in the case of an appeal, that Counsel has appeared for the client in the Court below;

（c）in the case of an adjourned diet or continued hearing, that Counsel appeared at the previous diet or hearing;

（d）in the case of a proof or trial, that Counsel has been involved to a substantial extent in drafting the pleadings, debating the pleadings at Procedure Roll, consulting with the client and/or advising on the pretrial or pre-proof preparations;

（e）in the case of a debate on pleadings, that Counsel was responsible for drafting or revising the pleadings, particularly where a difficult or delicate point of law is involved to which Counsel has already devoted a substantial amount of time and research;

（f）that the client and/or the instructing person has come to rely to an unusual extent on Counsel’s advice and guidance;

（g）that because of the nature or circumstances of the case, or because of the limited time available, it would be unusually difficult for other Counsel adequately to prepare the case;

（h）that the instructing solicitor has taken steps beforehand to check the availability of Counsel with Counsel’s clerk; and

（i）that a fee has been tendered with instructions or, conversely, that the instructions are given on the basis that no fee, or only a modified fee, will be paid.

8.5.4 The extent to which any of the foregoing considerations outweigh the others or justify a departure from the general rule is a matter of judgement and conscience in the light of all circumstances.Counsel may think it right, as a matter of Courtesy, to explain the reasons for his decision to the solicitor（s）concerned.But he should not allow himself to be drawn into an argument on the subject, and if that is likely to happen, he should explain his reasons to his clerk and leave him to deal with the matter.If in doubt as to what his decision should be, Counsel should act in accordance with Section 7（duty to seek advice）.