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I don't understand what it was about being a direct access barrister that prevented him giving the correct advice. After all, that is one of counsel's core responsibilities. My guess is the 'unbundled' (to use that hateful term) nature of the DAB service was the problem - that she had him on tap to plug in where and when she thought she needed him, so that he was not in continuous charge of the whole case and thus did not have reason to check the correct appeal path. But perhaps I have mis-read the article.