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I haven't read the Telegraph article, for obvious reasons, but apparently the opinion in question dates back to 1987. And while I'm no expert on the ECHR, I have been required to deal with ECHR arguments in the course of my professional practice, and I'd say it's obviously complete bollocks. To use the technical legal terminology.
The cab rank rule would apply to him. He's currently a barrister in private practice, and so will be bound by the Bar Standards Board Code of Conduct, which includes the cab rank rule.