Stephen Warne on professional negligence, regulation and discipline around the world

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Entries from May 2006

Conway v Ratiu: solicitors' fiduciary duties

May 5th, 2006 · No Comments

Conway v Ratiu [2005] EWCA Civ 1302, [2006] 1 All ER 571 (note), [2005] All ER (D) 103 (Nov) (full decision) English Court of Appeal (Auld LJ gave the lead decision with which Laws and Sedley LJJ agreed)
This report is an extract of 10 paragraphs from a defamation case in which, somehow or other, it [...]

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Tags: Fiduciary duties · conflicts · duty and duty

Open offer under cover of denial of negligence averts hearing

May 5th, 2006 · 1 Comment

Chen's Case [2006] VCAT 748 (Senior Member Howell): costs; s. 132(b); s. 133(2); s. 407 (see the associated disciplinary decision here)
A solicitor averted being found negligent by openly offering to pay the claimant the maximum amount VCAT could award under cover of a denial of negligence. Mr Howell found that it would not be [...]

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Tags: Legal Practice Act · Negligence · costs · two bites at the cherry

Costs of prosecutor's in-house lawyers

May 4th, 2006 · No Comments

Law Institute of Victoria v SA [2006] VCAT 742
A solicitor's prima facie sound argument — that the indemnity principle at the heart of the common law's costs jurisprudence meant that the Law Institute should not be entitled to its in-house solicitor's costs of the prosecution — failed. The reason: because the LIV was engaging [...]

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Tags: Discipline · Legal Practice Act · costs