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 [...]
Entries from May 2006
Conway v Ratiu: solicitors' fiduciary duties
May 5th, 2006 · No Comments
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 [...]
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 [...]
Tags: Discipline · Legal Practice Act · costs

