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

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Entries Tagged as 'Litigation estoppels'

Does a subrogated claim give rise to a general res judicata if an insured’s loss is partly insured and partly uninsured?

September 5th, 2016 · No Comments

In De Armas v Peters [2015] NSWSC 1050, the Supreme Court of NSW declined to grant leave to appeal from a decision of the Local Court.  The Local Court had allowed a man to sue for the cost of repairs to his car, even though he had previously sued her for car hire costs he incurred while […]

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Tags: Abuse of process · Civil Procedure Act 2010 (Vic) · Insurance · Legal writing · Litigation estoppels · Negligence

The finality of the proceeding stayed pending further order

November 13th, 2009 · No Comments

Stays scare me.  I suspect they attract obscure law that my opponents know but I don’t.  Why does the law need the permanent stay? How is it different from a judgment?  When is a stay a permanent stay, and when not? A solicitor friend who is one of the most experienced professional negligence lawyers in […]

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Tags: Abuse of process · Litigation estoppels

Tendency evidence in solicitor’s negligence case

December 23rd, 2008 · No Comments

Vaccaro v Flammia [2008] NSWSC 1322 is a tantalizing case about the admissibility of tendency evidence of dishonesty against a solicitor and about issue estoppel arising from earlier cases brought by others against the same solicitor.  It was decided against the uniform evidence legislation which has been introduced into Victoria by the Evidence Act, 2008 […]

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Tags: Litigation estoppels · Negligence

More cases

May 30th, 2008 · No Comments

I only just caught up with the fact that the Court of Appeal has overturned Justice Gillard’s decision in Kabourakis v Medical Board of Victoria [2005] VSC 493, the subject of an earlier post. See [2006] VSC 301. VCAT’s Vice President Harbison, sitting in the Legal Practice List for the first time I am aware […]

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Tags: autrefois acquit · Discipline · doctors · Fair Trading Act · Legal Services Commissioner · Litigation estoppels · procedure · prosecutorial failures · prosecutors' duties · regulators' duties

Anshun estoppel’s application to the post-fees case professional negligence claim

March 19th, 2008 · No Comments

To what extent can you defend a suit by your solicitor for fees and then turn around after settlement, or after the trial of that suit, and sue for negligence? The leading Victorian case on the question is Delahunty v Howell, unreported, Supreme Court of Victoria, Gray J, 12 May 1993 (BC9300688). It was an […]

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Tags: Litigation estoppels · Professional fees and disbursements

Once the time for taxation runs out, the solicitor can sue on the bill as a simple debt

February 12th, 2008 · 1 Comment

I have never been quite clear about what you have to prove in a suit for fees. I was attracted to the proposition that if a client wants to go through a bill item by item, the place to do that is in a taxation, and if they do not go down that path, or […]

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Tags: Litigation estoppels · Professional fees and disbursements · Solicitor client bills of costs · Taxations

Accord and satisfaction as a defence to a professional negligence claim

October 13th, 2007 · No Comments

In Anfuso’s Case [2007] VCAT 1690, Member Butcher of VCAT’s Legal Practice List gave summary judgment for a solicitor by reference to the principles of accord and satisfaction. The solicitor had sued for her fees in the Magistrates’ Court. She got default judgment against her former client, and got an order that his employer pay […]

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Tags: defences · Litigation estoppels · Negligence

Defence found to be an abuse of process in the form of a collateral attack; Disciplinary ruling prima facie evidence in later civil trial

December 17th, 2006 · No Comments

The latest Australian Law Journal has a critical note about Conlan v Simms [2006] EWHC 401 (Ch), in which an English High Court judge held that a ruling of the Solicitors Disciplinary Tribunal was prima facie evidence in a later civil trial that the solicitor had been struck off for dishonesty, watering down the proposition […]

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Tags: Litigation estoppels