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

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Entries Tagged as 'Negligence'

Seems the implied waiver hystericals were right after all

July 16th, 2008 · No Comments

Lawyers Weekly has an article by some folk at Allens noting Justice Branson's decision in Rich v Harrington [2007] FCA 1987, a mega anti-discrimination suit brought by Christina Rich, a former partner of PricewaterhouseCoopers Australia against the other partners. There are so many privilege cases which come out, it's hard to know which ones to [...]

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Tags: legal professional privilege

Negligent misstatement limitation period lecture

June 9th, 2008 · 1 Comment

Update, 20 November 2008: The latest decision is Pegasus Management Holdings S.C.A. v Ernst & Young (a firm) [2008] EWHC 2720 (Ch).  A CMS Cameron McKenna Law Now note may be read here.
Original post: The Law Institute is putting on a lecture at lunchtime on 24 June 2008 by an ex-megafirms lawyer who has [...]

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Tags: Fiduciary duties · Limitations of actions · Negligence · defences

Detailed causation analysis in solicitor's negligence case

May 20th, 2008 · No Comments

Walton v Efato Pty Ltd [2008] NSWCA 86 was the subject of this sister post in relation to advocates' immunity. But the case is also interesting for the detailed analysis given in relation to causation, which is the subject of this post. The Court found that the solicitor's failure to lodge within time an [...]

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Tags: Causation · Negligence

NSW Court of Appeal on advocates' immunity for out of court work

May 20th, 2008 · No Comments

The NSW Court of Appeal dismissed an appeal from a decision finding that a solicitor was not immune from a negligence suit based on a failure to prepare evidence promptly, though its comments in relation to immunity were obiter dicta [102]. Although the evidence did get adduced after a change of solicitors and before the [...]

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Tags: Advocates' Immunity · Barristers' immunity · Forensic immunity · Negligence · Wasted costs · defences

Ohio State Medical Association Frivolous Lawsuits Committee scores 3 victories against med neg plaintiff lawyers

March 10th, 2008 · No Comments

The Ohio State Medical Association's Frivolous Lawsuit Committee defended 3 frivolous medical negligence suits against members and funded counterclaims by the defendant doctors against the plaintiff's solicitors for bringing hopeless claims. The doctors succeeded.

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Tags: Negligence · defences · doctors

So long as you don't intentionally fail to turn up when briefed, no problem

January 25th, 2008 · No Comments

Senior Member Howell's decision in Crawford v Kennedy [2008] VCAT 5 begins:
'Mr. Gilbert Crawford was a defendant in proceedings to be heard in the Magistrates’ Court on 29 March 2006. He was impressed by [the late] Mr. Peter [H] QC when he saw Mr. [H] on a television programme. Mr. Crawford went to [...]

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Tags: Ethics · Negligence · Uncategorized · litigation ethics

Why you needn't call a solicitor an 'Australian legal practitioner'

December 10th, 2007 · No Comments

Update: The nice thing about blogging compared with, say, writing a book (not that I would know) is the interactivity.  Lawyers are obviously still a bit chary of the comment function, given how many of them email me rather than comment.  Nothing prompts the sharpening of e-pencils quite like an error, and it seems I [...]

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Tags: Legal Profession Act · Legal writing · Negligence

Getting documents out of insurers

December 3rd, 2007 · No Comments

If I recall correctly, one of my first contested hearings as a young solicitor was about whether the claim for privilege over a loss adjuster's report in an affidavit of documents drafted by me was kosher.  I went on to write an article on the subject in that august journal, the newsletter of Women in [...]

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Tags: Client Legal Privilege · legal professional privilege

Judge says finality has overtaken intimate connection as immunity touchstone

December 2nd, 2007 · No Comments

A New South Wales District Court judge has handed down an important decision on advocates' immunity, which is under appeal. The case is Fowler v La Fontaine [2007] NSWDC 207. It is a case which explores what the test for the immunity really is now that the High Court has said 'it's [...]

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Tags: Advocates' Immunity · Barristers' immunity · Forensic immunity · Negligence · defences

Two new cases from NSW

December 2nd, 2007 · No Comments

Here's a 37,000 word long judgment in a professional negligence case against a solicitor which began in early 2000: Rebenta Pty Ltd v Wise [2007] NSWSC 1332. It does not discuss many issues of law. The reason one might want to look at it is that it is one of those rare cases where [...]

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Tags: "disgraceful and dishonourable" · Admission · Criminal liability · Discipline · Misconduct · Negligence · common law