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

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Entries Tagged as 'Negligence'

D3 and D4 settle with P and take over P’s case against D1 and D2 (-not)

October 7th, 2016 · No Comments

Taylor v Hobson [2016] QSC 226 is a strange old case. Plaintiffs sued defendants for damages alleging they had been misled into purchasing a business.  They sued the vendors and the vendors’ solicitors, alleging that each of the vendors and the solicitors had made misleading representations.  The solicitors (through their insurer) settled with the plaintiffs.  The […]

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Tags: Abuse of process · Negligence

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

A defendant seeking in Victoria to join a concurrent wrongdoer need not establish a prima facie case by evidence

July 7th, 2016 · No Comments

Here is a link to a presentation by Ross Macaw QC on proportionate liability.  It is produced by benchTV, an enhancement to the long-excellent new case notification service, Benchmark, provided by AR Connoly & Co in Sydney.  Mr Macaw considers Justice John Dixon’s beautifully written judgment in Fabfloor (Vic) Pty Ltd v BNY Trust Company of […]

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Tags: "professional negligence" · defences · Negligence · Proportionate Liability

What quality of work defences are available in a suit for fees where client did not seek taxation?

April 7th, 2016 · No Comments

An Appeal Tribunal within the ACT Administrative Tribunal has put out a neat little decision which makes clear that where solicitors do work and bill it, where the client does not seek taxation within the time for doing so, and the solicitors sue for fees, the tribunal hearing the suit for fees still has, in […]

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Tags: Negligence · Professional fees and disbursements · The suit for fees · Wasted costs

What is the duty of care in tort of a man with florid paranoid schizophrenia?

March 19th, 2016 · No Comments

Some cases are just dead interesting.  Dunnage v Randall [2016] 2 WLR 839, [2015] WLR(D) 287, [2015] EWCA Civ 673 is one of them.  A man sued the estate of his late uncle for compensation for injuries he suffered when his uncle poured petrol on himself and set it alight.  Despite the man’s efforts to prevent […]

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Tags: defences · mental illness · Negligence

Judge puts solicitors’ negligence case on ice pending outcome of High Court challenge to advocates’ immunity

March 18th, 2016 · No Comments

In Cairncross v Anderson [2016] NSWSC 258, Justice Button was asked to summarily dismiss a negligence claim against a solicitor on the basis that it was doomed to fail by virtue of the solicitors having taken the defence of advocates’ immunity.  The negligence is said to have arisen in the course of the Great Southern proceedings in […]

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

Advocates’ immunity abolished in Victoria and NSW

March 14th, 2016 · No Comments

Ok, so the High Court is still ruminating after the recent hearing of an appeal from Jackson Lalic Lawyers Pty Ltd v Attwells [2014] NSWCA 335 in which the immunity was again challenged.  And advocates’ immunity was probably already abolished in certain respects in Victoria by the Civil Procedure Act 2010, s. 29 of which gives anyone who […]

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Tags: Advocates' Immunity · Legal Services Commissioner · National Profession Uniform Law · Negligence

Direct and vicarious liability of bodies corporate for conduct of natural persons

September 22nd, 2015 · No Comments

A woman sued a Melbourne school for injuries and distress occasioned by its headmistress’s sexual abuse of her as a girl.  Represented by Lennon Mazzeo solicitors’ Nick Mazzeo, Dyson Hore-Lacy QC and David Seeman, she obtained judgment from Justice Rush of the Supreme Court of Victoria for $1.25 million, a substantial proportion of which was […]

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Tags: Negligence · Sex and drugs · Sex with clients

Courts must do the best they can to quantify loss even where the evidence is less than ideal

September 10th, 2015 · No Comments

It is not a new proposition, but it is often glossed over by defendants, just like the thoroughly orthodox proposition that legal causation does not require that a wrong be the sole, predominant, or proximate cause of the damage.  The proposition is that where the court is satisfied that a wrong has caused actual loss of […]

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Tags: Causation · Negligence

Costs of a solicitor’s negligence claim which bombed only on causation; costs of the successful solicitor’s unsuccessful proportionate liability defence

July 23rd, 2014 · No Comments

In King v Benecke [2014] NSWSC 957, Mr King alleged that his solicitor was negligent.  The solicitor denied everything and lost on all but one issue, namely causation, with the result that the solicitor got judgment and Mr King only Pyrrhic victories. Mr King argued he should not have to pay all of the solicitor’s costs.  Rather, he argued, […]

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Tags: "professional negligence" · Causation · Negligence · Party party costs