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

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Entries Tagged as 'Causation'

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

More Corby saga lawyer shenanigans

March 6th, 2014 · No Comments

I have been saying for a while now that Schapelle Corby’s saga is a case study in the importance of choosing your legal team wisely. Moss v Eagleston [2014] NSWSC 6 provides further analysis of the performance of a lawyer selected by another of the players in the saga. That selection was a selection made by […]

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Tags: Advocates' Immunity · Barristers' immunity · Causation · Negligence

Plaintiffs have no duty to mitigate their losses

July 7th, 2011 · No Comments

I bet the headline got your attention.  But it’s true: I’ve been looking up the law of mitigation these last few days.  And now the Queensland Court of Appeal’s Acting Justice of Appeal Margaret Wilson, with whom President Margaret McMurdo agreed, has concisely reiterated why in  Pialba Commercial Gardens Pty Ltd v Braxco Pty Ltd […]

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Tags: Causation · defences · Negligence

New cases

August 14th, 2010 · No Comments

Legal Services Commissioner v Dempsey [2010] QCA 197 is an unsuccessful appeal from a disciplinary prosecution in which findings of dishonesty were made. Dye v Fisher Cartwright Berriman Pty Ltd [2010] NSWSC 895 is a case in which an application for a costs assessment (NSW version of taxation) outside the allotted 12 month period succeeded. […]

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Tags: amendment · Causation · costs · Discipline · Misconduct · natural justice · Negligence · Penalties privilege · procedure · Professional fees and disbursements · Taxations

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 application […]

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Tags: Causation · Negligence

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser‘s excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It’s good, and there are substantial additions since the first […]

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Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · conflicts · defences · Discipline · doctors · duties of confidentiality · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · legal professional privilege · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · two bites at the cherry · Uncategorized · Wasted costs

More loss of a chance cases

October 10th, 2007 · No Comments

Here’s a useful little article from Curwoods Lawyers on loss of a chance specifically in commercial cases.  I  can never quite keep up with the law on loss of a chance and suspect it’s because (i) there are two parallel lines of authority, one in commercial cases and one in medical negligence cases and (ii) […]

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Tags: Causation · Negligence

English cases on auditors’ liability to third parties and on architects’ liability

October 3rd, 2007 · No Comments

England’s CMS Cameron McKenna, whose free ‘Law Now’ service is well worth subscribing to, have a couple of interesting articles on their website about auditors’ liability to third parties. Apparently, England has devised legislation, the Company Law Reform Bill, providing for ‘Liability Limitation Agreements‘. The big new auditors’ liability case discussed is MAN Nuzfahrzeuge AG […]

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Tags: Causation · Duties to third parties · Negligence