Litigation was settled for several million dollars. The release said
‘5. The plaintiffs hereby release the defendants from all claims, actions, suits, demands arising from or in any way connected with the Proceedings, the allegations contained in the Statement of Claim and of the liquidation of the third plaintiff.’
That’s the kind of release you can get [...]
Entries Tagged as 'defences'
The construction of the full common law release
April 24th, 2009 · No Comments
Tags: Negligence · Out of court settlements · defences
Negligence claim against solicitor is a relevant factor in a limitation period extension application, part II
April 23rd, 2009 · No Comments
I posted about this issue, as it arose in a 2007 decision of Justice Forrest, here. Since May 2003, certain Victorian actions for personal injury must be brought within 3 years after the injury was discovered to be attributable to the defendant’s negligence, or 12 years after the allegedly negligence conduct, whichever comes first. Previously [...]
Tags: Limitations of actions · Negligence · defences · doctors
More on the solicitor’s ‘penumbral’ duty of care (or lack of it)
April 15th, 2009 · No Comments
Ever since Heydon v NRMA Ltd [2000] NSWCA 374; (2000) 51 NSWLR 1, the solicitor’s penumbral duty of care, orthodoxy since Hawkins v Clayton (1988) 164 CLR 539, has been looking shaky. The reference to the penumbral duty of care is a reference to the proposition that lawyers may owe duties in tort [...]
Tags: Negligence · Retainers · defences
Latest on whether solicitors engage in trade or commerce: part I
March 1st, 2009 · No Comments
Leong v J P Sesto & Co [2009] VCAT 99 is the latest in the on-again off-again saga of whether solicitors engage in trade or commerce, and, whether, if not, it means that VCAT does not have jurisdiction over claims involving them, and if so, which claims. Senior Member Vassie considered the question in the [...]
Tags: Fair Trading Act · Negligence · conflicts · defences
Negligent misstatement limitation period lecture
June 9th, 2008 · No Comments
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 [...]
Tags: Fiduciary duties · Limitations of actions · Negligence · defences
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 [...]
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.
Tags: Negligence · defences · doctors
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 [...]
Tags: Advocates' Immunity · Barristers' immunity · Forensic immunity · Negligence · defences
Auditors’ liability for failure to ‘blow whistle’ on fraud
November 24th, 2007 · No Comments
English firm CMS Cameron McKenna has published a case note on Case Stone & Rolls Limited (in liquidation) v. Moore Stephens (a firm) [2007] EWHC 1826 (Comm). It is a decision which considers the rule ex turpi causa non oritur actio in the context of a professional liability claim, in this case to a claim [...]
Tags: Negligence · defences
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 [...]
Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · Discipline · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · Uncategorized · Wasted costs · conflicts · defences · doctors · duties of confidentiality · legal professional privilege · two bites at the cherry

