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Entries Tagged as 'defences'

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

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

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

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 [...]

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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 [...]

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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

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: Litigation estoppels · Negligence · defences

NSW Supreme Court says solicitor immune from suit for out of court omissions

October 12th, 2007 · 1 Comment

The New South Wales Supreme Court yesterday gave judgment for a solicitor on an advocates' immunity defence to a claim of professional negligence in respect of out of court work by the solicitor. The decision of Justice James was in the matter of Coshott v Barry [2007] NSWSC 1094. This disciplinary decision seems to be [...]

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

Federal Court Dishes Out Some Serious Proportionate Liability Interpretation

August 21st, 2007 · No Comments

Melbourne's Justice Middleton has dished out some serious interpretation of the Victorian and federal proportionate liability regimes and, what's even more useful, their interrelationship, in Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd [2007] FCA 1216, a decision at an early stage of the proceedings. It is a classy judgment in a matter [...]

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Tags: Negligence · Proportionate Liability · defences

Justice Hollingworth unpicks the proportionate liability provisions

August 20th, 2007 · No Comments

In Woods v De Gabriele [2007] VSC 177, Justice Hollingworth has tentatively unpicked some difficult parts of the federal and Victorian proportionate liability provisions in Part IVAA of the Wrongs Act, 1958 (the relevant provisions are here), and in the Corporations Act, 2001 (Cth) and Australian Securities and Investments Act, 2001 (Cth) Division 2, Subdivision [...]

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Tags: Negligence · Proportionate Liability · defences