Do you want BuboFlash to help you learning these things? Or do you want to add or correct something? Click here to log in or create user.

#duty #law #negligence #tort
in a landmark decision, the House of Lords ended the rule that barristers and solicitors enjoyed such immunity.

In Hall (Arthur J.S.) & Co. v Simons [2000] 3 WLR 543, 3 All ER 673, the House of Lords considered a number of appeals in which it was alleged solicitors had been negligent in reaching settlements subsequently approved by the courts. None of the cases involved solicitors acting in the capacity of advocates. Although it was not strictly necessary for the House of Lords to question advocate immunity they nevertheless ruled unanimously that such immunity could no longer stand in civil cases and (by a majority) in criminal cases.

In criminal cases, the appropriate way for the accused to challenge a conviction will be by an appeal rather than through a negligence action against an advocate. Where the accused still stands convicted of the offence, any attempt to challenge the competence of the advocate will generally fail (see Hunter v Chief Constable of the West Midlands Police [1982] AC 529). However, if the conviction is set aside on appeal there can be no such objection to a negligence claim.
If you want to change selection, open document below and click on "Move attachment"


cannot see any pdfs


statusnot read reprioritisations
last reprioritisation on suggested re-reading day
started reading on finished reading on



Do you want to join discussion? Click here to log in or create user.