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Hope springs eternal?

03 September 2009 / Louis Flannery KC
Issue: 7383 / Categories: Features , Profession , Professional negligence
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Louis Flannery examines cases of alleged solicitor negligence

Hope springs eternal: man is ever-optimistic, or so thought Pope in 1733 in his Essay on Man. As solicitors, we all try to be as optimistic in our advice to clients as we can. Nevertheless, be careful: the dangers of being over-optimistic in the context of legal advice were spelled out earlier this year in a case involving a magic circle firm advising clients in relation to a substantial and complex dispute.
 

No solicitor goes out of their way to be negligent: being sued by a client can never be a pleasant experience. Although solicitors’ negligence cases usually arise from transactional work, in the litigation field the most common cause for complaint is a failure to issue or serve proceedings before the expiry of the relevant limitation period. In 2004, the Court of Appeal delivered its judgment in the case of Dixon v Clement Jones, a case of solicitor negligence involving a failure to issue proceedings in time, in a “loss of chance” case:

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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