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31 May 2007 / Mike Willis
Issue: 7275 / Categories: Features , Procedure & practice , Profession
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Two bites at the cherry?

The risks for professionals advising clients in litigation are becoming harder to anticipate, say Mike Willis and Naomi Park

When abolishing advocates’ immunity in Arthur JS Hall & Co v Simons [2000] 3 All ER 673 seven years ago, one of the Law Lords’ justifications was that there were sturdy rules and powers available to the courts to dismiss, on grounds of abuse of process, actions against parties’ professional advisers by clients following unsuccessful litigation.

These principles are broadly embodied in overlapping traditional doctrines: “the Henderson principle” which disapproves the same issues being tried more than once; and “collateral attack”, whereby an attempt to retry an issue already tested in court is liable to be dismissed as abusive if it imputes that the first court got it wrong.

In Hall the House of Lords referred to the courts’ existing powers to prevent re-litigation of issues where it would be manifestly unfair or it would bring the administration of justice into disrepute. It did not define those powers further, preferring

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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