The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of imprisonment, but sought to persuade her to change her plea. When she did not do so, they withdrew from the case. The barristers denied negligence, but also said that the claim was out of time. The claimant said that her claim only became possible after the protection of barristers against actions in negligence was removed.
Held: The loss of immunity from suit was retrospective from 1991, and therefore time had begun to run, and the claim was statute barred.
Judges:
Lloyd Jones J
Citations:
[2007] EWHC 1671 (QB), Times 23-Jul-2007, [2008] 3 WLR 34, [2008] QB 793
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Regina v Awoyomi CACD 14-Jan-1997
The defendant appealed against her conviction and sentence. The court had refused to admit medical evidence that she might be unfit to continue her trial.
Held: It would be rare to admit evidence which might support a Ghosh direction. The . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
Cited – Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm) HL 20-Jul-2000
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers.
Held: The immunity from suit for negligence enjoyed by advocates acting in . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Limitation
Updated: 14 September 2022; Ref: scu.254586