Solicitors back end to court immunity

EQUALITY: House of Lords ruling lauded for making negligent advocates accountable for their actions

Solicitors have welcomed the landmark House of Lords judgment last week that ended advocates immunity from negligence actions.In Hall v Simons, the seven-member House of Lords decided that advocates' immunity is no longer supported by public policy and has ceased to exist in both civil and criminal cases.A minority of three agreed that immunity is redundant in civil cases, but thought it should continue in criminal cases.Linklaters partner Mark Humphries, chairman of the Solicitors Association of Higher Court Advocates, said: 'It would embarrassing for a professional to rely on immunity and not face up to the consequences of their own negligence.

All advocates must now accept full responsibility for the work they carry out that that's how it should be.' The Solicitors Indemnity Fund (SIF) brought the case to establish equality between solicitors, advocates and barristers and clarify a confused area of law.

Weightmans represented the defendant solicitors and the SIF.

Hill Dickinson represented the claimant clients.

Biddles intervened on behalf of the Bar Council.

Reynolds Porter Chamberlain, Bond Pearce and Beachcroft Wansbroughs, Cooper Whiteman and Stephen & Scown had advised on three of the four actions that combined in the House of Lords.Paul Gaul of Weightmans said the judgment should end the practice of 'outflanking the immunity', in which the solicitor is pursued instead of a negligent barrister.

It may also improve the public perception of the legal profession, he said.Lawyers agreed that an avalanche of litigation is highly unlikely, although a new area of professional negligence had been opened.In an unrelated development, the Lord Chancellor, Lord Irvine, this week approved the final stage of opening up rights of audience under the Access to Justice Act 1999.

It paves the way for employed lawyers - including Crown Prosecution Service lawyers, Legal Service Commission advocates and barristers employed in law firms - to present cases in the higher courts from 31 July.

Anne Mizzi

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