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Professional negligence + sexual assault conviction.

By Bill Madden on December 4, 2020
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Despite differences between the law in England and Australia on advocates immunity, the decision in Torrance v Bradberry [2020] EWHC 3260 (QB), available on BAILII, is of interest.

The claimant had been charged with sexual offences. The defendant barrister represented him. He was convicted.

The barrister then gave negative advice on the prospects of an appeal. Another barrister gave different advice and ultimately an appeal was lodged which was successful on the basis that evidence of bad character should not have been admitted. On a retrial he was acquitted.

The claimant then brought the present action against the barrister, making various allegations of breach of duty (see [122]) in the conduct of the initial hearing. Much of the reasons for judgment are taken up with examination of the evidence, but ultimately the Court did not find in favour of the claimant on any of the alleged breaches of duty.

The claim also failed on causation / loss of chance (at [301]).

  • Posted in:
    Ethics & Professional Responsibility
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    Bill Madden's Blog
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    Bill Madden
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