Liprini v Hale

• 1. Negligence
  2. › Breach of duty
  3. › Solicitors' negligence
  4. › Failure to commence proceedings prior to mediation
  5. › Risk of harm under s 5B Civil Liability Act
  6. › Whether failure to commence Family Provision Act proceedings against estate constituted breach
  7. › Whether there was a foreseeable not insignificant risk of harm
  8. › Civil Liability Act 2002 (NSW), s 5B
• 1. Negligence
  2. › Causation
  3. › Factual causation
  4. › Whether binding settlement reached at mediation
  5. › Whether failure to commence proceedings was necessary condition of harm
  6. › Whether appellant had enforcement remedies available
  7. › Civil Liability Act 2002 (NSW), s 5D
• 1. Negligence
  2. › Damages
  3. › Loss of commercial opportunity
  4. › Prospects of recovering settlement sum but for negligence
  5. › Assessment of contingencies
• 1. Negligence
  2. › Proportionate liability
  3. › Concurrent wrongdoers
  4. › Whether barrister and third party were concurrent wrongdoers
  5. › Whether loss sued for was different loss to that caused by alleged concurrent wrongdoer
  6. › Civil Liability Act 2002 (NSW), ss 34, 35

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