Jimenez v Watson

[2021] NSWCA 55

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary dismissal
3. › Advocate's immunity
4. › Negligent advice leading to guilty plea in criminal proceedings
5. › Whether immunity applies where conviction subsequently quashed
6. › Whether claim for loss of chance avoids immunity
1. Legal Profession
2. › Solicitors
3. › Advocate's immunity
4. › Scope of immunity
5. › Negligent advice about elements of criminal offence
6. › Whether incorrect statement of law constitutes 'advice' within scope of immunity
1. Appeal
2. › Leave to appeal
3. › No arguable case
4. › Claim barred by binding High Court authority

Quick Take

Advocate's immunity bars negligence claims against solicitors for incorrect advice about elements of a criminal offence that led to a guilty plea, even where the conviction has been quashed on appeal and a verdict of acquittal entered.