The Court held that a solicitor was not negligent in failing to plead a personal injuries claim where the decision to exclude such a claim was an advertent forensic strategy made on the client's instructions, having regard to the costs capping provisions of the Legal Profession Uniform Law Application Act 2014 (NSW). Even if negligence had been established, the plaintiff failed to prove causation on the balance of probabilities, as the Court found the hypothetical personal injuries claim had negligible value given the plaintiff's lack of credibility, the likely finding that the arrest was lawful, and the probable success of a defence under s 54 of the Civil Liability Act 2002 (NSW).
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