Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
Taking security for legal costs: lessons from Malouf v Constantinou
The taking of security for costs should be approached carefully, if at all, with attention to the equitable, legal and statutory duties. By MICHELLE CASTLE…
Wills and estates: April 2017
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
The scope of a solicitor’s fiduciary duty
A fiduciary relationship does not arise merely by reason of the status of the relationship. It comes about due to what the solicitor agrees to…