Decision provides a new safeguard against miscarriages of justice.

11 September 2006 – The Supreme Court of New Zealand today released a landmark decision, abolishing barristers' immunity and allowing claims to be brought for negligent work by court lawyers. The decision allows the plaintiffs, Lorraine and Sun Lai, to pursue their negligence claim against their former solicitors, Chamberlains.

The lawyer for one of the successful plaintiffs in today's Supreme Court decision has welcomed the decision. Robert Gapes, partner at Simpson Grierson, said the unanimous decision in Chamberlains v Lai to abolish the immunity and allow negligence claims to be brought would help protect ordinary litigants against miscarriages of justice caused by negligence of lawyers in civil and criminal litigation.

Miscarriages of justice, particularly in serious criminal cases, have attracted considerable attention recently - notably as a consequence of the release of Sir Thomas Thorp's "Miscarriages of Justice" report and Court decisions such as the Court of Appeal's decision last month in R v Haig.

In a public lecture last month, Justice Hammond, a senior judge of the Court of Appeal, identified problems with representation of the accused as one of the various causes of miscarriages of justice, and said that complaints of counsel incompetence in criminal cases have now become legion – with most major criminal trials now subsequently featuring allegations of counsel incompetence.

Gapes acknowledged that many litigation lawyers will be unhappy with the decision. But he urged them to see the decision in a wider context – with benefits particularly for the justice system and the general public.

"Those litigation lawyers who feel threatened can take some comfort from the experience in England where barristers immunity was abolished by the House of Lords in 2000," said Gapes. "English barristers have not been hit hard. The number of claims notified under English barristers' insurance policies and insurance premium levels for English barristers had not been significantly affected in the five years to September 2005.

"Canada has got on perfectly well without recognising barristers immunity, and in Australia the States' Attorneys-General are actively evaluating proposals for the immunity to be removed or limited by statute.

"No doubt there will in future be a mix of justified and unjustified claims made against litigation lawyers – just as with lawyers in other fields and with other professionals. The Supreme Court has made it plain that mechanisms are available to deal with unmeritorious claims and abusive claims challenging prior Court decisions," he added.

ENDS

About Simpson Grierson
Simpson Grierson is one of New Zealand's leading commercial and technology-focused law firms, delivering comprehensive advice in every commercial practice area.  A national practice with more than 400 staff, including more than 200 lawyers and partners, Simpson Grierson combines leadership, innovation, technical expertise and good business sense to ensure our clients receive the best legal service available.

For further information, please contact:

Robert Gapes, Partner, Simpson Grierson
ph (09) 977 5076 or 021 935 415, or email robert.gapes@simpsongrierson.com

Tom Clancy, Communications Manager, Simpson Grierson
ph (09) 977 5282 or 027 254 9862, or email tom.clancy@simpsongrierson.com