Competent professional practice as a defence – section 5O of the Civil Liability Act
Evidence that establishes a professional acted in a manner widely accepted by peer professional opinion as competent professional practice may provide a defence to a claim of ‘professional negligence’, provided that the opinion is not irrational.
The defence applies to all claims for damages (whether brought in tort, contract or otherwise) where harm results from a professional’s failure to exercise reasonable care and skill, and may avail design, building, engineering, property, accounting, medical and other professionals.
Richard Cheney SC will discuss recent s.5O authorities, the ‘irrationality’ exception in s.5O(2), tips for ensuring s.5O evidence is put in proper form, and ways such evidence might be undermined.
“Single apportionable claims” – the application of proportionate liability to multiple causes of action
The proportionate-liability legislation seeks to deal with multiple causes of action via the concept of a “single apportionable claim”, a concept that has proved troublesome for the courts. When can a defendant be sure that the claims against him or her are entirely apportionable such that joining other wrongdoers is unnecessary? Lucas Shipway will explain how this concept works in practice and what it means for plaintiffs and defendants.
Presenters: Richard Cheney SC & Lucas Shipway, Chaired by Adam Casselden SC