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21 July 2023
Issue: 8034 / Categories: Legal News , Procedure & practice , Professional negligence
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NLJ this week: Collateral attacks, disgruntled litigants & accusations of negligence

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'Litigants who lose sometimes blame their lawyer' is a truth widely acknowledged in the legal sector. Writing in this week’s NLJ, Michael Bundock, barrister, dispute resolution, LexisNexis, looks specifically at the circumstances in which a negligence claim may be struck out as an abuse of process because it involves a collateral attack on the earlier judgment.

The courts will not allow attempts to relitigate issues already determined.

Bundock covers a recent case concerning a bitterly contested wills dispute, Christodoulides v CP Christou LLP and another, which raised several interesting points on collateral attacks. He writes: ‘A further issue in Christodoulides was the effect of the negligence claim on documents of public record… There was a strong public interest in the finality of a grant of probate that militates against it being challenged collaterally. The same point applied to the claim concerning the transfer of property.’ 

Read the full article here.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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