Jimenez v Watson [2020] NSWDC 419

Jimenez v Watson [2020] NSWDC 419

Advice given by a solicitor concerning a guilty plea, even if mistaken as to the elements of the offence, is covered by advocate's immunity because it is intimately connected with the judicial determination of the criminal proceedings. As a result, collateral claims for negligence arising from such advice cannot be maintained, warranting summary dismissal.

Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Civil Negligence / Summary Dismissal
Outcome
summary dismissal granted
Legal Topics
["advocate's Immunity" 'summary Dismissal' 'negligence' 'criminal Law Applications']
['civil Procedure'] ["advocate's Immunity" 'summary Dismissal' 'negligence' 'criminal Law Applications']

Case Brief

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Procedural Posture

Civil Negligence / Summary Dismissal

Legal Issues

  1. 1 ["Whether advocate's immunity applies to negligent advice by a solicitor leading to a guilty plea in criminal proceedings"]

Ratio Decidendi

Advice given by a solicitor concerning a guilty plea, even if mistaken as to the elements of the offence, is covered by advocate's immunity because it is intimately connected with the judicial determination of the criminal proceedings. As a result, collateral claims for negligence arising from such advice cannot be maintained, warranting summary dismissal.

Court Disposition

summary dismissal granted

Orders

  • ["Defendant's notice of motion for summary dismissal is granted." 'The proceedings are dismissed.' 'The plaintiff to pay the costs of the proceedings.']