Waters v Maguire [1999] EWHC 280 (QB) (13 May 1999)

Waters v Maguire [1999] EWHC 280 (QB) (13 May 1999)

The Defendant was not negligent in her conduct of the Plaintiff's case, exercised reasonable professional judgment, and was entitled to forensic immunity for actions intimately connected with the conduct of the case. The Plaintiff's claim disclosed no reasonable cause of action and was properly struck out as an abuse of process.

Citation
[1999] EWHC 280
Parties
Plaintiff: Eileen Annette Waters; Defendant: Ms Maguire
Jurisdiction
England and Wales
Judgment Date
13 May 1999
Procedural Posture
Appeal / Appeal From Decision of Master Leslie Striking Out Statement of Claim Under Order 18 Rule 19(1)(d)
Outcome
Appeal dismissed
Legal Topics
Forensic Immunity, Barrister's Duty of Care, Sex Discrimination, Victimisation, Industrial Tribunal Procedure
Tort Law Professional Negligence Employment Law Discrimination Law Forensic Immunity Barrister's Duty of Care Sex Discrimination Victimisation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Eileen Annette Waters

Plaintiff

Ms Maguire

Defendant

Procedural Posture

Appeal / Appeal From Decision of Master Leslie Striking Out Statement of Claim Under Order 18 Rule 19(1)(d)

Legal Issues

  1. 1 Whether the Defendant barrister owed a duty of care to the Plaintiff in the conduct of her case before the Industrial Tribunal
  2. 2 Whether the Defendant was negligent in the preparation and presentation of the Plaintiff's case
  3. 3 Whether forensic immunity applied to the Defendant's actions

Ratio Decidendi

The Defendant was not negligent in her conduct of the Plaintiff's case, exercised reasonable professional judgment, and was entitled to forensic immunity for actions intimately connected with the conduct of the case. The Plaintiff's claim disclosed no reasonable cause of action and was properly struck out as an abuse of process.

Court Disposition

Appeal dismissed

Orders

  • Statement of Claim struck out as abuse of process
  • Action dismissed