Barratt v Ansell (t/a as Woolf Seddon); Arthur JS Hall & Company v Simons

JurisdictionUK Non-devolved
JudgeLORD STEYN,LORD BROWNE-WILKINSON,LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD HUTTON,LORD HOBHOUSE OF WOODBOROUGH,LORD MILLETT
Judgment Date20 July 2000
Judgment citation (vLex)[2000] UKHL J0720-1
Date20 July 2000
CourtHouse of Lords
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356 cases
  • Ras Al Khaimah Investment Authority v Farhad Azima
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 May 2023
    ...general public interest in the same issue not being litigated over again referred to by Lord Hoffmann in Arthur JS Hall & Co v Simons [2002] 1 AC 615 at 701, cited with approval by Simon LJ in Michael Wilson & Partners v Sinclair [2017] EWCA Civ 3; [2017] 1 WLR 2646 at [41]. He referred t......
  • Secretary of State for Trade and Industry v Bairstow
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 March 2003
    ...by Lord Diplock in Hunter v Chief Constable of the West Midlands [1982] AC 529, 543 and by Lord Hoffmann in Arthur JS Hall & Co v Simons [2002] 1 AC 615, 702, has been recognised as expressing the position at common law in a number of subsequent decisions to which I shall refer in chronolog......
  • PJSC National Bank Trust v Boris Mints
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 11 April 2022
    ...might be said to fall within the “spirit” of the doctrine of issue estoppel (adopting a phrase used by Lord Hoffmann in Arthur J Hall & Co v Simon [2002] 1 AC 615, 701 when describing the role of abuse of process in re-litigation 75 Briggs J found that Mr Potiwal's attempt to require the Se......
  • L (A Child) and Another v Reading Borough Council and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 March 2001
    ...48. Since Goldring J's decision the question of witness immunity has been considered by the House of Lords on 2 occasions. Hall v Simons [2000] 3 WLR 543 was primarily concerned with the issue of advocates immunity but also involved a consideration of immunity generally, including witness i......
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9 firm's commentaries
  • Advocate's Immunity from Suit: Goddard Elliott (a firm) v Fritsch [2012] VSC 87
    • Australia
    • Mondaq Australia
    • 12 August 2012
    ...Footnotes 1 (1988) 165 CLR 543 2 [1969] 1 AC 191 3 Giannarelli per Mason J at 555 4 (2005) 223 CLR 1 5 Arthur JS Hall & Co v Simons [2002] 1 AC 615 6 The New Zealand Court of Appeal followed the House of Lords in approving the immunity in Rees v Sinclair [1974] 1 NZLR 180 and then revok......
  • Is Expert Witness Immunity About To Be Abolished? A Case Note On 'Paul Wynne Jones v Sue Kaney' [2010] EWHC 61 (QB)
    • United Kingdom
    • Mondaq United Kingdom
    • 24 February 2010
    ...good law for two reasons: (1) that the immunity can no longer survive in light of the House of Lords' decision in Arthur Hall v Simons [2000] 3 WLR 543 (in which a barrister's immunity from suit was abolished); and (2) the expert witness immunity is inconsistent the right to a fair trial en......
  • The happy coincidence: why your lawyer is (sometimes) immune from suit
    • Australia
    • Mondaq Australia
    • 22 December 2016
    ...led to settlement. But in New Zealand (Lai v Chamberlains [2007] 2 NZLR 7) and the United Kingdom (Arthur J S Hall & Co v Simons [2002] 1 AC 615), the immunity has ceased to be part of the common So advocate's immunity remains firmly part of the Australian common law— but in a narrower ......
  • Expert witnesses no longer immune from suit under UK law: Jones v Kaney
    • Australia
    • Mondaq Australia
    • 10 June 2011
    ...that barrister's immunity from suit for negligence has been abolished since 2001 (in the decision of Arthur J S Hall & Co v Simons [2002] 1 AC 615) and that this did not result in a flood of unjustified claims against advocates. The expert witness's role was likened to that of an advoca......
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35 books & journal articles
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 12-4, November 2008
    • 1 November 2008
    .... . . . . . . . . . . . . . . . . . . . . . .145AM &S v Commission[1982] ECR 1575. . . . . . . 72Arthur JS Hall v Simons [2000] UKHL 38, [2002] 1AC 615 . . . . . . . . . . . . . . . . . . . . . . . . . . 101,102ASIC vRich [2005] NSWSC417 . . . . . . . . . . . . . 287Attorney-General v Lundi......
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 15-4, October 2011
    • 1 October 2011
    .... . . . . . . . . . . . . . . . . . . . . . . . . .346Arizona vFulminate 499 US279 (1991) . . . . . 189Arthur JS Hall & Co. v Simons [2002] 1 AC 615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259Aryan vR [2010] NZCA57 . . . . . . . . . . . . . 334–335Asch vAustr......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...v Salen Rederierna AB (The Antaios) [1985] AC 191, [1984] 3 WLR 592, [1984] 3 All ER 229, HL 115 Arthur JS Hall & Co (A Firm) v Simons [2002] 1 AC 615, [2000] 3 WLR 543, [2000] 3 All ER 673, HL 8, 62, 172 Ashby v White (1703) 2 Ld Raym 938, 92 ER 126, (1703) 1 Smith LC 253 126 Atlantic Star......
  • Analysing Judgments: Reasoning, Argument and Legal Logic
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...or developing the precedent has spelt out the rule with 36 See e.g. R v R [1992] 1 AC 599 HL. 37 See e.g. Arthur J.S. Hall v Simons [2000] 3 WLR 543 on the removal of the advocate’s immunity from suit of work undertaken in court. 38 Allen, ‘Precedent and Logic’, p 334. 39 See e.g. Di Palma ......
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