The Professional Negligence Lawyers Association, in conjunction with Augustus Cullen Law, held a conference in the Radisson Blu Hotel in Dublin on Monday, 11th June 2012, entitled Professional Negligence and Liability – Understanding and Addressing Professional Failure.
The conference provided solicitors, and in particular, those who specialise in professional negligence, with information on the following topics:-
- An update of professional negligence cases that have come before the Irish Courts in recent times, to include the decision of Clarke J in ACC Bank plc –v- Johnston 2010 4 I.R.. 605 and the 2012 decision of McGovern J in KBC Bank Ireland plc –v- BCM Hanby Wallace.
- An examination of the developing trends in relation to loss of a chance and the impact of decisions in Allied Maples Group Ltd –v- Simmons & Simmons  1 WLR 1602 and South Australia Asset Management Corporation –v- York Montague Ltd  AC 191 on professional indemnity law in the English Courts and a discussion as to how and in what ways the principles expounded in those cases will be followed by the Irish Courts in a professional indemnity context. Prior to 1995 loss of chance rarely featured in either English or Irish courts as a means of evaluating damages, however due to the frequency with which the courts now see professional liability actions based upon hypothetical courses of events involving third party considerations, this is now becoming a common issue.
- An update on the controversial Legal Services Regulation Bill which promises to fundamentally reform the legal professions in Ireland.
- A review of coverage disputes, breach of trust and subrogation, dealing with the pitfalls that may catch out the unwary professional.
- Consideration of the role of architects and engineers and opinions on compliance with Building Regulations.
15 June 2012