Bhagat v Cowley Hearne Solicitors and Ors S203/1999

The parties to this proceeding were the plaintiff, Mr. Bhagat, and the defendants, Cowley Hearne Solicitors and Ors. The dispute concerned allegations of professional negligence against the solicitors. The case was heard in the High Court of Australia.

The central legal issue before the High Court was whether the solicitors had been negligent in their conduct of litigation on behalf of Mr. Bhagat. Specifically, the court was required to determine if the solicitors had failed to exercise reasonable care and skill in advising Mr. Bhagat regarding settlement offers and in conducting the proceedings, thereby causing him loss.

The High Court, comprising McHugh and Callinan JJ, considered the standard of care expected of a solicitor in conducting litigation. Their Honours applied the principles established in *Bolam v Friern Hospital Management Committee* and its Australian progeny, which hold that a professional is not guilty of negligence if they have acted in accordance with a practice accepted as proper by a responsible body of professional opinion, even if that opinion differs from other professional opinion. The court examined the evidence presented regarding the advice given by the solicitors and the decisions made during the course of the litigation, assessing whether these actions fell below the required standard of care. The court found that the solicitors had acted reasonably in their conduct of the litigation and in the advice they provided to Mr. Bhagat.

Consequently, the High Court dismissed Mr. Bhagat's appeal.