Jardine v Windsor Craig Solicitors

In *Jardine v Windsor Craig Solicitors*, the High Court of Australia considered a dispute between the appellant, Ms Jardine, and the respondent law firm, Windsor Craig Solicitors. The core of the disagreement concerned the appellant's claim for damages arising from alleged professional negligence by the respondent in conducting litigation on her behalf.

The High Court was required to determine whether the respondent had breached its duty of care to the appellant and, if so, whether that breach had caused the appellant to suffer loss. Specifically, the court had to assess whether the legal advice provided by the respondent regarding settlement offers in the underlying litigation was negligent, and if that negligence led to the appellant receiving a less favourable outcome than she otherwise would have.

The court's reasoning focused on the standard of care expected of a solicitor in conducting litigation. It was held that a solicitor is not negligent simply because a case is lost or a settlement is not as advantageous as hoped. Instead, negligence arises from a failure to exercise reasonable care and skill in the conduct of the litigation, which includes providing competent advice on settlement. The court examined the evidence presented regarding the advice given and the circumstances surrounding the settlement negotiations, ultimately finding that the respondent had not acted negligently. The principles applied centred on the established legal tests for professional negligence, requiring proof of a breach of duty and causation of loss.

The High Court dismissed the appeal, upholding the decision of the lower court.