Odlum v Friend

The appeal in *Odlum v Friend* concerned allegations of professional negligence against a solicitor. The appellant, Mr Odlum, alleged that the respondent solicitors had provided negligent advice regarding settlement and the cost consequences of litigation. The dispute ultimately came before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the solicitors had breached their duty of care to Mr Odlum and, if so, whether that breach had caused him loss. Specifically, the court had to determine if the advice provided concerning the settlement of underlying proceedings and the associated costs was negligent, and if Mr Odlum would have achieved a better outcome had he received competent advice.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The court applied established principles of professional negligence, focusing on the standard of care expected of a reasonably competent solicitor. It was held that the advice given by the solicitors was not negligent, and therefore, no breach of duty had occurred. Consequently, the question of causation did not arise. The court ordered that the appellant pay the respondents' costs of the appeal.