Professional negligence: the same negligent advice given twice

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  • FOIL

The primary issue raised by this second appeal concerned the date when a cause of action in negligence accrued against a barrister who had advised on two separate occasions about the same or similar issues. Was there one single cause of action which accrued when the first negligent advice was given and acted upon (in which case, on the facts of this case, the claim would be statute-barred), or did a separate cause of action – albeit for lesser loss and damage - accrue when the second advice was given and acted upon (in which case the lesser claim here, based on that second advice, would not be statute-barred)?

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