Gopal Sri Ram JCA:

This appeal has to do with causation in the law of negligence in tort. It arises in the context of professional negligence on the part of an advocate and solicitor. It comes at a time when the subject is in vogue. In England, for example, the courts have, influenced no doubt by the far-reaching decision of the European Court of Human Rights in Osman v. The U.K.[2000] E.H.R.R. 245 removed the blanket immunity enjoyed by advocates since the policy decision in Rondel v. Worsley[1969] 1 AC 191. See, Arthur (JS) Hall & Co. v. Simons[1999] 3 WLR 873. Our law has, however, always differed from English law. Advocates here have never enjoyed immunity from suits for negligence. See, Miranda v. Khoo Yew Boon[1967] Ali Jais v. Linton Albert & Anor[1999] 4 CLJ 167. This may cause difficulties especially in criminal cases where there is a danger of the merits of a conviction being re-litigated in civil proceedings. Perhaps the correct policy approach in such cases lies in the court's power to strike an action out as an abuse of process. See, Hunter v. Chief Constable of West Midlands & Anor[1981] 3 All ER 727.

But the present appeal does not involve any wider policy q