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6 Found helpful • 7 Pages • Essays / Projects • Year: Pre-2021
This essay explores the contextual background and development of advocates’ immunity, consequently emphasising the problematic nature of the justifications used, especially when contrasted with similar jurisdictions. This essay relatedly argues that the current stance on advocates’ immunity should be completely reconsidered and subsequently abolished in order for public confidence in the legal system to be restored. Public policy reasons and the finality principle currently uphold the basis for retaining advocates’ immunity. It has been made clear that neither have sufficient validity, due to widespread results that quash any misconceptions of the removal of immunity. Furthermore this essay considers and suggest the implications of alternative testing and regulation to ensure liability is not overly restricted, once immunity is successfully abolished.
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