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Jackson and Powell on Professional Liability
Jackson and Powell on Professional Liability
8th Edition, 1st Supplement
Series:  Common Law Library
Practice Area:  Professional Negligence
ISBN:  9780414064904
Published by:  Sweet & Maxwell
Publication Date:  13 Dec 2017
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION
Jackson & Powell is the definitive text on professional liability and is a comprehensive guide for every practitioner.

Thirty-five years after the publication of the 1st edition in 1982, Jackson & Powell on Professional Liability is still recognised as a standard textbook for judges, commercial and civil law practitioners and others, both in the UK and other common law jurisdictions.

The 1st supplement to the 8th edition brings the main work up to date, including the following significant new cases and developments:

  • Scope of Duty: The Supreme Court decision in BPE Solicitors v Hughes-Holland [2017]
UKSC 21 explains the decision in SAAMCO and re-affirms the scope of duty doctrine as a part of English law; clarifying the distinction between “advisers” and “informants”.
  • Solicitors: Various Claimants v Giambrone & Law (a firm) & Ors [2015] EWHC 1946 (QB):
A post BPE Solicitors decision holding solicitors who acted for large numbers of individuals in foreign purchases liable for breach of trust and as “advisers” when releasing deposit monies in breach of trust.
  • Professional Indemnity Insurance: Impact Funding Solutions Ltd v AIG Europe Insurance Ltd [2016] UKSC 57. 
A solicitor’s professional indemnity policy which excluded liability for breach of any contract for the supply of services was not apt to cover a claim by a funder where the solicitor had breached a warranty to a funder of litigation. Discussion of the correct approach to construction of such policies.
  • AIG Europe Ltd v Woodman [2017] UKSC 18:
The words “series of related matters or transactions” in an insurance policy are to be judged objectively and not from the perspective of any particular party. There were significant connections such that claims by each investor in a common development at a particular site were to be aggregated.
  • Accountants and Auditors: Halsall v Champion Consulting Ltd [2017] EWHC 1079 (QB):
Claim following BPE against tax advisers who had supported a failed tax avoidance scheme and were found to be “advisers.”


Main features:


  • Examines the nature of professional liability
  • Deals with subjects of general application and with specific professions
  • Discusses the differences between tortious liability and contractual liability
  • Addresses the duties and obligations of a professional, including positive duties and restrictions
  • Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience
  • Discusses changes in the standard required of professionals
  • Explains the nature of a fiduciary duty including unauthorised profits and undue influence
  • Discusses the origins of the duty of confidentiality including the continuing duty to former clients
  • Considers the remedies available
  • Discusses contribution between defendants
  • Considers available defences including equitable defence
  • Differentiates between limitation in contract, tort and equity
  • Analyses the impact of human rights on professionals
  • Investigates the nature & scope of Professional Indemnity insurance
  • Individual chapters on specific professions including construction professionals, surveyors, solicitors, barristers, medical practitioners, financial practitioners, insurance brokers, accountants and auditors, actuaries, members and managing agents at Lloyds, IT professionals and patent and trademark attorneys
  • Features an entirely new chapter on Art.
CONTENTS
  1. The Nature of Professional Liability;
  2. Duties and Obligations;
  3. Remedies;
  4. Contribution between Defendants;
  5. Defences;
  6. Litigation;
  7. Human Rights and Judicial Review in Professional Liability;
  8. Professional Indemnity Insurance;
  9. Construction Professionals;
  10. Surveyors;
  11. Solicitors;
  12. Barristers;
  13. Medical Practitioners;
  14. Regulation of Financial Services;
  15. Financial Practitioners;
  16. Insurance Brokers;
  17. Accountants and Auditors;
  18. Actuaries;
  19. Members’ and Managing Agents at Lloyd’s;
  20. Information Technology Professionals;
  21. Patent Attorneys and Trade Mark Attorneys;
  22. Art Professionals
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