General Editor: John Powell, QC; Roger Stewart, QC; Mark Cannon, QC; David Turner, QC; A Team from 4 New Square Chambers
Status: Live on Westlaw UK
Jackson & Powell on Professional Liability provides comprehensive coverage of the general law around professional liability – the duties, remedies, defences, litigation, human rights issues.
- Offers comprehensive coverage of the law of professional liability
- Discusses the difference between contractual liability and tortuous liability
- Provides essential reference point as it aids practitioner’s in establishing whether a duty of care exists, whether it has been breached, the cause and remedies available
- Considers the duties, obligations and standard of skill of professionals to help establish if a duty of care has been breached
- Explains the nature of fiduciary duties including unauthorised profits and undue influence
- Investigates the nature and scope of Professional Indemnity Insurance
- Provides quick access expert guidance on available defences including equitable defences
- Analyses the impact of Human Rights on ProfessionalsCovers the different liabilities and standard of skills for professionals operating in a variety of industry sectors
- Separate chapters on individual professions – providing commentary from the start of an action through to adjudication and damages
- Covers the following professions:
– Construction Professionals
– Financial Practitioners
– Insurance Brokers
– Information Technology Professionals
– Patent and Trademark Attorneys
This 3rd Supplement to the 7th edition brings the edition up to date with the latest legislation and case law.
• Professional indemnity insurance:
AstraZeneca Insurance v. XL Insurance (Bermuda) Ltd.  EWCA Civ 1660) – whether, in the absence of a follow settlements clause, a cedant is obliged to prove that its insured would have been found liable to third party claimants whose claims had been settled.
• Construction professionals and valuers:
Hunt v Optima (Cambridge) Ltd  EWCA Civ 714 – consultants engaged by property developer of flats to issue ‘Architect’s Certificates’ not liable to purchasers in the absence of reliance on certificates; reaffirmation of traditional requirements for liability arising from negligent misstatement.
Newcastle International Airport Ltd v Eversheds LLP  EWCA Civ 1514 – duty of solicitor to advise principal where instructing agent with ostensible authority had interests potentially in conflict with those of its principal.
• Financial Services:
Green v Royal Bank of Scotland Plc  EWCA Civ 1197 – rejection of common law duty of care of wider scope than the ‘express cause of action for breach of statutory duty’ in FSMA s.150 (now s.138D).
• Accountants and Auditors:
Swynson Ltd v Lowick Rose LLP  EWHC 2085 (Ch) – principles to be applied in determining an accountant’s liability to third parties in the context of reliance on the accountant’s advice by both a company and its beneficial owner/financier.
• Insurance brokers:
Saville v Central Capital  EWCA Civ 377 – successful claim under FSMA s.150 for breach of ICOB rules in context of sale of PPI policy; mere fact that claimants knew exactly what they were getting did not mean that the policy was suitable.