Jackson & Powell on Professional Liability
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Practice Area:
General Editor: John Powell, QC; Roger Stewart, QC; Mark Cannon, QC; David Turner, QC; A Team from 4 New Square Chambers
Format: Book
Status: Live on Westlaw UK

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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
    – Surveyors
    – Solicitors
    – Barristers
    – Financial Practitioners
    – Insurance Brokers
    – Accountants
    – Auditors
    – Actuaries
    – 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. [2013] 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  [2014] 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.

• Solicitors:
Newcastle International Airport Ltd v Eversheds LLP [2013] 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 [2013] 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 [2014] 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 [2014] 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.