Jackson & Powell on Professional Liability provides comprehensive coverage of the general law around professional liability – the duties, remedies, defences, litigation, human rights issues.
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.