Jackson & Powell on Professional Liability
Jackson & Powell on Professional Liability By Editors:Mark Cannon, QC; Hugh Evans; Roger Stewart, QC
|Author||Mark Cannon, QC; Hugh Evans; Roger Stewart, QC|
|Publication Date||Dec, 2019|
||Hardcover + Ebook|
8th Edition, 3rd Supplement
Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available.
The Third Supplement to the Eighth edition brings the main work up-to-date, including the following significant new cases and developments: (Note this is not a complete list):
Duty of Care: Fraser Turner Ltd v PricewaterhouseCoopers LLP  EWCA Civ 1290: Analysis by the Court of Appeal of the circumstances in which there is an “assumption of responsibility” so as to give rise to a duty of care in tort.
Duty of Care: Poole Borough Council v GN  UKSC 19;  2 W.L.R. 1478: Restatement by the Supreme Court of the principles to be applied when deciding whether a local authority owes a duty of care when exercising statutory functions.
Professional Indemnity Insurance: Euro Pools v Royal & Sun Alliance  EWCA Civ 808 (consideration by the Court of Appeal of notification of claims and circumstances provisions by the Court of Appeal) and Young v Royal & Sun Alliance  CSOH 32 (the first notable case on waiver of the obligation of fair presentation under the Insurance Act 2015).
Lawyers: The decision of the Supreme Court in Perry v Raleys  UKSC 5 clarified that there is a two-stage test in claims for lost litigation. At the first stage claimants have to prove that they would have brought a claim (and for this purpose “claim” means “an honest claim”). At the second stage the value of that (honest) claim is assessed.
Insurance brokers: In Dalamd Ltd v Butterworth Spengler Commercial Ltd  EWHC 2558 (Butcher J) addressed two key issues of causation in claims against insurance brokers. First, what does a claimant have to prove to establish that its broker’s negligence caused it to lose the chance to recover an indemnity from its insurer? Second, what does a broker have to prove to show that the claimant would not have recovered an indemnity in any event (so that any negligence on its part caused the insured no loss)?
Accountants and Auditors: Manchester Building Society v Grant Thornton UK LLP  EWCA Civ 40;  1 W.L.R. 90: Application by the Court of Appeal of the distinction between “information” and “advice” cases in the context of advice given by auditors.
Examines the nature of professional liability
Deals with subjects of general application and delves into specific professions
Discusses the difference between tortuous liability and contractual liability
Considers 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 by professional
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
Differentiates between limitation in contract, tort and equity
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