Jackson & Powell on Professional Liability, 8th Edition (Mainwork & 3rd Supplement)

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Jackson & Powell on Professional Liability, 8th Edition (Mainwork & 3rd Supplement)

Author Mark Cannon, QC; Hugh Evans; Roger Stewart, QC
Publication Date 2018
ISBN 9780414074286
Format
Hardcover Mainwork + Softcover Supplement
Publisher Sweet & Maxwell

 

The definitive text on Professional Liability is Jackson & Powell. It covers all aspects of professional liability law in detail. It is a must-have resource for every practitioner since it assists them in determining if a duty of care exists and whether it has been breached, as well as offering rapid and accurate access to whether a cause of action exists and the remedies available.


The Eighth Edition's Third Supplement of Jackson & Powell on Professional Liability brings the main work up to date, including the following notable new cases and developments: (Note that this is not an exhaustive list):

  • Duty of Care: Fraser Turner Ltd v PricewaterhouseCoopers LLP [2019] 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 [2019] UKSC 19; [2019] 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 [2019] 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 [2019] 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 [2019] 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 [2018] 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 [2019] EWCA Civ 40; [2019] 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.

Key Features of Jackson & Powell on Professional Liability

  • The author investigates the concept of professional liability.
  • Deals with topics that have a broad application as well as specific vocations.
  • The difference between tortious and contractual liability is discussed.
  • Considers a professional's responsibilities and obligations, including positive responsibilities and limitations.
  • Considers the defendant's credentials and experience in relation to the standard of skill and care.
  • Changes in the professional standard are discussed.
  • The concept of a fiduciary duty is discussed, as well as unlawful profits and undue influence.
  • The roots of the duty of confidentiality are discussed, as well as the ongoing obligation to former clients.
  • Differentiates between contract, tort, and equity limitations.

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