Jackson & Powell on Professional Liability, 9th Edition (Mainwork & Supplement) | 2024*

Jackson & Powell on Professional Liability, 9th Edition (Mainwork & Supplement) | 2024*

Jackson & Powell is widely regarded as the authoritative work on Professional Liability. It offers an extensive and detailed explanation of the legal principles governing professional negligence. The book serves as an indispensable resource for practitioners, helping them determine whether a duty of care arose, whether it was breached, and whether a viable cause of action exists, while also outlining the available remedies.

Key Features of Jackson & Powell on Professional Liability, 9th Edition (Mainwork & Supplement):

• Explores the fundamental nature of professional liability.

• Covers principles of general application and examines specific professional fields.

• Clarifies the distinction between tort-based liability and contractual liability.

• Addresses the duties and responsibilities imposed on professionals, including affirmative obligations and restrictions.

• Analyses the standard of skill and care, taking into account the defendant’s qualifications and experience.

• Discusses how professional standards evolve over time.

• Explains the concept of fiduciary duties, including issues around unauthorised profit and undue influence.

• Examines the origins and scope of the duty of confidentiality, including its continuation after the professional-client relationship ends.

• Distinguishes between limitation periods in contract, tort, and equity.

The latest edition incorporates all major legal developments and case law since the previous version, including several notable decisions:

• Insurance: In Lord Bishop of Leeds v Dixon Coles & Gill, the Court of Appeal provided further clarification on aggregation, holding that losses suffered by different clients due to thefts from a client account by a partner should not be aggregated because they did not arise from a series of related acts or omissions.

• Scope of duty: The Supreme Court’s rulings in Manchester Building Society v Grant Thornton UK LLP (accountants) and Meadows v Khan (medical negligence) give important clarification and refinement of the scope-of-duty principle, emphasising the objective purpose of the advice—an issue central to claims against most professionals.

• Surveyors: In Hart v Large, the Court of Appeal affirmed that a negligent surveyor was liable for the difference between the purchase price and the true value of the property, including all defects—latent or otherwise—because the survey should have identified unassessable risks.

• Lawyers: In Harcus Sinclair LLP v Your Lawyers Ltd, the Supreme Court considered solicitors’ undertakings for the first time and offered substantial guidance on how to determine whether an undertaking was given in a solicitor’s professional capacity.

• Financial practitioners: Adams v Options SIPP UK LLP has wide-reaching implications for execution-only SIPP providers. The Court of Appeal revisited earlier authority, concluding that the mere provision of information may amount to advice if the information reflects a selection process involving evaluative judgment.

The 9th edition, released in December 2021, is now accompanied by the Cumulative Supplement (December 2024), which updates the main text with the most recent legal developments and case law.

Contents of Jackson & Powell on Professional Liability, 9th Edition (Mainwork & Supplement):

Chapter 1: The Nature of Professional Liability
Chapter 2: Duties and Obligations
Chapter 3: Remedies
Chapter 4: Contribution between Defendants
Chapter 5: Defences
Chapter 6: Litigation
Chapter 7: Human Rights and Judicial Review in Professional Liability
Chapter 8: Professional Indemnity Insurance
Chapter 9: Construction Professionals
Chapter 10: Surveyors
Chapter 11: Solicitors
Chapter 12: Barristers
Chapter 13: Medical Practitioners
Chapter 14: Regulation of Financial Services
Chapter 15: Financial Practitioners
Chapter 16: Insurance Brokers
Chapter 17: Accountants and Auditors
Chapter 18: Actuaries
Chapter 19: Members’ and Managing Agents at Lloyd’s
Chapter 20: Information Technology Professionals
Chapter 21: Patent Attorneys and Trade Mark Attorneys
Chapter 22: Art Professionals