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Jackson & Powell on Professional Liability
Jackson & Powell on Professional Liability
8th Edition, 2nd Supplement
Series:  Common Law Library
Practice Area:  Professional Negligence
ISBN:  9780414068384
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2018
Format:  eBook - ProView
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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 Second Supplement to the 8th 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: The Supreme Court decision in NRAM PLC v Steel [2018] UKSC 13; [2018] 1 W.L.R. 1190 held that the assumption of responsibility was the foundation of liability for negligent misstatement leading to economic loss, based on the reasonableness and foreseeability of reliance. The Supreme Court rejected the threefold test of proximity, foreseeability, and justice and reasonableness, as they did in Robinson v Chief Constable of West Yorkshire Police, [2018] UKSC 4; [2018] 2 W.L.R. 595.
  • Surveyor’s Duties: Lloyds Bank Plc V McBains Cooper [2018] EWCA Civ 452; [2018] P.N.L.R. 23: extent of liability of a monitoring surveyor appointed to advise a bank in relation to requests to draw down facilities obtained to fund a construction project.
  • Solicitors: In P&P Property Ltd v Owen White & Catlin LLP and Dreamvar v Mishcon de Reya [2018] EWCA Civ 1082; [2018] P.N.L.R. 29, the Court of Appeal ruled on the liability of a solicitors’ obligations where the purchaser did not own the property purportedly being conveyed for breach of trust, relief from such breach, undertakings, and warranty of authority.
  • Information Technology Professionals: Computer Associates UK Ltd v Software Incubator Ltd. [2018] EWCA Civ 518; [2018] 2 All E.R. (Comm) 398: software supplied electronically does not constitute “goods” within the meaning of regulation 17 of the Commercial Agents (Council Directive) Regulations 1993.
Key features:

  • Examines the nature of professional liability
  • Deals with subjects of general application and delves into specific professions
  • Has separate chapters on different professionals (such as surveyors, solicitors, barristers, medical and financial practitioners etc) providing commentary from the start of action through to adjudication and damages if appropriate
  • Discusses the difference between tortuous liability and contractual liability and their limitations in contract, tort and equity
  • Considers the duties and obligations of a professional including positive duties and restrictions, the standard of skill and care including the relevance of the defendant’s qualifications and experience
  • Discusses the different level of liabilities for different professionals and the standard required
  • 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
  • Analyses the impact of Human Rights on Professionals
  • Investigates the nature & Scope of Professional Indemnity insurance

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