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Jackson & Powell on Professional Liability

Jackson & Powell on Professional Liability
8th Edition, Mainwork & 3rd Supplement
Series:  Common Law Library
Practice Area:  Professional Negligence
ISBN:  9780414064911
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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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 Fourth Supplement to the Eighth edition brings the main work up-to-date, including significant new cases and developments.

Key Features:

  • 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

The 4th supplement to the 8th Edition brings the main work up to date, including the following significant new cases and developments to name a few:

  • Professional Indemnity Insurance: The decision of the Court of Appeal of New South Wales in Bank of Queensland Ltd v AIG Australia Ltd is an important addition to the body of authority as to when a number of claims arise out or are attributable to “one or a series of Wrongful Acts” for the purposes of aggregation.
  • Lawyers: LIV Bridging Finance Ltd v Ead Solicitors LLP (In administration) [2020] EWGC 1590 (Ch); [2020] P.N.L.R. 24 establishes that a lawyer’s liability to pay equitable compensation is subject to the limits established by Hughes-Holland v BPE Solicitors for liability to pay damages.
  • Financial Practitioners: Adams v Options Sipp UK LLP (formerly Carey Pensions UK LLP) [2020] 1299 (Ch) is an important decision as to the duties of administrators of self-invested personal pension plans in relation to investment of the funds they administered and of the impact of terms of business which stated that administrators are acting on an “execution-only basis”.
  • Accountants and Auditors: AssetCo Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 concerns the application of the information/advice distinction established in SAAMCO to a claim for a negligently conducted audit.

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