Buch, Englisch, 232 Seiten
Reihe: Common Law Library
Jackson & Powell on Professional Liability provides comprehensive coverage of the general law around professional liability - the duties, remedies, defences, litigation, human rights issues.
- Offers comprehensive coverage of the law of professional liability
- Discusses the difference between contractual liability and tortuous liability
- Provides essential reference point as it aids practitioner’s in establishing whether a duty of care exists, whether it has been breached, the cause and remedies available
- Considers the duties, obligations and standard of skill of professionals to help establish if a duty of care has been breached
- Explains the nature of fiduciary duties including unauthorised profits and undue influence
- Investigates the nature and scope of Professional Indemnity Insurance
- Provides quick access expert guidance on available defences including equitable defences
- Analyses the impact of Human Rights on ProfessionalsCovers the different liabilities and standard of skills for professionals operating in a variety of industry sectors
- Separate chapters on individual professions – providing commentary from the start of an action through to adjudication and damages
- Covers the following professions:
- Construction Professionals
- Surveyors
- Solicitors
- Barristers
- Financial Practitioners
- Insurance Brokers
- Accountants
- Auditors
- Actuaries
- Information Technology Professionals
- Patent and Trademark Attorneys
This 2nd Supplement to the 7th edition brings the edition up to date with the latest legislation and case law.
Just some of the new cases include:
- Professional indemnity insurance: Teal Assurance Co v W R Berkley Insurance [2013] UKSC 57 – attribution/priority of claims against the available cover
- Architects and Engineers: West v Ian Finlay and Associates [2013] EWHC 868 (TCC, Edwards-Stuart J) - construction of limitation of liability (“net contribution”) clause in standard terms of engagement. John Grimes Partnership Ltd v Gubbins [2013] EWCA Civ 37 – remoteness of loss: consulting engineer who delayed in completing design work liable for losses attributable to downward movement in property values.
- Solicitors: Nationwide Building Society v Davisons Solicitors [2012] EWCA Civ 1626: Relief from liability for breach of trust under Trustee Act 1925, s. 61.
- Surveyors and Valuers: Webb Resolutions v E. Surv Ltd [2012] EWHC 3653 (TCC, Coulson J). Contributory negligence by lenders
- Medical Practitioners: M's Guardian v Lanarkshire Health Board [2013] CSIH 3 (Court of Session): Warnings – Chester v. Afshar distinguished.
- Regulation of Financial Services: Financial Services Act 2012 – changes to the legislative and regulatory regime made by the Act, including the separation of the FSA’s functions between the FCA and PRA.
- Insurance Brokers: Impact of the Consumer Insurance (Disclosure and Representations) Act 2012 on brokers’ duties.
- Accountants and Auditors: Mehjoo v. Harben Barker [2013] EWHC 1500 (Silber J): Duty of generalist accountant to advise client to seek specialist tax advice on his “non-dom” status.
- Patent attorneys: Kerr v Laurence Shaw & Associates [2010] EWHC 585 (Ch, Proudman J.): Patent agents negligent in failing to remind claimant of deadline for patent application.
Powell / Stewart
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- Offers comprehensive coverage of the law of professional liability
- Discusses the difference between contractual liability and tortuous liability
- Provides essential reference point as it aids practitioner’s in establishing whether a duty of care exists, whether it has been breached, the cause and remedies available
- Considers the duties, obligations and standard of skill of professionals to help establish if a duty of care has been breached
- Explains the nature of fiduciary duties including unauthorised profits and undue influence
- Investigates the nature and scope of Professional Indemnity Insurance
- Provides quick access expert guidance on available defences including equitable defences
- Analyses the impact of Human Rights on ProfessionalsCovers the different liabilities and standard of skills for professionals operating in a variety of industry sectors
- Separate chapters on individual professions – providing commentary from the start of an action through to adjudication and damages
- Covers the following professions:
- Construction Professionals
- Surveyors
- Solicitors
- Barristers
- Financial Practitioners
- Insurance Brokers
- Accountants
- Auditors
- Actuaries
- Information Technology Professionals
- Patent and Trademark Attorneys
This 2nd Supplement to the 7th edition brings the edition up to date with the latest legislation and case law.
Just some of the new cases include:
- Professional indemnity insurance: Teal Assurance Co v W R Berkley Insurance [2013] UKSC 57 – attribution/priority of claims against the available cover
- Architects and Engineers: West v Ian Finlay and Associates [2013] EWHC 868 (TCC, Edwards-Stuart J) - construction of limitation of liability (“net contribution”) clause in standard terms of engagement. John Grimes Partnership Ltd v Gubbins [2013] EWCA Civ 37 – remoteness of loss: consulting engineer who delayed in completing design work liable for losses attributable to downward movement in property values.
- Solicitors: Nationwide Building Society v Davisons Solicitors [2012] EWCA Civ 1626: Relief from liability for breach of trust under Trustee Act 1925, s. 61.
- Surveyors and Valuers: Webb Resolutions v E. Surv Ltd [2012] EWHC 3653 (TCC, Coulson J). Contributory negligence by lenders
- Medical Practitioners: M's Guardian v Lanarkshire Health Board [2013] CSIH 3 (Court of Session): Warnings – Chester v. Afshar distinguished.
- Regulation of Financial Services: Financial Services Act 2012 – changes to the legislative and regulatory regime made by the Act, including the separation of the FSA’s functions between the FCA and PRA.
- Insurance Brokers: Impact of the Consumer Insurance (Disclosure and Representations) Act 2012 on brokers’ duties.
- Accountants and Auditors: Mehjoo v. Harben Barker [2013] EWHC 1500 (Silber J): Duty of generalist accountant to advise client to seek specialist tax advice on his “non-dom” status.
- Patent attorneys: Kerr v Laurence Shaw & Associates [2010] EWHC 585 (Ch, Proudman J.): Patent agents negligent in failing to remind claimant of deadline for patent application.
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