Solicitors’ Liability

By: William Flenley QC and Tom Leech QC
ISBN: 9781526505293

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About Solicitors’ Liability

Solicitors’ Negligence and Liability provides a comprehensive guide to all aspects of solicitors’ negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors’ negligence. The fourth edition includes: – A new chapter on insurance law focusing on a... Read more

About Solicitors’ Liability

Solicitors’ Negligence and Liability provides a comprehensive guide to all aspects of solicitors’ negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors’ negligence.

The fourth edition includes:

– A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors’ insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules.

– A new section aimed at people who run solicitors’ firms, covering: Establishing and terminating a retainer; Reducing scope of liability, and moulding fiduciary duties, at the start of the retainer; Money laundering, including due diligence on clients; Terms and conditions; Cross referencing to identity fraud in other chapters.

– Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders’ claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders’ claims.

– Regulatory/disciplinary developments, eg revised SRA Code of Conduct.

Table of Contents

Section A Civil Law Claims

Part 1 General Principles
Chapter 1 The solicitor’s duties in contract and tort
Chapter 2 Breach of duty
Chapter 3 Causation and quantum of damages in contract and tort
Chapter 4 Claims in equity
Chapter 5 Authority, vicarious liability and undertakings
Chapter 6 Solicitors’ duties of confidentiality
Chapter 7 Limitation
Chapter 8 Contributory negligence and contribution

Part 2 Specific Claims
Chapter 9 Conveyancing
Chapter 10 Lenders’ claims
Chapter 11 Wills, estates and trusts
Chapter 12 Litigation

Part 3 Procedure
Chapter 13 Costs orders against solicitors
Chapter 14 Disclosure and privilege

Section B Professional Regulation and Discipline
Chapter 15 The regulatory framework for solicitors
Chapter 16 Misconduct, investigations and disciplinary proceedings
Chapter 17 Insurance law

Appendices

Publishing Details

Publication Date: 14 November 2019
ISBN: 9781526505293
Binding: Hardback
Edition: 4

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