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The Law of Solicitors' Liabilities 4th ed

ISBN13: 9781526505293
Previous Edition ISBN: 9781847668714
Published: August 2020
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £185.00

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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.

Professional Negligence, Professional Conduct and Ethics
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