Solicitors' Claims: A Practical Guide

Author: Anna Crew; CMS Cameron McKenna
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414031821
Published In: September 2013
Format: Paperback , 250 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Details

Draws together the legal and practical issues which most commonly arise in claims against solicitors
Offers practical advice for solicitors and those dealing with solicitors’ professional indemnity
Covers the main areas of legal liability
Answers the key questions of:

Deals with specific problem areas in individual chapters, examining the following in relation to each:

applicable legal principles that courts will use to determine issues of liability, including latest case law developments
factual matters which should be considered alongside claims
guidance on how potential pitfalls can be avoided
identifies the underlying causes of claims against solicitors
looks at practical claims handling issues
goes through strategic considerations relating to settlement of claims
addresses costs issues when considering settlement, including the impact of the April 2013 Jackson reforms

Introduction
In respect of claims by third parties (i.e. non-clients) was any duty of care owed?
What were the scope and limits of the solicitor’s retainer?
Was there a breach of duty
Is there a limitation defence?
Causation – what difference did the alleged breach of duty make?
Are there any potential contributors?
Underlying causes of Claims
Practical Claims Handling Issues
Settlement: strategic considerations and cost issues
The April 2013 Jackson Reforms: key provisions, strategic considerations and potential pitfalls