Legal Profession

Solicitors' Claims: A Practical Guide

Edited by Anna Crew · CMS Cameron McKenna
Sweet & Maxwell U.K. September 2013

Specifications

ISBN-13
9780414031821
Publisher
Sweet & Maxwell U.K.
Publication
September 2013
Format
Paperback , 250 pages
Jurisdiction
U.K. ? Countri(es) for 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:
    • Was any duty of care owed In respect of claims by third parties?
    • What were the scope and limits of the solicitor’s retainer?
    • Was there a breach of duty?
    • Is there a limitation defence?
    • Causation
    • Quantum
    • Other contributors
  • 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

Table of Contents

  • 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

About the Author

CMS Cameron McKenna: 

Editor: Anna Crew 

Contributors: Zoe Burge, Joe Campbell, Richard Curd, Sophie Davies, Estelle Duxbury, Diane Jerry, Alys Jones, Peter Maguire and Lucy Russell.

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