“At £95, this book is a steal…(this reviewer) will keep it firmly at his side at all times” Professional Negligence Law Review
Written by leading practitioners for practitioners, Solicitors' Negligence and Liability, 2ed, is a comprehensive and user-friendly guide to all aspects of solicitors' liability, from solicitors' negligence to liability in equity and wasted costs.
This practical reference book will enable you to deal confidently with the procedural aspects of bringing and defending a claim for solicitors' liability and provide you with the most detailed and up-to-date commentary available on lenders' claims against solicitors.
This new second edition has been substantially rewritten and revised to take account of numerous recent decisions at House of Lords and Court of Appeal level, including:
In the House of Lords:
- Commissioners of Customs & Excise v Barclays Bank (extent of duties of care)
- Sempra Metals, and Golden Strait v Nippon Yusen Kaisha (assessment of damages)
- Haward v Fawcetts, and Law Society v Sephton (limitation)
- Hilton v Barker Booth & Eastwood (conflicts of interest)
In the Privy Council:
- Barlow Clowes (the test for dishonesty)
In the Court of Appeal:
- SEB Trygg v Manches (warranty of authority)
It will also provide you with clear and detailed guidance on the latest developments in the law relating to claims against solicitors:
- The impact of the Council of Mortgage Lenders' Handbook on lenders' claims
- The sub-prime lending crisis
- The effect of the new Solicitors' Code of Conduct (2007)
- With specialist chapters on lenders' claims, conveyancing, and wills and litigation
- And brand new chapters on breach of warranty of authority and breach of undertaking, and breach of confidence.
This is essential reading for all solicitors, barristers and insurers working in this field.
Reviews:
Many solicitors are quite defensive about professional negligence claims, particularly against other solicitors. Questions often arise like what work falls below the standrd required of a reasonably competent solicitor. The answers to those questions (and more!) are covered in the excellent new edition of Solicitors' Negligence and Liability.
Written by two experienced barristers, the book covers the whole scheme of solicitor negligence. Impressively, the text first considers the essential principles. It later considers specific issues of negligence like conveyancing. This is an excellent approach because it allows the reader to understand the basic principles but then consider the finer points of negligence in a particular field.
Solicitors' Negligence and Liability is superbly written and provides both a clear and authoritative account of this area of law. The principles are well explained and include (where appropriate) detailed footnotes allowing the reader to undertake further research. The authors also wonderfully combine commentary with extracts from the key cases. This allows teh reader to understand the principles in context. Solicitors' Negligence and Liability also goes beyond simple professional negligence claims by considering issues like conflicts of interest and duties when giving non-legal advice.
For anyone practising in this area of law, they should seriously consider buying this book. It provides an extremely accessible and clear account of the law, the principles and their application meaning it is an excellent reference point for these claims. It is also extremely well written and its price means it provides excellent value for money.
