Details
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.
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.
“...it is of enormous value to have a book which covers such [complex] challenges as well as providing a complete guide to all aspects of solicitors' negligence, especially if it deals with the topic in a full, reliable, comprehensive, and up-to-date manner...This second edition of Flenley and Leech, which already has the benefit of a solid reputation thanks to the previous edition, satisfies [these] requirements...” – The Rt Hon Lord Neuberger of Abbotsbury, January 2008, From the foreword to the second edition
“A book which everyone practising in the field should consider acquiring.” – Journal of Professional Negligence
“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…For anyone practising in this area of law, they should not be without a copy of Solicitors' Negligence and Liability.” – Student Law Journal
