Jackson & Powell on Professional Liability

"Jackson & Powell on Professional Liability" is a comprehensive legal text that provides in-depth coverage of the law of professional liability. Here is a detailed overview of the book:

Key Themes

1. Nature of Professional Liability:

   • The book examines the fundamental principles of professional liability, including the existence and breach of a duty of care, which is crucial for establishing whether a cause of action exists[3][5].

2. General Application and Specific Professions:

   • It deals with subjects of general application, such as the differences between tortious and contractual liability, as well as delving into specific professions like accountants, medical professionals, and surveyors[3][5].

3. Duties and Obligations of Professionals:

   • The text considers the duties and obligations of professionals, including positive duties and restrictions. It also explores the standard of skill and care required, including the relevance of the defendant’s qualifications and experience[3][5].

4. Fiduciary Duties:

   • The book explains the nature of a fiduciary duty, including unauthorized profits and undue influence. It also discusses the origins of the duty of confidentiality and the continuing duty to former clients[3][5].

5. Limitation Periods:

   • It differentiates between limitation periods in contract, tort, and equity, providing practitioners with a clear understanding of when actions can be brought[3][5].

Plot Summary

The book is structured to provide a comprehensive guide to the law of professional liability. It covers various aspects of professional liability, including:

• Insurance: The text discusses recent case law, such as Lord Bishop of Leeds v Dixon Coles & Gill, which provides guidance on aggregation of liabilities[5].
• Scope of Duty: It examines significant decisions from the Supreme Court, such as Manchester Building Society v Grant Thornton UK LLP and Meadows v Khan, which refine the scope of duty principle relevant to claims against most professionals[5].
• Surveyors: The book discusses the liability of surveyors, as seen in Hart v Large, where a negligent surveyor was held liable for the difference in value between the purchase price and the actual value of the property[5].

Critical Reception

While specific reviews are not provided in the sources, the book is widely regarded as the definitive text on professional liability. It is essential for every practitioner seeking to establish whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists and explaining the remedies available[3][5].

Editions and Supplements

The book is available in its 9th edition, with a 3rd supplement. This edition addresses all key developments and case law that have evolved since the publication of the previous edition, including several significant new cases and developments[2][3].

In summary, "Jackson & Powell on Professional Liability" is a comprehensive and authoritative text that provides practitioners with a detailed understanding of the law of professional liability. Its key themes, including the nature of professional liability, duties and obligations of professionals, fiduciary duties, and limitation periods, make it an essential reference point for legal practitioners.