The Law of Solicitors' Liabilities

by William Flenley KC, Tom Leech KC

Overview

The Law of Solicitors' Liabilities, previously known as 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 new 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.

- 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.

This title is included in Bloomsbury Professional's Professional Negligence Law online service.

Product Details

ISBN-13:	9781526505293
Publisher:	Bloomsbury Academic
Publication date:	10/15/2020
Edition description:	Fourth Edition
Pages:	1072
Product dimensions:	6.50(w) x 10.00(h) x 2.00(d)

About the Author

William Flenley KC practises in the fields of professional liability, insurance, regulatory and contract law, from Hailsham Chambers. He has appeared in a number of leading cases relating to the liability of professionals, including a trio of recent reported cases in the Court of Appeal: Addlesee v Dentons Europe [2020] Ch 243 (privilege), Group Seven v Notable Services [2020] Ch 129 (dishonest assistance in breach of trust), and Various Claimants v Giambrone & Law [2018] PNLR 2 (application of Saamco).

William is a former Chairman of the Professional Negligence Bar Association. He has contributed to Cordery on Legal Services and Professional Negligence and Liability, was deputy editor of Lloyd's Reports: Professional Negligence, and has lectured in law at the London School of Economics. He is a Bencher of the Middle Temple. He has been recommended as a leading barrister practising in professional liability by each of the two principal directories for many years.

William is also a board member of Thames Reach, a homelessness charity.

Tom is a KC and leading advocate at Herbert Smith Freehills. He joined the Global Advocacy Group after more than 20 years as a barrister at Maitland Chambers, a leading set of Commercial Chancery Chambers. He advises and appears for clients with commercial disputes, professional negligence, trusts, company and real estate disputes. Clients seek him out for his experience in multi-jurisdictional disputes and offshore jurisdictions, including Bermuda, Gibraltar, Jersey, Guernsey, DIFC and the Isle of Man. He is also one of the authors of the leading textbook Flenley & Leech on Solicitors' Negligence, now in its third edition, and a co-editor of "Spencer Bower: Estoppel" by Representation. His professional biography may be found on the Herbert Smith Freehills website:- see more at: https://www.herbertsmithfreehills.com/our-people/tom-leech-qc

Table of Contents

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 Real Estate
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 regulation of solicitors
Chapter 16 Disciplinary proceedings
Chapter 17 Insurance

Editorial Reviews

This is a book which has gone from strength to strength.” —The Commonwealth Lawyer

“The book is both succinct and comprehensive, and I shall have no hesitation in making it my first port of call when required to research a knotty point about solicitors.” —Gregory Treverton-Jones QC, The Law Society Gazette

From the Publisher