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Solicitors' Claims: A Practical Guide

Edited by: Anna Crew

ISBN13: 9780414031821
Published: September 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £117.00



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Solicitors’ Claims: A Practical Guide assists those involved in solicitors’ professional indemnity—whether they are insurers, partners or lawyers in law firms or the bar, directors of risk or brokers—by drawing together the legal and practical issues which most commonly arise in these types of claims.

Where the context permits, chapters highlight potential problem areas and then discuss the legal principles which the courts will apply in determining issues of liability. Thereafter, an attempt has been made to summarise the factual matters which should be considered when a claim or potential claim arises, together with risk management issues and practical guidance as to how potential pitfalls can be avoided in the future.

Chapters in the Guide:-

  • In respect of claims by third parties 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?
  • Quantum
  • Are there any other 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

Subjects:
Professional Negligence, Professional Conduct and Ethics
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