Feb 25th 2017, 21:28

THE DEFINITIVE WORK OF REFERENCE ON PROFESSIONAL LIABILITY –
NOW IN A NEW EIGHTH EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Perhaps you’ve noticed. Indeed quite a few practitioners have noticed that in recent years, there has been an increase in enquiries about professional negligence claims and therefore increased activity in this area of negligence.

It’s a good thing therefore, and very timely – and rather a relief for practitioners -- that Sweet & Maxwell have just published this new eighth edition of ‘Jackson & Powell on Professional Liability’ as part of their renowned Common Law Library.



To say that the scope of the book is monumental is an understatement. Its formidable length of over 1,500 pages reflects the diversity and complexity of this area of law. The book covers some eighteen professions in all which we shall list later.

Also note -- and this is one of the many benefits of the book-- is the huge number of case law authorities -- namely almost 212 pages no less, of cases, statutes, statutory instruments and practice directions. One might observe that there are -- and have been -- an awful lot of cases out there of members of professional groups being sued.

Appropriately, the book is a team endeavour with twenty-six expert contributors, all full-time practitioners, headed by general editors John L. Powell QC and Roger Stewart QC and consultant editor Sir Rupert Jackson. Citing this book in court for example, carries an authority that is well nigh unassailable.

Fortunately for busy practitioners, the book is written in an accessible manner and logically organised over twenty-two chapters with numbered paragraphs throughout. With the benefits of a lengthy and detailed table of contents and index, the book is relatively easy to navigate, so that in most cases, you know what to look up and where with ease.

The first eight chapters examine subjects of general application, from duties, obligations and remedies to litigation, human rights, judicial review and professional indemnity insurance.

The chapters following deal with specific professions including – and here’s the list, topped by – (as you might have guessed) construction professionals -- and thereafter: surveyors… solicitors… barristers… medical practitioners… regulation of financial services… financial professionals… insurance brokers… accountants and auditors… actuaries… members and managing agents at Lloyd’s… information technology (IT) professionals… patent attorneys and trade mark attorneys.

The list ends with art professionals – a new subject covered in this new 8th edition, which of course contains a considerable amount of new material throughout.

The editors note that the section on professional liability law relating to medical practitioners has been kept necessarily short in view of the proliferation of case law on medical negligence, which would take additional volumes to cover and is probably a book in its own right. The government, of necessity, has allocated billions for the defence of legal action against doctors in particular.

Practitioners dealing with any matter relating to professional liability should regard acquiring this book as an absolute necessity. Over eight editions since 1982, it has become the definitive work on this intensely complicated area of law.

The publication date is cited as at 2017 and the law is stated as of September 30th, 2016.