At a time when professionals are increasingly under time and costs pressures and there can be a temptation to delegate knowledge to algorithms and unqualified assistants, this seminar aims to look at issues and recent developments pertaining to duty of care, breach, causation and damages so as to identify when there has been a professional failure.
The seminar inevitably interrogates the issue of whether the extent of protection of professional people is appropriate and justified.
- Solicitors Liability and Damages since Hughes-Holland v BPE Solicitors and Wellesley LLP v Withers LLP
These are two of the most important cases in the last few years, dealing with the nature and scope of a solicitor’s duty of care foreseeability and loss of chance, particularly in the context of commercial and conveyancing transactions.
- “Loss of a chance”: Factoring the different models of causation into the assessment of lost chances in professional negligence cases.
Causation is key to all tort cases, both in terms of analysing liability and also how that translates into the assessment of value of any loss. When such litigation goes wrong then this adds a further twist in identifying liability and value of a claim. The presentation will address the whys and wherefores and illuminate potential traps.
- Liability to Third Parties: An analysis into the instances of liability owed to third parties
Clients are at the heart of our professional lives. They are the source of the brief and the one to whom we direct our professional care and attention. However, there are circumstances in which it is possible for solicitors to owe duties to a party alien to this relationship. This talk focuses on this latter duty, and the ingredients which may cause a solicitor to widen her professional care and attention to the third party.
Followed by Questions