Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Professionals and Fiduciaries- Perils and Pitfalls

Image not available lge
Simon BaughenSenior Lecturer in Law, University of Bristol

ISBN13: 9780953359943
ISBN: 0953359948
Published: June 2002
Publisher: Gostick Hall Publications
Format: Paperback
Price: £48.00

Although the recent House of Lord's decision in the Twinsectra case appears to have lessened the risk of a professional being found to have been dishonest when assisting a client to perpetuate a wrong against a client, there are a growing number of circumstances when a professional may incur liability. As the author shows, the line separating negligence from dishonesty is still all too easy to cross. And what, for this purpose, is dishonesty? And what is "Nelsonian" knowledge, and what are its consequences? All professional partnerships are more acutely aware of the risks of becoming liable to a third party through the actions of their clients. Solicitors, accountants, notaries and insurance brokers, bankers, tax advisors and trustees are all exposed to risk unless the dangers are understood. Furthermore, the seriousness of this risk is compounded by the fact that where there is dishonesty, the protection of a professional indemnity policy will not be available. Add to this the dangers of partners becoming vicariously liable, then there is every need for Simon Baughen's analysis of the risks. With a systematic examination of the cases the author constructs an understandable perspective of diverse and complex judicial interpretations. Knowing receipt and knowing assistance receive particular treatment, which will be welcome to all professionals and lay a good foundation to understanding this growing area of risk.

Image not available lge
Equity and Trusts
The Professional as Fiduciary
Equity, Knowing Assistance
Economic Torts
Equity, Knowing Receipt
Common law - the action for money had and received
Proprietary claims
Vicarious liability