Construction

Professional Negligence

Chambers is regularly instructed in claims for negligence against solicitors, surveyors, architects, accountants and allied professionals. Chambers has a particular expertise in marine associated litigation, from yacht surveyors’ negligence to insurance related disputes. Over the years, the members of the Professional Negligence Team have acquired considerable knowledge and experience of the legal and technical issues that can affect the bringing or defending of claims against a professional person or body.
Recent cases have included:

• A claim against a firm of solicitors for failing to advise a purchaser on the existence and effect of a right of way.

• Successfully resisting an architect’s appeal to the Court of Appeal in a claim for damages for the negligent supervision of substantial building works.

• A claim in the Birmingham TCC against a national firm of surveyors for the negligent preparation of a pre-purchase survey of a substantial property in Little Aston in Birmingham.

• A High Court claim against a firm of accountants for negligent advice in relation to the personal and corporate tax affairs of a franchisee.

• Claims in the TCC against piling contractors for the negligent insertion of piles.

• A claim in the Central London County Court against an FSA adviser for negligence and for breach of confidence.

• A claim against a solicitor for failing to include a forfeiture clause in a commercial lease.

• A claim in the Chancery Division against a Marine Insurer for the loss of a motor cruiser.

CFAs or similar arrangements are accepted by most members of Chambers in professional negligence claims where the merits of the case and the surrounding circumstances render it appropriate.

Cases

2007
Court of Appeal - Alan Phillips Associates v. Dowling
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2007
High Court Chancery - Finlan v Eyton Morris Winfield (A Firm)
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December 2004
Baldock v Webster
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2004
Court of Appeal - Sykes v Taylor Rose
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2002
[2002] EBS Pension Trustees v. Johnson & ors Lloyd's Rep PN 309 CA
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