Professional Negligence

Members of Chambers have extensive experience and expertise in professional negligence litigation.

Our members are regularly instructed in claims against solicitors, barristers, surveyors, construction, planning and environmental professionals. A particular strength is being able to use the expertise of individual members in different specialist fields which can then carried across into a wide range of professional negligence issues.

Members of the team have substantial experience in the fields concerned; they understand the underlying factual and technical issues which may arise. In legal professional negligence, different members will have hands on experience of clinical negligence, personal injury, matrimonial finance and environmental work as well as a wide range of other civil litigation whose previous management has become a matter of dispute.

Members bring this keen and practical insight into the subject matter and couple it with first class advocacy skills.

Notable cases include:

• Earl Spencer v (1) Mostyn (2) Clarke: Represented Sir Nicholas Mostyn and Elizabeth Clarke in a claim against them which was discontinued.
• Warner v Penningtons & Ors, Acted for costs consultant.
• (CA) Part 20 claim by defendant solicitors against expert witness (a rehabilitation costs consultant) summarily dismissed: no reasonable prospect of success.
• Rybak v Langbar International: Acted for solicitors.
• (Ch D): Solicitors had not failed in their duty to the court either to give full and frank disclosure for a without notice injunction or later in preparing witness statements.
• D Morgan Plc v Mace & Jones (a firm): For the Solicitors. (2010)
• (TCC): £50m solicitors’ negligence claim concerning planning permission for landfill dismissed.
• Symrise AG v Baker McKenzie: junior counsel for the solicitors who, while being found in breach of duty for failing to advise competently on a tax reduction plan, were successful in having the claim dismissed on grounds that the claimant had not taken reasonable steps to mitigate its loss, which could have been entirely extinguished.

1 Crown Office Row is ranked as a leading set for this area; “1 Crown Office Row handles professional negligence cases involving lawyers and construction, planning and environmental professionals. The practice is also closely linked to its market-leading clinical negligence expertise.” (Legal 500 2017)

For information on our team based in Brighton, please click here.