Professional Negligence Cases

• Claim against solicitors for failure to adequately warn director of company client about a personal guarantee in an SPA.

• Claim against solicitors and barrister for failure to file CPR-compliant defences in a claim brought for a declaration that a property transfer from a mother to her son was void for undue influence and duress.

• Claim by gas network operator for losses caused by civil engineersrupturing a gas main supply to 3,500 homes.

• Claim by charity trustees against solicitors for negligent conveyancing of commercial leases in failing to advise as to the area to be leased, and various onerous clauses in the lease.

• Claim against electrical engineers following a fire in an industrial oven caused by failure of temperature controllers.

• Claim against accountants for breach of trust in paying away monies to another client’s order pursuant to an incompletely documented share purchase/investment agreement and related security documents.

• Claim by beneficiaries against testator’s solicitor for breach of duty in respect of a negligently drafted lifetime agreement between sibling beneficiaries. 

• Claim against conveyancing solicitorfor failing to notify a purchaser client of a CPO notice. 

• Claim against financial adviser for negligently advising low-risk investor to lend £500k with a company investing in Traded Life Policies, defended on the grounds of no-advice and contributory negligence.

• Claim against solicitor for failure to advise against entering into second Tomlin Order clarifying earlier TO and resulting in satellite litigation.

• Claim against tax adviser for loss of Entrepreneurs’ Relief on non-voting shares held by spouse.

• Claim by bridging lender against valuers for over-valuation of substantial residential property in west London.

• Claim against solicitors in respect of the handling of a serious personal injury claim against the claimant’s dissolved employer and employer’s liability insurer, the latter of which had declined cover on grounds of material misrepresentation, involving issues under the 1930 and 1996 Insurance Third Parties Acts and the presentation of quantum evidence to the court in the disposal hearing.

• Claim against broker for failure to advise on escalation clause in income protection policy.

• Claim against solicitors for failure to report favourable settlement offer during matrimonial financial settlement proceedings.

• Claim against financial adviser for reduction in CETV caused by delay in obtaining and processing information from the scheme administrator.

• Claim against conveyancing solicitors in respect of failures to protect against developer’s insolvency and failure to obtain planning permissions relating to the construction of a large residential property.

• Group claim against solicitors in respect of security protection in off-plan student property development investment scheme.

• Claims by medical experts against solicitors for fees for reports in bulk PI claims work, defended on grounds of informal understanding said to amount to “no win no fee”.

• Claim against solicitors for failing to include termination and refund clauses in off-plan property investment agreements.

• Claims against insolvent surveyors for three negligent valuations for bridging finance providers. 

• Claim against solicitor for breach of trust in releasing loan monies to third party without any completed loan or security documentation from the borrower. 

• Claim against structural engineers regarding attempts to stabilise and convert 17th and 18th century timber barns to residential use. 

• Claim by course provider against Authorised Organisation for negligence in process of obtaining Performance Points from the Department of Education for Accredited courses. 

• Claim against project management company for unreported costs overruns on the refurbishment of two hotels within an investment portfolio. 

• Claim against auditors for failing to identify employee fraud over seven audit periods and failing to identify weaknesses in control systems; issues of contributory negligence regarding recruitment of convicted fraudster and weak management by directors. 

• Claim against insurance broker by horticultural business for under-insurance of glasshouses, buildings and business interruption risks. 

• Claim against solicitors for failing to include ransom strip under a second title number within a charge and for failing to register the charge. 

• Claim against solicitors for failure to protect interest-rate-hedging-product mis-selling claims against limitation defences. 

• Claim by homeowners against architect for allegedly wrongly advising that planning permission was not required for an extension to their home. 

• Claim by purchasers of stately home against surveyorsfor failure to discover dry rot including claims for diminution in value and loss of profits in wedding venue business. 

• Claim against architect by main contractor on design and build contract for under-specification of fixings on drawings for insulation system under balcony soffits on public housing scheme. 

• Claim by solicitors for fees and disbursements under a CFA and counterclaim for negligence in handling of the underlying litigation against planning consultants. 

• Claim against solicitors for alleged failures in disclosure and warranty advice on the purchase of shares in a company owning a substantial hotel and development land. 

• Claim by mortgagor against mortgagee and LPA Receiver for breach of duty to obtain a reasonable price following alleged failure to approach interested parties. 

• Claim against solicitors for negligent drafting of onerous break clause and for invalid execution of break notice. 

• Claim against solicitors for failure to secure the registration of a restriction in respect of an overage agreement. 

• Claim against solicitors for negligent advice in respect of settlement of underlying litigation relating to Government training programmes. 

• Claim against solicitors for under-settlement of ancillary relief claim in divorce proceedings, specifically in respect of pension assets. 

• Claim by trustees of a pension scheme against solicitors for failing to bring claims against accountants within limitation periods. 

• Claim by wife of pathological gambling addict against online gambling company for return of £1.7m taken from her account and said to have been knowingly received by the defendant, with an alternative claim for breach of duty in allowing a gambler who had attempted to self-exclude to continue to gamble, in her name.

• Claim against architect, main contractor and sub-contractor for replacement of water treatment plant on commercial site due to under-sizing of soakaway. 

• Claim against architectfor negligent design of a “warm roof” and ancillary structures in a spa building extension to a hotel in the Lake District.

• Claim against quantity surveyor for failure to obtain best price on substantial residential refurbishment project and for allowing main contractor to obtain excessive profits on sub-contracted works. 

• Claim against principal contractor and sub-contractors for breach of statutory duties (Control of Asbestos Regulations, CDM Regulations), negligence and breach of contractual duties, and counterclaims for contributory negligence following shot-blasting of bitumen paint containing several forms of asbestos fibres. 

• Claim against solicitors for failure to identify the route of drains during a residential conveyance.

• Claim against a pensions adviser following transfer of pension fund to a SIPP and onward investment into an “exotic” agro-energy scheme in Cambodia.

• Claim against surveyors for under-valuation of a flagship office building in Leeds.

• A claim against solicitors for failure to assert an unfair prejudice petition and to obtain adequate security against the majority shareholders who were acquiring their client’s minority shareholding.

• Claims by beneficiaries against deceased’s IFA and solicitors for failure to provide relevant financial information and failure to analyse the information in the production of the deceased’s will.

• Claim against uninsured valuers of two investment properties following failure to identify issues with common parts.

• Claim against solicitors for mishandling of a claim for non-completion of a conveyancing transaction and subsequent application of proceeds against own invoices and claims for overcharging of fees.

• Claim by bank against surveyors for under-valuation of 25-acre 280-unit development site in Scotland.

• Claim by bank against surveyors in respect of under-valuation of a commercial property to be used as an enterprise college, including the issue of the appropriateness of development costs as a basis for valuation.

• Claim against solicitorsfor failure to register restrictions protecting overage covenants involving technical issues as to whether such restrictions against disposition amounted to restrictive covenants.

• Claim against solicitors and barrister for negligence in respect of their advice to compromise an earlier claim just before trial.

• Claim by bank against surveyor and solicitors for failure to identify planning and contractual issues allegedly impacting value and suitability of security over a 124-unit development site. 

• Claims against valuers in respect of inadequate access and mistake as to number of bedrooms in valuing mortgage security, with attendant issues of contributory negligence regarding lending policy and failure to mitigate in enforcing the security.

• Solicitors' negligence claims in respect of alleged failures to perfect securities in favour of a private bank.

• Claim against bank's wealth management teamfor failing to effect life insurance prior to death of one of two joint borrowers.

• Claim against financial advisersfor £750,000 in relation to the purchase of an investment bond, involving issues of risk profiling, commissions, third party adviser liability and quantum.

• Solicitors' negligence claim arising out of mortgage security shortfalls following fraudulent mortgage transactions involving sham firms.

• Claims by lender against surveyors in respect of valuations of two properties, including issues of comparables, acceptable margins of valuation, contributory negligence in the lending and mitigation.

• Claim against surveyors for failing to identify in survey report that one of two bedrooms of an off-plan apartment once built had a greater than anticipated open-plan aspect, resulting in difficulty in letting as a two-bedroom property.

• Claim by local authority pension fund against building surveyors and against M&E surveyors following acquisition of commercial office property with air-conditioning system which breached EC environmental regulations.

• Claim against solicitors for allowing limitation period to lapse in respect of a claim for clinical negligence following serious brain injury.

• Tranche of 30 claims against a group of surveyors, managed by the run-off vehicle of a group of financial institutions.

• Claim against finance director for negligent accounting advice.

• Claim by lender against solicitors for negligent mistake in redemption statement.

• Claim against architect for negligence in design of civic building scheme.

• Claim by bank against solicitors for negligent drafting of banking agreement on corporate transaction.

• Mediation scheme between bank and insurer involving the mediation of tranches of lender claims against solicitors.

• Claim against barrister and solicitors for conduct of matrimonial litigation.

• Claim against accountants for valuation of target business.

• Group of claims against valuers by lender in respect of various residential properties.

• Large group of lender valuation claims.

• Private claim against surveyorrelating to subsidence issues.

• Legally-aided claim against surveyor and subsequent valuer in relation to allegedly overlooked structural defects.

Stuart has experience as a litigator of claims involving allegations of negligence and regulatory breaches against solicitors, auditors, tax advisers, surveyors and IT professionals, including the following examples:

• Claim against accountant for negligent tax advice leading to unclaimed CGT allowances.

• Advising major national surveyors’ practice in disciplinary proceedings brought by the RICS following breaches of regulations relating to administrative control and accounting.

• Claim against auditors by listed company following discovery of major “hole” in the balance sheet of contracting division.

• Claim against solicitors for loss of chance following failure to pursue certain claims diligently and protect clients from impact of Legal Aid charge.

• Claims by Lloyd’s Name against underwriters for negligent underwriting.

• Claim against auditors by Co-operative Society following discovery of fraud in motor-trading division.

• Claim against IT services company following allegedly negligent design and implementation of mobile telecoms portal system.

• Advising incorporated solicitors’ practice on investigation by Solicitors Regulatory Authority into various regulatory breaches.

• Proceedings against auditors relating to the collapse of listed computer company.

• Claim against software supplier and consultants for negligent under-sizing of computer hardware required for system.

• Claim against former accountant for non-production of financial statements.

 

 

 

 

 

 

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