Professional Negligence Cases

Coverage dispute following commercial property fire centred on issues of fair presentation of risk, policy wording and waiver, and associated claim against broker

Claim against contract administrator following insolvency of contractor for over-certification of works, failure to identify defects and failure to warn regarding delays

Claim by beneficiaries against executors for imposition of restrictive covenants against title of bequeathed property and subsequent claim by the executors against their new solicitors for failure to issue against the old solicitors before expiry of limitation period

Claim against litigation solicitors for failure to marshall evidence and present the defence effectively and, in particular, failing to bring to the court’s attention the failures in full and frank disclosure by their opponent in obtaining ex parte freezing orders

Claim by liquidators on behalf of investors against former administrators and secured lenders following disputed event of default and sale of the development (a substantial hotel development funded by investors under a scheme designed to take advantage of Business Property Renovation Allowance) to a related party and a claim against the secured lender’s associated party for misrepresentation in the promotion of the scheme as to the availability of BPRA

Claim by elderly mother against son for set aside of transfer of family home on the grounds of undue influence, mistake and misrepresentation, and against solicitors for failure to advise on the implications of the transaction

Claim against City firm of litigation solicitors for failure to identify exception to the Duomatic principle and failure to strike out opponent’s defence

Claim against solicitors arising out of failure to serve an effective break notice in respect of city centre office premises, involving issues of causation

Claims against solicitors and pension administrators arising out of changes to UK disguised remuneration legislation and decisions over a period of 10 years as to the use of EBRT funds as security for lending to the beneficiary of a multi-million pound bonus settled into the trust following a successful IPO

Claim against three sets of advisers (solicitors and accountants) for failure to effect an employee incentive scheme because of various errors in descriptions and denominations of share classes and the failure to identify the errors at various stages in the implementation and exercise of the employee options

Claim by sisters against solicitors following failure to reflect correct formula for sharing proceeds between contributing landowners into sale of development site

Claim against contract administrator/project manager for failure to manage programme and quality of works on two large residential developments for overseas developer

Claim by buy-to-let property investment company against accountant for failure to file accounts on time and subsequent failure to notify client of late filing penalty or of consequent prosecution and resulting CCJ, leading to impact on interest rates on mortgage renewals

Claim against architect and contract administrator for negligently certifying defective works on residential development in SW4

Claim against conveyancing solicitors for dishonest assistance in the misappropriation of funds by directors of a company receiving deposits from investors in a buyer-funded development scheme

Claim by developer of Grade I listed building against architect for failure to identify cob construction of original walls, resulting in aborted and remedial works under supervision of conservation authorities

Claims against contract administrator for negligent project management in certifying defective work and failing to formalise variations and extensions of time

Claim against structural designer of concrete swimming pool on a sloped site with a high water table, involving issues of slab specification, drainage, geology and hydro-static forces

Claim against accountant for negligent advice relating to IHT, CGT, and BPR in respect of a number of discretionary trusts established as part of an estate planning exercise over a period of 12 years

Group claim against solicitors for failure to advise of risks and absence of legal protections in respect of the purchase of 25 off-plan units in a buyer-funded development

Claims against project manager for over-certification of insolvent contractor’s works and for failure to manage the project to time

Claim by owner of Premiership rugby club and associated businesses for failure by solicitors and financial advisers to adequately advise on corporate and funding structures

Claim against conveyancing solicitor for failure to spot last-minute change to TP1 on tier 1 transfer in a chain of back-to-back transfers, resulting in claims by the last buyer in the chain against the solicitor’s client for fraudulent misrepresentation and interference with related transactions for adjacent land up the chain

Claim against personal injury solicitor for failure to issue proceedings against holiday company in addition to hospital following complications arising from holiday sickness and subsequent treatment

Claim by ex-wife of KC against solicitors for failing to secure adequate financial settlement due to the drafting of a clause in the settlement agreement

Claim by bird observatory against broker following catastrophic fire and under recovery due to averaging following change in policy wording from “Sum Insured” to “Declared Value”

Claim against litigation solicitors in respect of substantive and procedural errors in the conduct of litigation against competing business set up in breach of covenants and confidentiality obligations by former senior employees

Claim against insurance broker for failure to advise client on basis of calculation of reinstatement cost of house with sub-structure and on principle of averaging in the event of under-insurance

Group claim against solicitors by investors in buyer-funded development following omission of rental guarantee from the contractual documents

Claim against former accountants of amusement-arcade business for failing to deal with VAT reclaims following successful challenges to HMRC classification of certain types of gaming machine

Claim against conveyancing solicitors for failure to warn elderly mother to seek independent advice on conveyance of her home to her son

Claim by former wife of King’s Counsel against solicitors for failure to draft settlement agreement so as to protect an entitlement to the full value of an agreed allowance for purchase of new property

Claim against structural engineer and main contractor for inadequate foundations on extending an inadequately supported residential property

Claims against architects for negligent advice in relation to Building Regs and against main contractor for defective work on change of residential scheme from extension to demolition and new build

Claims against contract administrator for failure to manage contractor during commercial refurbishment contract

Claim against solicitors and accountants for mistake in the Articles regarding capital rights attaching to a class of shares which failed to reflect the agreed, and HMRC-cleared, corporate restructuring

Claim against engineering contractor for negligent conversion of boilers from LFO to kerosene on nuclear naval base

Claim by liquidators against auditors of scrap metal recycling business for dishonest assistance, following breach of fiduciary duties by and limited recovery against directors

Claim by London Borough against contractor for failing to adequately protect a bridge during repair, with the result that the bridge was swept away by flood waters

Claim against solicitors firm in liquidation, covered by an insurer in liquidation and backed by the FSCS, for failure to obtain instructions from second beneficiary claimant

Claim against plumber following failure of three compression fittings on the upper floors of a block of student flats, defended on the grounds of an alleged ‘water hammer’ event

Claim against solicitors for failing to protect non-marital assets through a pre-nuptial or by other means

Claim against solicitors for various failures to protect investors in off-plan purchases of student accommodation

Claim by mutual fund against investment manager for abrupt liquidation of portfolio ahead of transition to another manager

Claim against solicitors/attorney under PoA and additional claim against financial adviser following unexpected tax consequences and maturity of investment bonds insured on life of donor on his death

Claim against solicitors and property agents for failing to include suitable provisions to secure substantial overage on sale of land for development in south east London

Claim by beneficiary against probate solicitors for failing to notice error in execution of varied will shortly prior to death of testator

Claims arising from equalisation advice of various pensions advisers and financial advisers, resting on loss of chance and limitation issues, as well as breach

Claim by billionaire fashion retailer against financial broker for closing out positions and for failure to pay margin calls

Claim against litigation solicitors arising out of litigation representation and failure to notice incoming response from opponent agreeing to settlement meeting

Claim by football club against broker for under-insurance allegedly caused by failure to advise on relevant principles of business interruption cover and property cover, following a fire at the club

Claim by 21 pension fund investors against SIPP provider and offshore tax wrapper provider following misappropriation of funds to investors’ IFA

Claim against corporate solicitors for losses arising from debt to equity conversion in circumstances where the solicitor had acted for both parties

Claim against international firm of solicitors for negligence in gathering evidence of insured loss of wheat stock in Mali

Claim against conveyancing solicitors in failing to warn purchasers to formalise arrangement with neighbouring farmer granting an easement for electric cables, and subsequently conducting failed litigation against the farmer

Claim against accountant for failing to advise against tax avoidance scheme, defended on the grounds of being an introducer only

Claim by purchasers against building surveyor for failure to identify structural defects in 17^th century residential property

Group claim against solicitors for failure to warn of and protect against risks of investors losing deposits in off-plan student accommodation development

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 engineers rupturing 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 solicitor for 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 surveyors for 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 architect for 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 solicitors for 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 team for failing to effect life insurance prior to death of one of two joint borrowers

Claim against financial advisers for £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 surveyor relating 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 Regulation 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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