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Professional negligence news

Professional negligence

Members of 7KBW are regularly involved in professional negligence cases including claims against accountants, auditors, brokers, surveyors and solicitors.

Members have been involved in many of the leading professional negligence cases of recent years, such as the Buncefield litigation, Barings and Aneco.

7KBW is listed as a leading set in both Chambers UK and the Legal 500, and also in the other major directories.  Its experience extends far and wide, from bookmakers to the Registrar of Companies, from recruitment agents to tax advisers, and much else besides.

Auditors and Accountants

Chambers has particular expertise in relation to professional negligence claims against accountants and auditors. Members of Chambers have appeared in all the major audit negligence cases of the last decade, including Cattles v. PwC, Equitable Life v Ernst & Young, MAN v Freightliner and Barings v Coopers & Lybrand.

Insurance and Reinsurance related Cases

Members often advise and act in relation to disputes involving related professional negligence issues in the insurance context, including insurance and reinsurance of professional indemnity claims and claims against insurance brokers.  Seminal cases have included Gooda Walker, Henderson v Merrett, Aneco Reinsurance Underwriting v Johnson & Higgins.

Recent Leading Cases

  • Group Seven v Notable Services LLP [2019] EWCA Civ 614
  • Cattles v. PwC (audit negligence claim concerning the collapse of one of the largest UK Consumer Finance groups).
  • Sebry v. Companies House [2015] EWHC 115 (establishing that the Registrar of Companies owes a duty of care to trading companies).
  • Renewable Power v. Light v. McCarthy Tetrault and Grant Thornton [2014] EWHC 3192 (the case is believed to be the first attempt to hold a Nominated Adviser liable in respect of an admission to AIM).
  • Orlen Lietuva v. Aon Limited (Gavin Kealey QC, Michael Holmes, Elizabeth Lindsey and Andrew Pearson acted for the insured operator of an oil refinery in this claim for over £100m against AON, alleging that AON had been negligent in relation to its business interruption cover).
  • Ritz Hotel Casino Ltd v. Noral Al-Daher [2014] EWHC 2847 (a claim against the Ritz Hotel concerning the duty of care owed by a casino to players).
  • Equitas v. Walsham Brothers [2013] EWHC 3264
  • Starlight Shipping v. Allianz Marine [2012] 1 Lloyd’s Rep. 162
  • “Buncefield” Colour Quest Ltd v Total Downstream UK Plc
  • Dunlop Haywards (DHL) Ltd and Anor v Erinaceous Insurance Services Ltd
  • Dunlop Haywards (DHL) Ltd and Anor v Barbon Insurance Group
  • Graham Calvert v William Hill Credit Limited
  • Henderson v Merrett
  • Equitable Life v Ernst & Young
  • MAN v Freightliner
  • Barings v Coopers & Lybrand 
  • Aneco Reinsurance Underwriting v Johnson & Higgins
Court of Appeal judgment on construction and estoppel in ABN Amro v RSA - ABN Amro Bank NV v Royal & Sun Alliance Insurance and others [2021] EWCA Civ 1789 The Court of Appeal has given judgment in two appeals against specific issues arising out of the decision of Mr Justice Jacobs in ABN Amro Bank NV v Royal & Sun Alliance Insurance and others [2021] EWHC 442 (Comm)....

08th Dec 2021
7KBW team succeeds in seminal Supreme Court case on the “scope of duty” principle - Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 Three members of 7KBW have won a seminal victory in the Supreme Court in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20. Today’s judgments are intended to be read with those in the medical negligence case of Khan v Meadows [2021]...

18th Jun 2021
A tale of Cocoa, Cargo Insurance, and Credit Risks - ABN Amro Bank N.V. -v- Royal & Sun Alliance Insurance plc and others [2021] EWHC 442 (Comm) Two teams of 7KBW barristers appeared in this Commercial Court litigation. Following a 5-week trial in autumn 2020, Mr Justice Jacobs has handed down a 263-page judgment which provides illuminating guidance in relation to numerous areas of the...

01st Mar 2021
Supreme Court clarifies the illegality defence: James Goudkamp - Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 The Supreme Court unanimously dismissed the appeal in Henderson v Dorset Healthcare University NHS Foundation Trust on 30 October 2020. James Goudkamp was a member of the Counsel team instructed by the respondent. Henderson is a landmark decision concerning the illegality defence. It confirms...

02nd Nov 2020
Carillion v KPMG: 7KBW teams act in pre-action disclosure application - Carillion plc (in liquidation) v KPMG LLP and KPMG Audit plc [2020] EWHC 1416 (Comm) 7KBW teams acted on both sides of Carillion plc’s application against KPMG for pre-action disclosure, in which the Commercial Court has handed down judgment in KPMG’s favour. KPMG (represented by Jonathan Gaisman QC, James Brocklebank QC, and Ralph Morley) successfully...

03rd Jun 2020
David Allen QC and Jason Robinson successfully apply on behalf of the shareholders of FBME Bank for an order that two former Scotland Yard police detectives and private investigators are in contempt of Court - Saab v Dangate Consulting Ltd & Ors [2020] EWHC 48 (Comm) Following her Ladyship’s judgment in June 2019 ([2019] EWHC 1558 (Comm)), Mrs Justice Cockerill has found that the two former Scotland Yard police detectives and private investigators are in contempt of Court for failing to deliver up all confidential documents obtained by them during...

15th Jan 2020
Court of Appeal decision in €100 million civil fraud claim - Group Seven Ltd v Notable Services LLP [2019] EWCA Civ 614 The Court of Appeal has handed down judgment in a major civil fraud case concerning the theft and laundering of €100 million. In Group Seven Ltd v Notable Services LLP [2019] EWCA Civ 614, Sonia Tolaney QC and Michael Ryan, instructed by Alan Sheeley...

07th May 2019
Privy Council clarifies the nature and scope of the oppression remedy - Galantis (Respondent) v Alexiou and another (Appellants) (Bahamas) [2019] UKPC 15 Stephen Hofmeyr QC and Anna Gotts appeared for the successful Appellants in this appeal to the Privy Council.   This decision brings welcome clarity to the scope of the oppression remedy, confirming inter alia that its application is limited to cases in which a company...

08th Apr 2019
Early strike out of £39 million fraud and conspiracy claim achieved for Ernst & Young - Cunningham v Ellis & Others [2018] EWHC 3188 (Comm) James Brocklebank QC and Ralph Morley have successfully secured the dismissal of a £39m Commercial Court fraud and conspiracy claim against their client, Ernst & Young (EY). The claim was struck out and summary judgment was given in favour of EY. The claimant had been majority...

03rd Dec 2018
Successful defence of civil fraud claim brought by liquidators of major company - Instant Access Properties Ltd v Rosser &ors [2018] EWHC 756 (Ch) Michael Ryan of 7KBW acted in the successful defence of a substantial civil fraud action.  The Inside Track Group was, prior to the financial crash, one of the largest property investment concerns globally.  In Instant Access Properties Ltd v Rosser & ors [2018] EWHC...

18th Apr 2018
Trilogy Management Limited v Harcus Sinclair - Christopher Butcher QC and Harry Wright obtained summary judgment on behalf of a firm of solicitors facing a claim in negligence by a (non-client) third party , on the basis that the claim was statute barred. The case was unusual in that it was the Defendant’s second application for summary disposal of the claim. It...

24th May 2017
Pemberton Greenish LLP and Jane Margaret Henry - [2017] EWHC 246 (QB) Harry Wright acted for the successful Defendant, a solicitor sued by her former law firm for alleged breaches of duty arising in the context of a mortgage transaction in which the borrowers turned out to be fraudsters. The Claimant suffered loss in settling with the mortgage lender, and having been indemnified...

16th Feb 2017
Commodities Research Unit International (Holdings) Ltd v King and Wood Mallesons LLP - [2016] EWHC 727 (QB); [2016] PNLR 29 Claim against a major law firm in relation to advice on the termination of a services contract. To view the judgment please click here....

05th Apr 2016
Sebry v Companies House - LIABILITY OF REGISTRAR OF COMPANIES IN NEGLIGENCE Clive Freedman QC leading Neil Mendoza, and instructed by Neil Jamieson of Clyde & Co, has succeeded in establishing a duty of care against the Registrar of Companies in a high profile case. A company which had been in existence since 1900 was driven into administration within 7...

26th Jan 2015
Renewable Power & Light v McCarthy Tetrault and Grant Thornton - In this case Renewable Power & Light (“RPL”) brought claims against former advisers in relation to its admission to trading on AIM, the alternative investment market of the London Stock Exchange, in 2006. One claim was against Grant Thornton which had acted as Nominated Adviser for the purposes of the AIM Rules, the contention being...

18th Nov 2014
Anglo Financial SA v Goldberg - DELAY CAN BE FATAL TO A FREEZING INJUNCTION Clive Freedman QC, instructed by Jack Rabinowicz of Teacher Stern LLP, successfully resisted an application to renew a freezing order. On 11 August 2014, Asplin J made a freezing order against the Defendant in the amount of £1.6 million, but Roth J on the adjourned return date...

07th Oct 2014
Petrocapital Resources Plc v Morrison and Foerster (UK) LLP - [2013] EWHC 2682 (Ch D) Trial in the Chancery Division concerning a claim against solicitors in relation to convertible loan notes and irrevocable undertakings (led by Justin Fenwick QC). To view the judgment please click here....

06th Sep 2013
Igloo Regeneration (General Partner) Ltd v Powell Williams Partnership - [2013] EWHC 1859; [2013] 5 Costs L.O. 746 Following the successful defence of an action at trial, Michael and Anneliese Day QC secured an order for indemnity costs against the claimants. To view the judgment please click here....

24th Jun 2013
Starlight Shipping v Allianz Marine - James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece...

16th Jan 2012
Balmoral Group Limited v Borealis (UK) Ltd - David Allen, Charles Holroyd and Benjamin Parker were involved in this leading case on the seller’s obligations as to the quality of goods supplied under international sale contracts. One of the largest product liability cases in the Commercial Court, David Allen Q.C. led Charles Holroyd for the Defendants, successfully defending a claim exceeding £50 million...

01st Jan 2012
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Professional negligence barristers

Gavin Kealey KC

Silk: 1994 | Call: 1977

Timothy Saloman KC

Silk: 1993 | Call: 1975

Jonathan Gaisman KC

Silk: 1995 | Call: 1979

Dominic Kendrick KC

Silk: 1997 | Call: 1981

Alistair Schaff KC

Silk: 1999 | Call: 1983

Stephen Hofmeyr KC

Silk: 2000 | Call: 1982

Adam Fenton KC

Silk: 2003 | Call: 1984

Stephen Kenny KC

Silk: 2006 | Call: 1987

Richard Southern KC

Silk: 2006 | Call: 1987

David Bailey KC

Silk: 2006 | Call: 1989

David Edwards KC

Silk: 2006 | Call: 1989

David Allen KC

Silk: 2008 | Call: 1990

S J Phillips KC

Silk: 2009 | Call: 1993

Siobán Healy KC

Silk: 2010 | Call: 1993

James Drake KC

Silk: 2011 | Call: 1998 (South Australia 1985; New York 1992)

Peter MacDonald Eggers KC

Silk: 2011 | Call: 1999

Andrew Wales KC

Silk: 2012 | Call: 1992

Rebecca Sabben-Clare KC

Silk: 2012 | Call: 1993

Richard Waller KC

Silk: 2012 | Call: 1994

Jawdat Khurshid KC

Silk: 2018 | Call: 1994

James Brocklebank KC

Silk: 2018 | Call: 1999

Michael Holmes KC

Silk: 2021 | Call: 1999

Josephine Higgs KC

Silk: 2022 | Call: 2000

N G Casey KC

Silk: 2023 | Call: 2005

Charles Priday

Call: 1982

Gavin Geary

Call: 1989

Timothy Kenefick

Call: 1996

Charles Holroyd

Call: 1997

Simon Kerr

Call: 1997

Benjamin Parker

Call: 2000

Anna Gotts

Call: 2001

Alexander MacDonald

Call: 2001

Jessica Sutherland

Call: 2003

Marcus Mander

Call: 2005

Richard Sarll

Call: 2005

Emma Hilliard

Call: 2006

Sarah Cowey

Call: 2006

Sushma Ananda

Call: 2007

Sarah Martin

Call: 2008

Adam Turner

Call: 2008

Elizabeth Lindesay

Call: 2009

Tim Jenns

Call: 2009 (New Zealand, 1998)

Jocelin Gale

Call: 2009

Keir Howie

Call: 2010

Michael Ryan

Call: 2011

Harry Wright

Call: 2012

Stephen Du

Call: 2012

Jason Robinson

Call: 2012

Clara Benn

Call: 2012

Andrew Pearson

Call: 2013

James Goudkamp

Call: 2014

Philip Aspin

Call: 2014

Frederick Alliott

Call: 2015

Henry Moore

Call: 2016

Daniel Corteville

Call: 2016

Henry Ashwell

Call: 2017

Douglas Grant

Call: 2018

Rebecca Jacobs

Call: 2018

Charlotte Payne

Call: 2019

Julia Gibbon

Call: 2019

James Bailey

Call: 2020 (BVI, 2022)

Adam van Schaik

Call: 2020 (Solicitor, 2019)

Sophie Hepburn

Call: 2021

Joseph Rich

Call: 2018

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