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Professional Negligence


“One of the foremost sets for professional negligence disputes with undoubted expertise in this area”
(The Legal 500, 2015)

 

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 and Partners 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 & YoungMAN v Freightliner and Barings v Coopers & Lybrand.

 

Insurance and Reinsurance related Cases

Chambers’ pre-eminent expertise and reputation in the field of insurance and reinsurance means that members often advise and act in relation to disputes involving related professional negligence issues, including insurance and reinsurance of professional indemnity claims and claims against insurance brokers.  Seminal cases have included Gooda Walker, Henderson v MerrettAneco Reinsurance Underwriting v Johnson & Higgins.

 

Recent Leading Cases

  • Cattles v. PwC (settled October 2015, in 1st week of trial): Audit negligence claim concerning the collapse of one of the largest UK Consumer Finance groups. Jonathan Gaisman QC, Adam Fenton QC, Rebecca Sabben-Clare QC, Josephine Higgs, Adam Turner and Natalie Connor) acted for the Companies.
  • Sebry v. Companies House [2015] EWHC 115: Clive Freedman QC established 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: Christopher Butcher QC defeated a claim against Grant Thornton, which had acted as Nominated Adviser to the claimant in relation to its trading on AIM. 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 (settled October 2014, in 3rd week of trial): 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: Clive Freedman QC defeated this claim against the Ritz Hotel. The case concerned the duty of care owed by a casino to players.
  • Equitas v. Walsham Brothers [2013] EWHC 3264: Christopher Butcher QC and Ben Parker acted for Equitas against insurance brokers. The case raised issues about duties of care and continuing duties.
  • Starlight Shipping v. Allianz Marine [2012] 1 Lloyd’s Rep. 162: Claims against the former legal advisers to marine insurers. James Drake QC and Emma Hilliard acted for the Claimants. David Bailey QC and Jocelin Gale acted for the intended defendant.    
  • “Buncefield” Colour Quest Ltd v Total Downstream UK Plc
  • Dunlop Haywards (DHL) Ltd and Anor v Erinaceous Insurance Services Ltd and Ors
  • Dunlop Haywards (DHL) Ltd and Anor v Barbon Insurance Group and Ors
  • 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

 

“routinely advises the four largest professional services networks”
(Chambers and Partners 2016)

 “All barristers there are fantastic – they have a very high calibre of people”
(Chambers and Partners, 2016)

 

Latest Professional Negligence News

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 […]

February 16, 2017

7KBW is ranked a leading set in Chambers and Partners 2017

Chambers and Partners 2017, has listed 7KBW as a leading set.  Our client service has been especially noted with recommendations from clients saying “the clerks at 7KBW make such a difference: they provide a committed and excellent service and are a credit to the chambers”, and instructing solicitors flock to 7KBW because of its winning “combination […]

November 8, 2016

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.

April 5, 2016