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
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
James Brocklebank QC
N G Casey
In 2016, Mr Mamadou Sakho, an elite professional footballer, gave an anti-doping sample following a UEFA Europa League match between Liverpool Football Club and Manchester United Football Club. The sample contained the substance Higenamine, which is an ingredient of a dietary supplement that Mr Sakho had taken. Mr Sakho was then charged with a violation […]
Henderson v Dorset Healthcare University NHS Foundation Trust  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 […]
Carillion plc (in liquidation) v KPMG LLP and KPMG Audit plc  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 […]
Group Seven Ltd v Notable Services LLP  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  EWCA Civ 614, Sonia Tolaney QC and Michael Ryan, instructed by Alan Sheeley […]
Cunningham v Ellis & Others  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 […]
Instant Access Properties Ltd v Rosser &ors  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  EWHC […]
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 […]
 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 […]
 EWHC 727 (QB);  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.
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 […]
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 […]
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 […]
 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.
 EWHC 1718 (TCC) Appearing as sole junior to Anneliese Day QC in a two-week trial in the TCC concerning allegations against surveyors and engineers. Successfully defended the claim. To view the judgment please click here.
 EWHC 1859;  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.
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 […]
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 […]
Dominic Kendrick QC led Josephine Higgs against Sioban Healy QC who led Jessica Sutherland in this Insurance dispute arising out of the judgment in Standard Life Assurance Ltd v Oak Dedicated Ltd and Others  EWHC 222 (Comm),  Lloyd’s L.R. 552. Decided issues of policy construction, and the effect of subjectivities on a slip.
Following a fire at its Dunstable premises, Synergy, a company which provided laundry and related services to the NHS, made a claim for both material damage and business interruption losses under its Combined Commercial Policy for the year 30 April 2005 to 29 April 2006, which had been underwritten on behalf of the insurers (the […]
Richard Southern QC and Sarah Martin acted for the broker, Towergate. The claim was successfully defended on all levels and is an important authority on the limitations on the extent of a broker’s duties, as well as the circumstances in which a finding of contributory negligence might be made in an action against an insurance […]
 1 Lloyd’s Rep. 1 Robert Bright Q.C. and Anna Gotts acted for the defendant shippers in a case arising out of the explosion of a dangerous and negligently stowed cargo. Carriage by sea — Dangerous cargo — Explosion of cargo of calcium hypochlorite in container — Cargo stowed near bunker tank — Crew heating […]
 2 Lloyd’s Rep 567 Christopher Butcher QC – Tortious liability — Explosion at oil refinery — Vicarious liability — Liability for actions of employee — Contractual indemnities
 1 Lloyd’s Rep. IR 149,  Lloyd’s Rep. IR 464;  Lloyd’s Rep. IR 676 Alistair Schaff Q.C. led Michael Holmes; Adam Fenton Q.C. and Julia Dias Q.C.; and Sioban Healy. A professional negligence action against insurance brokers in a case raising issues as to the extent of brokers’ duties, contributory negligence and causation […]
On 31 October 2008, the Court of Appeal handed down Judgment in HLB Kidsons v Lloyds Underwriters  EWCA Civ 1206, an important decision concerning the construction and application of notification provisions in a claims made policy. Gavin Kealey QC acted for underwriters. The action arose out of professional negligence claims made against HLB Kidsons […]
 Lloyd’s Rep. IR 464;  Lloyd’s Rep IR 676 Adam Fenton Q.C., Julia Dias Q.C. and Sioban Healy – Claim by claimant insured against client brokers alleging negligent failure to procure appropriate cover. Application by client to join London market insurers on basis that policy did provide appropriate cover on its true construction, alternatively […]
 2 Lloyd’s Rep. 1 Jonathan Gaisman Q.C. and Sioban Healy – The Buncefield Oil Storage Depot was used by a number of oil companies. Starting at 06.01, a number of explosions occurred at the Buncefield Depot. Jonathan Gaisman and Sioban Healy acted for the lead claimants in the litigation in which negligence in the […]
 2 WLR 1065,  Ch 330 Rebecca Sabben-Clare acted in this matter involing Bookmakers’ duties of care in relation to “self-exclusion”. Negligence – Causation – Problem gambler – Bookmakers offering self-exclusion agreements to help problem gamblers control habit – Claimant compulsive gambler making self-exclusion agreement with defendant to close his account and prevent him […]
 BLR 1;  3 WLR 324;  QB 725;  BLR 155; The Times, November 21, 2008 David Allen Q.C. successfully overturned a decision by Ramsey J. holding his clients vicariously liable in tort for burning a waste plant down. The judgment deals with two of the most important aspects of tort law for […]
 EWHC 2036 (Ch) Sarah Cowey was instructed as junior counsel for the Defendant law firm in respect of a professional negligence claim.
(2007) EWHC 1628 (Comm) Christopher Butcher QC and Jessica Sutherland acted for the Claimants in a claim against their former solicitors.
 2 Lloyd’s Rep. 629 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 […]
 EWHC 2347 (Comm) Dominic Kendrick Q.C. and Timothy Kenefick acted for the claimants who succeeded in a £350 million claim concerning the sale of a company, ERF, in a fraud trial which also featured consequential claims in professional negligence against auditors. This major Commercial Court trial spanned 6 months and concluded in June 2005. […]
 2 Lloyd’s Rep. 855,  2 Lloyd’s Rep. 673,  1 Lloyd’s Rep. 311,  1 WLR 2453 Rebecca Sabben-Clare – Professional negligence – Breach of duty – Settlement – Dispute as to conduct of proceedings – Settlement agreed at two-thirds of claim – Whether claimants suffered no loss because two-third settlement was what […]
 1 All ER (Comm) 1 Tim Kenefick – Negligence – Duty to take care – Existence of duty – Bank – Claimant underwriters authorising agent to underwrite insurance on their behalf – Authority requiring operation of separate client account – Bank issuing letter describing account as ‘client account’ – Bank and agent entering into […]
 EWHC 1608 (Comm) Alistair Schaff Q.C. and Simon Picken acted for the successful claimant in its claim for substantial damages for negligence against a supplier of rail parts arising out of a derailment, vindicating a very substantial claim of approximately £3m in the face of an unsuccessful plea of contributory negligence.
 Lloyd’s Rep IR 566; see also  2 BCLC 410,  2 BCLC 364, and  Lloyd’s Rep PN 379 Jonathan Gaisman Q.C., Christopher Butcher Q.C., David Bailey and James Brocklebank were part of the team defending Deloitte & Touche in respect of their role as auditors of Baring Futures Singapore. The claim against […]
 Lloyd’s Rep. IR 404 Alistair Schaff Q.C. acted in this film finance case in which he represented the successful Claimant whose declining of liability on grounds of breach of warranty was upheld. Reinsurance – Film finance – Fronting – Reinsurance agreement containing warranty – No equivalent warranty in direct insurance – Reinsurance stated to […]
 1 Lloyd’s Rep. 719 Charles Priday and Simon Kerr acted in this Leading case on liability for fire on board ships and on issues of unseaworthiness. Carriage by sea – Unseaworthiness – Due diligence – Fire broke out on pure car carrier – Vessel’s cargo destroyed and vessel rendered a constructive total loss – […]
 Lloyd’s Rep IR 589;  1 Lloyd’s Rep. 583;  1 All ER (Comm) 767;  Lloyd’s Rep IR 327;  2 Lloyd’s Rep. 700 Alistair Schaff Q.C. and Simon Kerr acted for the successful insured who claimed under a third party liability policy in respect of liabilities for negligence and nuisance. Insurance (Third […]
 Lloyd’s Rep IR 12;  Lloyd’s Rep PN 1;  1 All ER (Comm) 129 Jonathan Gaisman Q.C. and Richard Southern – House of Lords – professional negligence, insurance broking, quantification of damages Reinsurance – Insurance brokers – Non-disclosure and misrepresentations – Brokers placed plaintiffs’ excess of loss reinsurance contracts with underwriters – Arbitrators […]
 Lloyd’s Rep IR 230 Tim acted for the Claimants in a claim against their insurance brokers relating to the under-insurance of the Claimants’ factory, which was damaged in a fire. Insurance (property) – Insurance broker – Property undervalued at start of development work – Average Clause in policy – Fire caused partial loss – […]
 1 AC 469;  1 All ER (Comm) 193;  2 WLR 170 Stephen Hofmeyr QC – Marine insurance – Contract of marine insurance – Disclosure – Duty to disclose – Duty of utmost good faith – Scope of pre-contract duty to disclose – Whether shipowners under a continuing duty of utmost good faith […]
 2 Lloyd’s Rep 406 Dominic Kendrick Q.C. and Adam Fenton acted in a Claim by Bank arising out of the financing of sale by presentation of fraudulent documents. Banking – Deceit – Negligence – Defendants refused to accept bills of exchange – Bank paid against clean receipts in respect of containers defendants had not […]
 1 Lloyds Rep.16 Timothy Brenton acted in this dispute collision arising out of an engine breakdown whilst caught in the middle of Hurricane Andrew, Gulf of Mexico. Collision – Passing vessels – Negligent navigation – Collision in Gulf of Mexico – Hurricane conditions – Engine breakdown – Whether negligence in maintenance of luboil system […]
 2 W.L.R. 401 David Bailey and David Allen acted in this matter involving documents held by one solicitor to another’s order – whether there was a breach of undertaking when photocopies were retained by the second solicitor – whether compensation payable under the Solicitors Act 1974 Solicitor – Costs – Lien – Plaintiffs having […]
 Q.B. 54 Jonathan Gaisman Q.C. and David Edwards – Conflict of Laws – Jurisdiction under European Convention – Place of performance of contractual obligation – German companies inspecting goods in China for English plaintiffs – Inspection report delivered in England – Plaintiffs suing in England for breach of contract and negligence in preparing reports […]
 2 LLR 259 Alistair Schaff acted for the operators of the ‘Piper Alpha’ platform in respect of negligence actions involving the ‘Piper Alpha’ explosions. Negligence – Professional negligence – Application to strike out – Piper Alpha rig disaster – Plaintiff alleged he suffered serious psychiatric harm which caused him loss and damage – Claim […]
 1 Lloyd’s Rep. 403 Dominic Kendrick – Negligence – Occupiers’ liability – Exclusion clause – Aircraft damaged while taking off at Luton Airport – Whether operators of Luton Airport liable – Whether exclusion clause in operators’ standard conditions offered defence – Whether proviso in exclusion clause to be construed by using same test as […]
(1997) 6 Re LR 74 David Allen – Negligence – Duty of care – Asbestos – Factory owners duty – When arising
 2 Lloyds Rep.533 Timothy Brenton – Negligence – Nuisance – Rylands v. Fletcher principle – Fireworks display on Thames – Fire damage to mooring barge and passenger vessel – Source and causation of fire – Whether first defendants liable in nuisance and under principle in Rylands v. Fletcher – Whether damage to vessels caused […]
 1 Lloyd’s Rep. 700 David Allen acted this matter involving a mistake by solicitor when accepting an offer on behalf of a client to settle a case – whether there was a binding contract when the offer was accepted Contract – Settlement – Rescission – Negotiations for settlement of claim in dollars – Defendants […]
 AC 211 David Edwards acted for the Japanese classification society, NKK, successfully arguing that the society owed no duty of care to cargo owners in respect of a damage survey performed on the vessel which subsequently sank. Negligence – Duty of care to whom? – Classification society – Vessel developing cracks in hull – […]
 1 LLR 16 Alistair Schaff acted for the operators of the ‘Piper Alpha’ platform in respect of negligence actions involving the ‘Piper Alpha’ explosions. Negligence – Personal injury – Duty of care – Defendants operators of Piper Alpha Rig – Fire broke out on rig – Plaintiff suffered psychiatric injury – Whether defendants owed […]
 2 Lloyd’s Rep. 638 Dominic Kendrick – Insurance Intermediary – Professional negligence – Intermediary arranged road haulier goods in transit cover – Clause in policy that no claim admitted if vehicle not individually attended – Theft of lorry and goods from plaintiffs warehouse at night – Insurers denied liability – Whether intermediary negligent in […]
 1 WLR 267;  1 All ER 400 Timothy Saloman – Limitation of Action – Negligence – Accrual of cause of action – Covenants in restraint of trade – Agreements containing covenant settled by solicitors in 1971 and 1975 – Covenants intended to restrain competition by former employee – Covenant discovered to be ineffective […]
 1Lloyd’s Rep 456 Dominic Kendrick acted in this indemnity against consequences of signing bills of lading. Charter-party (Voyage) – Bills of lading – Indemnity – Charterers presented inaccurate bills of lading for signature – Damage to cargo – Receivers’ claim settled – Whether charterers in breach in presenting inaccurate bills – Whether master’s negligent […]