Working for claimants and defendants, Chambers' reputation in Personal Injury attracts solicitors' negligence cases with allegations that Personal Injury or Clinical Negligence litigation has been mishandled. Our barristers' experience in commercial and construction disputes and property law is applied equally valuably in other areas of professional negligence work, including surveyors, architects and non-contentious areas of solicitors' practices such as conveyancing. Our Team has expertise in dealing with issues such as the inter-relation between duties in contract and tort, limitation and the valuation of lost chances.
Professional Negligence litigation raises specialised and complex issues in relation to both liability and quantum. Members of the Professional Negligence Team are expert in dealing with issues such as the inter-relation between duties in contract and tort, limitation and the valuation of lost chances.
The Professional Negligence Team offers real strength in depth with one member description such as "a brilliant junior” in the Chambers & Partners UK Guide, 2006. Five team members sit as recorders and one as a deputy High Court Judge. Two of the team are CEDR-accredited mediators and all team members are fully aware of the role of ADR in fostering practical and cost-effective solutions to Professional Negligence disputes.
The Team undertakes work for both Claimants and Defendants.
Chambers' reputation in the field of Personal Injury means that Team members are often called upon in solicitors' negligence cases where there are allegations that Personal Injury or Clinical Negligence litigation has been mishandled. However, the experience of Team members in the fields of Commercial and Construction Disputes and Property Law is applied equally valuably in other areas of Professional Negligence work, such as that involving surveyors, architects and non-contentious areas of solicitors' practices such as conveyancing.
Although this area of work frequently involves detailed consideration of substantial quantities of files and other papers, we are conscious of the need to expedite these cases and are used to working to tight deadlines.
Particular areas covered include:
• Accountants
• Solicitors
• Insurance brokers
• Surveyors and valuers
• Architects
• Police officers and law enforcement bodies
For disputes involving medical practitioners, please refer to the Clinical Negligence entry.
Interesting cases handled by members of the Professional Negligence Team have included:
Hatswell v Goldbergs (2001) CA, LTL 11.12.01: claim against solicitor for failure to pursue claim against GP for non-diagnosis of Q-fever endocarditis
S v L Clinic (2000) QBD: alleged unlawful use of sperm for IVF
MDU v Hempsons (2000) QBD: alleged unauthorised settlement of brain damage case following alleged failure to treat asthma
Sansom v Metcalfe Hambleton [1998] PNLR 542: surveyor alleged to have been negligent in carrying out survey - standard of evidence required to prove negligence
O'Shea v Weedon (1998) QBD: claim against a solicitor for not pursuing a claim against a hospital for a failed sterilisation
Storey v Charles Church Developments Plc (1996) 12 Const LJ 206; 73 Con LR 1: (TCC) concurrent duty of care of construction professional, whether it was limited to a duty to avoid causing personal injury or damage to other property or extended to avoiding economic loss
Watson v Lane Fox (1991) 49 EG 71 QBD: estate agent alleged to have sold at an under value
Murray v Lloyd [1990] 2 All ER 92 Ch.D: solicitor's negligence, valuation of loss of statutory tenancy of house in Knightsbridge.
Click here to view our barristers working in the area of Professional Negligence and to see details of notable Professional Negligence cases undertaken by each barrister.
