Professional Negligence

Examples of our recent work include:

• We advised two claimants. The first Claimant was a large waste recycler and the second Claimant was the property owner. The firm was instructed in their claim against the insurance broker following a large fire at their premises. The insurers repudiated liability for alleged breach of policy conditions. The claim against the broker was in negligence for failing to advise on disclosure issues, policy conditions, and for failure to arrange cover which provides an indemnity in relation to lost profit. In addition the second Claimant claimed against the broker in negligence, for failure to arrange cover for loss of rent and for incorrectly arranging cover on a joint names basis.
• The firm acted for the trustees of a pension fund over negligent advice given to them by their investment adviser which caused them to invest substantial sums in property investments which were entirely out of keeping with their risk profile. The claim also involved allegations of deliberate concealment as far as the trustees rights of action were concerned arising from advice from their investment adviser to the effect that any claims against it were not actionable until losses in the property investment had crystallised which occurred after the expiry of the primary limitation period. The claim was settled on the basis of a substantial payment being made to the trustees together with their costs.
• A claim against a firm of solicitors in negligence for failing to identify the absence of planning permission for a large extension to restaurant premises in north west London. The dispute involved primarily issues of causation and quantum with detailed arguments concerning the measure of damages and the precise quantification of the client’s extrication costs and lost profit. Following a mediation the claim was settled on the basis of a payment representing wasted renovation costs, loss of profit and costs.