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Nicholas Davidson QC


Probably the area for which Nicholas is best known.  He led the defence of the large grouped litigation brought by the Bristol and West Building Society against numerous solicitors in the 1990s, and then the equally large litigation brought by the Nationwide; he was closely concerned with the development of understanding of both common law and equitable bases of liabilities and remedies.  The wheel of the property cycle has come round, bringing new problems as practice has developed in the light of established law - and as fraud seems to have multiplied.   Now he often acts for claimants, and ended 2010 acting for Nationwide subsidiaries UCB and The Mortgage Works in establishing that the possible existence of equitable rights over properties or of claims to be subrogated to rights of third parties provided no defence to solicitors who had parted with completion monies without doing that necessary to obtain the required first legal charges (UCB v Grace [2010] EWHC Ch); he acts, too, in disputes where there are issues as to who were the partners and which partners were innocent. 

In the meantime he acted successfully in defining lines of liability for the legal profession in the House of Lords cases of Cave (the concept for limitation purposes of “deliberate concealment”) [2002] UKHL 18 and Medcalf v Mardell (wasted costs) [2002] UKHL 27.

The variety and breadth of lawyers’ professional liability work is one of its interesting challenges.  In 2010 he appeared for D Morgan PLC against Mace & Jones in an 8-figure claim arising from problems over planning permission.  In 2011 another 8-figure claim arises from work connected with the former “financial assistance” for share purchase provisions of company law.

He is very experienced in the “indemnity consultation” work arising when insurers challenge individual insureds’ entitlement to indemnity.