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Charles Phipps

Lawyers

Charles has very extensive experience of all kinds of claims against lawyers, in cases involving a wide range of legal activities. As the co-author, with Sir Roger Toulson, of Confidentiality (Sweet & Maxwell, 2nd edition, 2006), he has a particular interest in the issues of privilege and confidentiality which frequently crop up in the course of a lawyer’s practice. Apart from claims arising in the commercial sphere, he also relishes lost litigation claims and is familiar with the technicalities of land law which underlie many conveyancing negligence claims. He is regularly instructed by major insurers of solicitors.

Cases in which he has recently been instructed include:

  • claims for delivery up of privileged and/or confidential documentation from a solicitor’s file (Mortgage Express v Sawali [2010] EWHC 3054 (Ch) and [2010] EWHC 90181 (Costs));
  • the defence by a firm of solicitors of claims for breach of undertakings given in the course of conveyancing transactions (Clark v Lucas Solicitors LLP [2010] PNLR 2);
  • the defence by a firm of solicitors of an application for a wasted costs order based on the alleged breach of obligations of disclosure [2011] PNLR 17;
  • advice to a firm of solicitors in respect of confidentiality obligations arising in the context of the sale of a football club;
  • numerous claims in respect of conveyancing negligence or fraud, many of them involving multiple property units;
  • a claim against a firm of solicitors alleging negligence in the conduct of a partnership dispute;
  • a multi-million pound claim against a firm of solicitors alleging negligence in relation to the financial assistance provisions of the Companies Acts;
  • the defence by numerous firms of solicitors of multi-party claims for millions of pounds relating to ATE insurance schemes (“the TAG litigation” and “the CLE litigation”)
  • the defence by a barrister of a claim for over £4m in relation to allegedly negligent advice in relation to the claimant’s VAT liabilities
  • the defence by a barrister of a claim by a firm of solicitors in relation to duties allegedly owed to the solicitors under the terms of a conditional fee agreement;
  • the defence by a firm of solicitors of a claim alleging negligence in the preparation of a testator’s will and related tax advice
  • the defence by a firm of solicitors of a wasted costs application based upon the pursuit of an allegedly hopeless defence to a possession claim;
  • a claim against a firm of solicitors alleging negligence resulting in the loss of a claim against negligent accountants and tax advisers;
  • the defence by a firm of solicitors of a claim based upon the allegedly negligent drafting of a commercial sale and purchase agreement;
  • the defence by a firm of solicitors of a claim based upon allegedly negligent advice in relation to the purchase of residential property and in relation to subsequent boundary-related litigation.