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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, 3rd edition, 2012), 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:

  • a successful claim for breach of fiduciary duty and negligence by solicitors retained in the sale of a construction company (Turpin v Brabners Chaffe Street LLP (25/9/2014; Ch; Bristol District Registry);
  • the defence by a firm of solicitors of a claim alleging negligent drafting of a property development agreement (Mallon v Halliwells [2012] EWCA Civ 1212)
  • 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 (CMCS Common Market Commercial Services AVV v Taylor [2011] PNLR 17);
  • the defence by a firm of solicitors of an application for a wasted costs order in proceedings in the Court of Protection (Sharma v Hunters [2012] PNLR 6)
  • litigation relating to unsuccessful litigation funding schemes (including “the TAG Litigation”, “the CLE Litigation” and “the Impact Litigation”)