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Can Yeginsu

Professional Liability

Can has a strong professional liability practice which encompasses claims for and against a range of professionals including: valuers, mortgage brokers, surveyors, accountants, actuaries, construction professionals, lawyers – both barristers and solicitors – and insurance brokers in the county courts as well as in the Queen’s Bench and Chancery Divisions of the High Court.

Can has a particular expertise in claims arising out of the mis-selling of mortgages, having appeared successfully as counsel in the Administrative Court and Court of Appeal in Emptage v the Financial Services Compensation Scheme [2013] EWCA Civ 729. Can has a very busy practice in this area advising in claims for compensation to the Financial Ombudsman Service and Financial Services Compensation Scheme and he appears in related applications for judicial review.

Examples of Can’s recent professional liability work include:

  • Acting for and advising a multinational professional services firm (with Graham Chapman QC) in proceedings before the Federal Court of Malaysia (the country’s highest court) in a landmark appeal concerned with the duty of care owed by auditors to third parties.
  • Instructed with Ben Hubble QC for a group of actuary defendants in a professional liability claim, listed for a 10 day trial in the Chancery Division, arising out of the requirement to implement equalisation between men and women in an occupational pension scheme.  
  • Advising investors following the collapse of a substantial offshore investment fund.
  • Instructed for a number of IFAs in the £75 million claim brought in the Commercial Court by the Financial Services Compensation Scheme.
  • Instructed as lead counsel for the claimant in a professional negligence claim relating to the conveyance of a £40m property.
  • Instructed as lead counsel for the claimants against a leading accountancy firm in a claim relating to failed film schemes.
  • Instructed as sole counsel for an accountancy firm in a claim arising out of tax advice.
  • Instructed as sole counsel on behalf of a firm of chartered surveyors in a professional negligence claim due to be heard in a 5 day trial in the Chancery Division.
  • Acted as junior counsel in Brown & Ors v InnovatorOne Plc and Ors [2012] EWHC 1321 in an 18 week trial of a c. £50m claim involving complex tax avoidance schemes and allegations of fraud against individuals and professional advisers, led by John Powell QC and Graham Chapman QC. Can was also instructed in the proceedings before the Court of Appeal which were subsequently compromised between the parties.
  • Instructed (with Jamie Smith QC) to represent Part 20 solicitor Defendants in a 10 day trial in the Chancery Division.
  • Instructed as sole counsel for an accountancy firm in a claim arising out of tax advice.
  • Acting for leading counsel in a lost litigation claim.

Can edits, with Jonathan Hough QC, the chapter on Litigation (encompassing group actions and expert evidence) in Jackson & Powell on Professional Liability (Sweet & Maxwell, 7th Edition, 2012). Can is a member of the Professional Negligence Bar Association (PNBA).