Clare Dixon

Education

M.A. (Oxon)




Tel: +44 20 7822 2079
Email: c.dixon@4newsquare.com
Email Clerk: a.call@4newsquare.com

Year of Call: 2002

Profile

Clare practices in three main areas: professional liability, insurance and commercial litigation. Clare believes in taking a tough but commercial approach to litigation and relishes advocacy in all its forms.

She is recommended as a Leading Junior in the legal directories:

“An impressive junior with over a decade of experience in commercial litigation and professional negligence. She takes on work that involves a range of professionals including solicitors, surveyors and insurance brokers”. She is “A markedly insightful, meticulous and accomplished professional negligence advocate. She is approachable, driven and pragmatic - definitely someone to have on your team”. “She quickly grasps the important issues and provides advice which always considers the client’s commercial considerations”. (Chambers & Partners, 2016)

She provides crystal clear written advice, and is down to earth, pragmatic and easy to work with”. (Legal 500 2016)

“Advises on the full range of professional negligence matters for claimants and defendants. She regularly acts on cases involving lenders and allegations of fraud. “Her speed of turnaround and the quality of her work are impressive”. “She is extremely charming and nice to work with, but also packs an intellectual punch". (Chambers and Partners, 2015)

“Seen by many as a ‘star of the future’ , she acts for claimants and defendants on cases relating to a wide range of professions. She is singled out for her advocacy, judgement and all-round courtroom ability”. She “Quickly grasps the commercial angles of the dispute” “She’s very straightforward, very logical and very persuasive”. (Chambers and Partners 2014)

“Earlier editions of the legal directories have variously described Clare as being someone who “Stands out for her ability to hit deadlines, and always gets the job done”, is “a future ‘star in the making’”, “a very tenacious advocate” who is “determined” and “impressive”.

Clare has appeared in all levels of Court (including the Supreme Court) and in arbitration and disciplinary proceedings. She is frequently instructed in high value, complex litigation either with a leader or acting on her own. Clare’s professional liability work encompasses the full range of professions including lawyers, valuers, accountants and brokers. Her insurance work involves policy interpretation, coverage disputes and subrogated recovery actions. She has a particular interest in claims involving fraud.

Clare is an editor of Jackson & Powell on Professional Liability and is on the executive committee of the Professional Negligence Bar Association.

Prior to being called to the Bar, Clare read law at St Anne’s College, Oxford University, where she was President of the Oxford Union.

 


Commercial Dispute Resolution

Clare’s practice includes a variety of commercial work. She has acted in a variety of contractual disputes as well as matters involving sale of goods litigation and mortgage related disputes. She also has experience of obtaining urgent injunctive relief having advised upon and obtained freezing injunctions and disclosure orders.

Notable instructions include:

 

 


Construction & Engineering

Clare has experience of construction disputes on both a large and small scale and both within and outside the professional liability context. Clare regularly appears in the Technology and Construction Court and has experience of arbitrations and adjudications. She enjoys getting to grips with the technical information and expert evidence often involved in such disputes.

Examples of her cases include:


Disciplinary

Clare has advised on, and appeared in, disciplinary proceedings in a number of forums, but particularly in the Solicitors’ Disciplinary Tribunal.


Insurance & Reinsurance

Clare’s practice includes a substantial insurance element both as a junior and on her own account. 

Professional Indemnity Insurance

With extensive experience in both professional liability and insurance matters, Clare is frequently instructed to advise in respect of non-disclosure, aggregation, successor practice and the interpretation of professional indemnity policies. Her instructions have ranged across a broad range of professions including solicitors, mortgage intermediaries, surveyors and debt recovery agents. Clare has particular interest in, and experience of, dishonesty issues and has acted for both insurers and insureds in relation to such matters.

Clare is currently instructed (led by Mark Cannon QC) to act for the appellant in the forthcoming Supreme Court hearing in Impact Funding Solutions Limited v AIG Europe Limited [2015] EWCA Civ 31.

Cases in this area include:

 

Employers’ and Public Liability Insurance

In 2012, the Supreme Court handed down judgment in the Employers’ Liability Policy Trigger Litigation. This was the successful culmination of several years work during which Clare (led by Jeremy Stuart-Smith QC and Leigh-Ann Mulcahy QC) had represented Zurich Insurance Company at a 9 week trial in front of Burton J, a 3 week hearing before the Court of Appeal and a 2 week hearing in the Supreme Court. The case was concerned with the proper interpretation of employers’ liability policies which were written on an “injury sustained” or “disease contracted” basis and whether they would respond to mesothelioma claims at the time of inhalation or when the tumour developed. The Supreme Court found, by a majority, that such policies should respond at the date of inhalation.

Since Trigger Clare has been instructed to act on other matters concerning notifications to EL and PL insurers.

 

Other Experience

Clare’s insurance practice is not confined to professional indemnity and EL/PL cases. She is frequently instructed to act for insurers/insured in case arising out of other types of policies and is familiar with the particular issues around other specialist areas of insurance such as D&O, Motor Trade, Personal Accident and Fire policies.

Cases in this area include:

Clare is the current editor of the “Members and Managing Agents at Lloyd’s” chapter in Jackson & Powell. She regularly gives talks and seminars on insurance law.


Professional Liability

“A markedly insightful, meticulous and accomplished professional negligence advocate. She is approachable, driven and pragmatic - definitely someone to have on your team”. “She quickly grasps the important issues and provides advice which always considers the client’s commercial considerations”. (Chambers & Partners, 2016)

She provides crystal clear written advice, and is down to earth, pragmatic and easy to work with”. (Legal 500 2016)

Clare specialises in all areas of professional liability with particular emphasis on lawyers, valuers, accountants and auditors, and insurance brokers. She has been instructed in numerous professional liability cases (both led and on her own account) and has appeared for claimants and defendants both in Court and at mediations. She is an experienced advocate who gets to grips quickly with what is really at issue and takes a tough line to achieve the best outcome for her client.

Clare is on the executive committee of the Professional Negligence Bar Association.

She sets out her experience of each of the professions concerned under the relevant sub-heading.

Accountants, Auditors & Actuaries

Clare has acted both for and against accountants and auditors on numerous occasions. Notable cases include:

 

Construction Professionals

Clare also has extensive experience of acting both for and against engineers and architects. Recent cases have included:

 

Insurance Brokers & Agents

Given her considerable insurance experience Clare is well placed to act on claims for and against brokers and, consequently, is regularly instructed in relation to such claims both on a standalone basis and where insurers are also being sued. 

Notable instructions include:

 

Clare is the editor of the “Members and Managing Agents at Lloyd’s” chapter in the 7th edition of Jackson & Powell.

Financial Services Professionals

Clare has acted in claims both for and against IFAs; in particular, in claims involving advice given on mortgages, pension schemes and investment vehicles.

Notable instructions include:

Lawyers

Claims against solicitors comprise the largest share of Clare’s professional liability practice and she has a wide breadth of experience across this field in cases involving solicitors and barristers.

Clare is often instructed in claims where the underlying matter involves a property, commercial or chancery dispute. Examples of such cases include:

 

Clare has particular experience of “lost litigation” claims particularly in the personal injury and employment fields (having herself acted in such cases in her early years as a barrister). Instructions in this area include:

 

Clare is also experienced in actions where the underlying subject has been instructed on a number of cases involving claims by lenders. A number of these claims involved allegations of breach of undertaking, breach of fiduciary duty, breach of trust and/or fraud. Notable examples of such cases include:

 

Clare is frequently instructed in cases arising from matrimonial matters including cases arising from the drafting of consent orders, the alleged under/over settlement of financial proceedings and concerning children. Examples of such cases include:

 

Clare also has considerable experience of wasted costs having advised and acted for both solicitors and Counsel in relation to such applications. She also has experience of acting against litigants in person and obtaining civil restraint orders. Notable examples include:

Surveyors & Valuers

Clare has considerable experience of claims involving valuers and surveyors involving, in particular, large scale lending for the purpose of purchasing and then developing commercial sites.

Notable instructions include:


Product Liability

Clare has acted for both Claimants and Defendants in product liability cases. Her experience includes:

 


Property Damage

Clare has substantial experience in property damage claims involving such things as floods, fires, subsidence and construction works. Her experience includes:

In addition Clare has substantial expertise in nuisance claims, particularly involving multiple parties. Recent examples of cases of this nature are: