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:
- Defending a solicitor against whom allegations are made regarding his involvement in various loan transactions (led by David Halpern QC).
- Defending a firm of solicitors against allegations of breach of duty arising out of the drafting of a sale agreement for the purchase of an office block in North London in a claim said to be worth £11million (led by Ben Hubble QC).
- Defending a firm of solicitors in a claim said to be worth several million pounds arising out of the drafting of a Development and Option Agreement for the sale of a parcel of industrial land (led by Graeme McPherson QC).
- Acting for solicitors in a claim made by about 130 claimants against solicitors arising out of the advice they were given when entering into an agreement to purchase land as an investment in Spain (led by Graeme McPherson QC).
- Defending a firm of solicitors in a claim concerned with their drafting of various construction contracts (led by Roger Stewart QC).
- Defending Counsel in a claim arising out of advice given on the claimant’s prospects of succeeding at trial on the proper construction to be given to a Deed of Grant.
- Successfully defending to trial a firm of solicitors against whom allegations were made arising out of their handling of a landlord and tenant dispute.
- Acting for solicitors who were alleged to have been fraudulent in their exercise of a Power of Attorney and the interpretation of a will.
- Defending to trial solicitors in a quantum only trial which considered the correct measure of loss in a no-transaction case arising out of an error in the conveyancing of commercial property: Scott v Kennedys Law LLP  EWHC 3808 (Ch).
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:
- Defending to trial a firm of solicitors in a claim arising out of personal injury litigation: Amin v IKP  EWHC 2958
- Defending at trial a firm of solicitors in a claim arising out of an employment dispute in a claim which considered the applicable law in claims which included an element of personal injury: Begum v Neejam LLP (Unreported 9.12.15).
- Defending to trial a claim against a firm of solicitors arising out of the alleged negligent conduct of employment proceedings.
- Defending to trial a claim brought by a disappointed beneficiary who alleged that she had been negligently left out of a will.
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:
- Acting for a solicitor in a breach of trust claim which involves issues of causation following the decision in Redler and whether they can rely upon the defence afforded by section 61 of the Trustee Act 1925.
- Advising a solicitor on the extent of the total loss which falls within the scope of its duty where multiple loans were made by a lender for the purchase and development of a property.
- Acting for a solicitor (led by Ben Hubble QC) whose partner had acted in about 1,000 property transactions in relation to which fraud was alleged.
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:
- Acting for solicitors in a claim brought against it for the under settlement of financial proceedings arising out of the alleged failure to properly value the former husband’s company.
- Acting in a number of claims brought against solicitors arising out of the alleged failure to properly value a spouse’s pension fund and, consequently, under settling ancillary relief proceedings.
- Acting for a solicitor in a claim brought by a former client for the alleged over settlement of ancillary relief proceedings in which he was the paying party with significant pension assets.
- Acting for an individual in a claim against solicitors arising out of her divorce (as junior to Roger Stewart QC).
- Acting for solicitors who were alleged to have given inadequate advice on the enforceability of a pre-nuptial agreement.
- Acting for an individual in a claim against solicitors by reason of whose negligence he had not been granted access to his children for a number of years.
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:
- Acting for Leading Counsel (led by Roger Stewart QC) in successfully defending an application for wasted costs which had been made against him: Kagalovsky v Balmore Invest Ltd  PNLR 26
- Successfully acting for a law centre at a second stage wasted costs application where it was alleged, amongst other things, that the claim on which they were acting was fundamentally flawed and the amount claimed grossly inflated.
- Acting for a barrister who had been subjected to repeated claims by the same individual in a successful application for an extended civil restraint order and an injunction pursuant to the Protection from Harassment Act 1997: Apsion v (1) Dilnot, (2) Butler and (3) Hugh James LLP LTL 11/4/2013.