Hugh Evans

Education

M.A. (Cantab.) B.C.L. (Oxon.)

Tel: 020 7822 2036
Email: h.evans@4newsquare.com
Email Clerk: a.dolby@4newsquare.com

Year of Call: 1987

Profile

Hugh's practice centres on professional liability, with particular emphasis on claims against lawyers and accountants, and commercial litigation, particularly insurance and fraud claims. His litigation philosophy is: (1) to give the clients clear and practical advice on how best to resolve their legal difficulties; (2) to succeed at trial by using experience, preparation, ingenuity, and tactics, particularly in cross examination; and (3) to be a friendly, accessible and helpful member of any legal team.

Hugh has been listed as a leading professional negligence junior by the directories for many years. He has been described as "fantastically clever" and “... highly recommended especially for solicitors’ professional negligence cases.” It is said that he has a “logical approach and likeable manner”, that he is “bright, commercial and efficient ... acts for defendants and claimants in significant solicitors’ negligence claims”, that he is “witty and academically sound,” and even that he “makes the litigation process as painless as possible.”

Hugh writes extensively on professional liability. He is the editor of the chapters on solicitors and barristers in Jackson and Powell on Professional Liability (Sweet & Maxwell 7^th edition 2011), and has been since 1992. He is the author of Lawyers' Liabilities Sweet & Maxwell 2002 (2^nd edn), and nearly thirty articles in a variety of academic journals.

Hugh’s trial work has taken him to all divisions of the High Court, particularly the Chancery Division, as well as the County Court. He also has extensive experience of ADR, and has taken part as advocate in over thirty mediations. He is very comfortable with a wide variety of complex technical evidence, from medical to engineering, including statistical analysis.

Education

M.A. (Cantab.) B.C.L. (Oxon.)

Construction Professionals

Hugh's construction work centres on claims against architects, engineers and surveyors. He is comfortable with scientific and mathematical concepts. He has fought a number of architects' negligence cases at trial, mostly relating to allegations of negligent design, and negligent supervision and administration of works. Recent engineer’s cases include an arbitration against the builders of a garden centre which has spawned claims against the foul and surface water drainage engineers, a number of claims in relation to leaking basements and roofs, and a £17m claim against structural engineers in relation to the Regent Quarter development at King’s Cross. Surveyors’ work includes claims of negligent valuations and surveys, mostly by lenders (such as the successful defence of a surveyor in Paratus v Countrywide [2012] PNLR 12), and maladministration of building contracts.

Lawyers

Hugh has an extensive practice in lawyers' liability work. He acts for defendants, instructed directly or via panel firms, and also on behalf of claimants. He particularly relishes cases with complex and difficult facts and law, but he also enjoys courtroom rough and tumble, and in particular cross-examination. He applies tactical thinking, including in mediations, of which he has extensive experience.

Most cases are won or lost on issues of causation and damages. Hugh applies ingenuity to problems of causation. On quantification of damages, he enjoys working with accountants and other experts, and he is very comfortable with scientific and mathematical concepts.

Hugh brings to his practice his extensive knowledge and reflection on the law. He edits the chapters on solicitors and barristers in Jackson and Powell on Professional Liability, and has done since 1992, he is the author of Lawyers' Liabilities (2nd edn 2002) and some thirty articles, mostly on lawyers' liabilities. In the wasted costs case of Medcalf v. Mardell Lord Bingham, giving the leading speech, said: "This House is grateful for the perceptive commentary on the weaknesses of this jurisdiction made by Hugh Evans, "The Wasted Costs Jurisdiction" (2001) 64 MLR 51", and Lord Hobhouse described the article as "valuable".

Hugh's experience and practice covers almost the entire range of lawyers' liability work, including, for instance, defective wills, errors in agricultural law, wasted costs, and even bungled matrimonial and criminal cases. However, the major part of his lawyers’ liability work is in four areas:

Defective business agreements, particularly with a chancery flavour. This includes: failures to comply with company law requirements in various respects such as in the purchase of the company’s own shares; tax-inefficient structuring of agreements in a wide variety of ways; defective shareholder agreements; failures to analyse the collective effect and working of a suite of agreements; failures of advice to clients as to the effect of contractual provisions; failures to ensure that contracts were binding by reason of lack of authority or negligent drafting; and duties owed to third parties.
Claims of fraud against solicitors or claimants in a wide variety of contexts, including lender’s claims against allegedly fraudulent solicitors, and the insurance repercussions of fraud.
Conveyancing negligence in claims brought by lending institutions, commercial clients, and individuals. These include: the full range of lenders’ disputes; claims in relation to shared equity schemes, claims concerning allegedly negligent advice given to spouses; failures to check title and planning permission; failures to advise properly on break clauses; and a number of claims involving conveyancing fraud.
Lost or bungled litigation of all types, but including medical negligence and personal injury cases. Here, Hugh is able to bring to bear his knowledge and experience of the underlying areas of litigation, in which he continues to practice. Present and recent claims include many alleged undersettlements of claims for Vibration White Finger against British Coal, and a number of complex failed clinical negligence cases.

Cases in the last few years include the following:

Represented the successful defendant in October 2011 on a preliminary issue on limitation in Boycott v RWPS Solicitors, a claim by a former cricketer complaining that property was held with his former partner on a joint tenancy, due to be heard by the Court of Appeal in April 2012.
Represented the defendant in a claim by a lender as to whether she was held out as a partner and whether the lender relied on such representations, in UCB Home Loans v Soni, tried in December 2011, judgment awaited.
Represented the successful claimant in Youlton v Charles Russell [2010] EWHC 1032 (Ch), where solicitors failed to take steps to ensure that agreements between a company and its pension scheme trustees were not open to challenge on grounds of want of authority and conflict of interest.
Represented the successful insurer in Goldsmith Williams v Travelers Insurance Co Ltd [2010] EWHC 26 (QB), a claim under the Third Parties (Rights against Insurers) Act 1930 which failed because the insured company's directors engaged in or condoned mortgage frauds.
Represented the solicitors in Mishcon de Reya (a firm) v Barrett [2007] 1 BCLC 153, a partly successful strike-out application concerning the appointment of provisional liquidators.
Represented the successful solicitors in Miller v Garton Shires (a firm) [2007] PNLR 273, a claim concerning bungled personal injury litigation.
Represented the successful claimant in St Pauls Travellers Insurance Company Limited v. Okporuah [2006] EWHC 2207 (Ch), a mortgage fraud claim.
Represented the successful solicitors at first instance in Fulham Leisure Holdings v. Nicholson Graham & Jones [2006] EWHC 158 (Ch), [2006] 2 All ER 599, [2006] P.N.L.R. 23 (on waiver of privilege); and [2006] EWHC 2017 (Ch), [2006] 4 All ER 1397 (Note) , (2007) PNLR 5, which concerned the drafting of a shareholders’ agreement.
Represented the unsuccessful solicitors in Ball v. Druces & Attlee (A Firm) [2002] P.N.L.R. 23 and [2004] P.N.L.R. 39 (failure to protect founder’s rights in the Eden Project).
Represented the barrister in Hansom & ors v E Rex Makin [2003] EWCA Civ 1801, an appeal on relief from sanctions.
Represented the defendant, losing at first instance but succeeding in the Court of Appeal against Leading Counsel and thus disposing of the claim on a preliminary issue in Haq v. Singh [2001] 1 WLR 1594, which concerned the meaning of change of capacity in CPR rule 17.4(4).
Represented the unsuccessful barrister in the wasted costs case of B v. B (Wasted costs: abuse of process) [2001] 3 F.C.R. 724.
Represented the successful claimant at first instance on a limitation preliminary issue, to be overturned by a majority of the Court of Appeal, in Havenledge Ltd. v. John & Partners [2001] Lloyd's Law Rep PN 614 and [2001] Lloyd's Law Rep PN 223.
Represented the successful claimant in Bacon v. Howard Kennedy [1999] PNLR 1, a disappointed beneficiary case.

Surveyors & Valuers

Hugh acts for claimants and defendants in actions brought against surveyors and valuers. He has extensive experience of lenders claims, and is familiar with the principles of commercial property valuations, including hotels and public houses, and allegations of contributory negligence. Recent cases include the successful defence of a claim brought against a valuer with an obiter finding of 60% contributory negligence in Paratus v Countrywide [2012] PNLR 12, and a claim which was successful after a two month trial for fraud and breach of fiduciary duty by J D Wetherspoons against their former property finders, see [2009] EWHC 639 (Ch), and reported at an interlocutory stage at [2007] PNLR 555.

International Arbitration

Hugh has experience of arbitrations is predominantly coverage disputes in relation to professional indemnity policies. Recent disputes which did not settle and concluded in awards have concerned whether a relationship between lawyers amounted to a partnership, the application of the successor practice rules, and fraudulent nondisclosure by an accountant.

Commercial Dispute Resolution

Hugh acts for claimants and defendants in a variety of commercial disputes concerning insurance, fraud, or those with a professional liability dimension. He represented J D Wetherspoons in a two month trial in a successful claim against their former property finders for fraud and breach of fiduciary duty by [2009] EWHC 639; reported at an interlocutory stage at [2007] PNLR 555.

Construction & Engineering

Hugh's construction work centres on claims against architects, engineers and surveyors. He is comfortable with technical, scientific and mathematical concepts. He has fought a number of architects' negligence cases at trial, mostly relating to allegations of negligent design, and negligent supervision and administration of works. Recent engineer’s cases include an arbitration against the builders of a garden centre which has spawned continuing claims against the foul and surface water drainage engineers, a number of claims in relation to leaking basements and roofs, and a £17m claim against structural engineers in relation to the Regent Quarter development at King’s Cross which settled in 2009. Surveyors’ work includes claims of negligent valuations and surveys, mostly by lenders, and maladministration of building contracts.

Insurance & Reinsurance

Hugh's practice includes extensive experience of insurance law, particularly coverage disputes in relation to professionals, and insurance issues in insurance brokers' cases.

Hugh has extensive experience in professional indemnity policies, most of which have been the subject of arbitration. Recent disputes which did not settle and concluded in awards have concerned whether a relationship between lawyers amounted to a partnership, the application of the successor practice rules, and (in the summer of 2010) the successful defence of a claim by an accountant on the basis of fraudulent nondisclosure. Hugh also represented the successful insurer in Goldsmith Williams v Travelers Insurance Co Ltd [2010] EWHC 26 (QB), a claim under the Third Parties (Rights against Insurers) Act 1930 which failed because the insured company's directors engaged in or condoned mortgage frauds.

These claims are typical of Hugh’s practice and experience. Hugh is very familiar with solicitors’ policies and the Minimum Terms and Conditions, and his experience includes dealing with aggregation issues and dishonesty.

Outside professional liability policies, Hugh has dealt with a variety of insurance disputes. Current and recent cases include: disputes about ATE policies; fire and flood damage claims concerning domestic and particularly commercial property, fraud claims especially in relation to fire damage; late notification misrepresentation and nondisclosure issues in a wide variety of policies (including the successful defence at trial of a fire claim on the basis of fraudulent nondisclosure); and subsidence claims.

Product Liability

Hugh has experience of multi-party litigation relating to product liability, and has acted for the claimants in a number of cases, including the HIV Haemophiliac Litigation case (see Re HIV Haemophilia Litigation [1996] PNLR 290) and the Hepatitis C Litigation (see A v. National Blood Authority [2002] Lloyd's Rep. P.N. 487, where Hugh successfully used the provisions of the CPR to circumvent provisional damages requirements). He has a particular interest in complex epidemiological issues, and in the tactics and organisation of group litigation. He also has extensive experience of clinical negligence claims and personal injury litigation. He is author of the section on group litigation in Jackson and Powell on Professional Liability.

Professional Liability

Hugh has been listed as a leading professional negligence junior by the directories for many years. He has been described as "fantastically clever" and “... highly recommended especially for solicitors’ professional negligence cases.” He has a “logical approach and likeable manner”, “Bright, commercial and efficient ... acts for defendants and claimants in significant solicitors’ negligence claims”, “witty and academically sound,” he “makes the litigation process as painless as possible.”

Hugh writes extensively on professional liability. He is the editor of the chapters on solicitors and barristers in Jackson and Powell on Professional Liability (Sweet & Maxwell 6^th edition 2007), and has been since 1992. He is the author of Lawyers' Liabilities Sweet & Maxwell 2002 (2^nd edn), and nearly thirty articles in a variety of academic journals.

Accountants, Auditors & Actuaries

Hugh is regularly instructed in claims against accountants and auditors. Claims include topics as diverse as taxation matters (particularly failed tax avoidance schemes), audit responsibilities and the detection of fraud, and the duties of accountants retained by trusts. While mostly acting for the defendant professionals, Hugh also acts for claimants. Although his two ‘A’ levels in mathematics are a distant memory, Hugh remains very comfortable with figures.

Recent and current cases include:

claims against accountants for failure to detect fraud
a claim against an accountant for failing to advise on remunerating directors by repayment of loan accounts leading to large tax losses.
the successful defence at trial of a claim against an accountant for negligent advice on tax relief in relation to the Enterprise Investment Scheme.
several claims against accountants for failures to advise on CGT and other tax liabilities, BES relief and potential tax mitigation, incorrect advice about the tax consequences of non-residents purchasing property in the UK, and claims in relation to failed tax avoidance schemes.
claims relating to accountancy work on company sales and takeovers.
the successful defence of a claim at arbitration by an accountant against his insurers on the basis of fraudulent nondisclosure.
a claim against an actuary for failure to advise trustees properly in relation to levies by the Pension Protection Fund.

Clinical Practitioners

Hugh works principally for claimants in a wide range of clinical negligence cases which include: failures to diagnose or treat cancers, tumours, heart disease and fistulas; negligent eye, bowel, laparoscopic and cosmetic surgery; neo-natal injuries; negligent treatment of psychiatric illness; and viral infections from blood transfusions and other treatment. Current claims include a failure by a GP to note the signs of heart failure, a failure by a hospital to prevent suicide, and a number of ophthalmic cases. He enjoys getting to grips with complex medical issues and epidemiological evidence, and has a specialist expertise in multiparty litigation. Hugh also undertakes personal injury litigation, principally for claimants. This includes accidents at work and road traffic accidents, and he has a particular interest in fibromyalgia and chronic pain.

Construction Professionals

Hugh's construction work centres on claims against architects, engineers and surveyors. He is comfortable with scientific and mathematical concepts. He has fought a number of architects' negligence cases at trial, mostly relating to allegations of negligent design, and negligent supervision and administration of works. Recent engineer’s cases include an arbitration against the builders of a garden centre which has spawned claims against the foul and surface water drainage engineers, a number of claims in relation to leaking basements and roofs, and an ongoing £17m claim against structural engineers in relation to the Regent Quarter development at King’s Cross which settled in 2009. Surveyors’ work includes claims of negligent valuations and surveys, mostly by lenders, and maladministration of building contracts.

Financial Services Professionals

Hugh undertakes claims against Financial Services Professionals, acting for claimants and defendants. Recent instructions include the defence of a claim for allegedly negligent pension advice brought by a wealthy financier. Hugh has acted for defendant insurance brokers in a wide variety of disputes.

Insurance Brokers & Agents

Hugh is regularly instructed in claims against insurance brokers. Claims include failures to bring material clauses to the attention of the insured, failures to inform insurers of material facts, and claims revolving around dishonesty. While mostly acting for the defendant professionals, Hugh also acts for claimants.

Recent and current cases include:

A claim in the Commercial Court against a broker for failing to obtain effective insurance or notify insurers timeously in relation to deprivation of goods by a foreign government.
A claim for failure to pay over premiums from clients leading to the cancellation of many insurance policies.
Claims against insurance brokers for failing to obtain any or any effective insurance, or to pass on information from the insured to the insurer, leading to avoidance of cover after fire or other loss.

Lawyers

Hugh has an extensive practice in lawyers' liability work. He acts for defendants, instructed directly or via panel firms, and also on behalf of claimants. He particularly relishes cases with complex and difficult facts and law, but he also enjoys courtroom rough and tumble and in particular cross-examination. He brings to bear tactical thinking, including in mediations, of which he has extensive experience.

Defective business agreements, particularly with a chancery flavour. This includes: failures to comply with company law requirements in various respects such as in the purchase of the company’s own shares; tax-inefficient structuring of agreements in a wide variety of ways; defective shareholder agreements; failures to analyse the collective effect and working of a suite of agreements; failures of advice to clients as to the effect of contractual provisions; failures to ensure that contracts were binding by reason of lack of authority or negligent drafting; and duties owed to third parties.
Claims of fraud against solicitors or claimants in a wide variety of contexts, including lending claims against allegedly fraudulent solicitors, and the insurance repercussions of fraud.
Conveyancing negligence in claims brought by lending institutions, commercial clients, and individuals. These include: the full range of lenders’ disputes; claims in relation to shared equity schemes, claims concerning allegedly negligent advice given to spouses; failures to check title and planning permission; failures to advise properly on break clauses; and a number of claims involving conveyancing fraud.
Lost or bungled litigation of all types, but particularly about medical negligence and personal injury cases. Here, Hugh is able to bring to bear his knowledge and experience of the underlying areas of litigation, in which he continues to practice. Present and recent claims include many alleged undersettlements of claims for Vibration White Finger against British Coal, and a number of complex failed clinical negligence cases.

Cases in the last decade include the following:

Represented the successful claimant in Youlton v Charles Russell [2010] EWHC 1032 (Ch), where solicitors failed to take steps to ensure that agreements between a company and its pension scheme trustees were not open to challenge on grounds of want of authority and conflict of interest.
Represented the successful insurer in Goldsmith Williams v Travelers Insurance Co Ltd [2010] EWHC 26 (QB), a claim under the Third Parties (Rights against Insurers) Act 1930 which failed because the insured company's directors engaged in or condoned mortgage frauds.
Represented the solicitors in Mishcon de Reya (a firm) v Barrett [2007] 1 BCLC 153, a partly successful strike-out application concerning the appointment of provisional liquidators.
Represented the successful solicitors in Miller v Garton Shires (a firm) [2007] PNLR 273, a claim concerning bungled personal injury litigation.
Represented the successful claimant in St Pauls Travellers Insurance Company Limited v. Okporuah [2006] EWHC 2207 (Ch), a mortgage fraud claim.
Represented the successful solicitors at first instance in Fulham Leisure Holdings v. Nicholson Graham & Jones [2006] EWHC 158 (Ch), [2006] 2 All ER 599, [2006] P.N.L.R. 23 (on waiver of privilege); and [2006] EWHC 2017 (Ch), [2006] 4 All ER 1397 (Note) , (2007) PNLR 5, which concerned the drafting of a shareholders’ agreement.
Represented the unsuccessful solicitors in Ball v. Druces & Attlee (A Firm) [2002] P.N.L.R. 23 and [2004] P.N.L.R. 39 (failure to protect founder’s rights in the Eden Project).
Represented the barrister in Hansom & ors v E Rex Makin [2003] EWCA Civ 1801, an appeal on relief from sanctions.
Represented the defendant, losing at first instance but succeeding in the Court of Appeal against Leading Counsel and thus disposing of the claim on a preliminary issue in Haq v. Singh [2001] 1 WLR 1594, which concerned the meaning of change of capacity in CPR rule 17.4(4).
Represented the unsuccessful barrister in the wasted costs case of B v. B (Wasted costs: abuse of process) [2001] 3 F.C.R. 724.
Represented the successful claimant at first instance on a limitation preliminary issue, to be overturned by a majority of the Court of Appeal, in Havenledge Ltd. v. John & Partners [2001] Lloyd's Law Rep PN 614 and [2001] Lloyd's Law Rep PN 223.
Represented the successful claimant in Bacon v. Howard Kennedy [1999] PNLR 1, a disappointed beneficiary case.

Surveyors & Valuers

Hugh acts for claimants and defendants in actions brought against surveyors and valuers. He has extensive experience of lenders claims, and is familiar with the principles of commercial property valuations, including hotels and public houses, and allegations of contributory negligence. Claims include overvaluations and failures to spot defects. Recent cases include a claim for failure to advise on the extent of asbestos before purchase of a hotel, and a claim which was successful after a two month trial for fraud and breach of fiduciary duty by J D Wetherspoons against their former property finders, see [2009] EWHC 639 (Ch), and reported at an interlocutory stage at [2007] PNLR 555.