Paul Parker

Education

M.A. (Cantab.)




Tel: +44 20 7822 2036
Email: p.parker@4newsquare.com
Email Clerk: a.dolby@4newsquare.com

Year of Call: 1986


Languages
Serbian and French.

Profile

“Excellent at pleadings”, “very diligent, very thorough and offers detailed forensic analysis. He is very good at intricate legal arguments” (Chambers & Partners 2015) and “consistently well thought of,” Paul Parker is recognised as a leading recommended junior in the fields of professional negligence and professional discipline. Legal Week has reported Paul to be “fantastic with clients and you get excellent advocacy every time”. And “great fun to work with” as well! The Legal 500 has time and again over recent years listed him amongst its highly regarded juniors and Paul has also been selected for inclusion in the Legal Business publication Legal Experts in the field of professional indemnity litigation every year since 2001.

Paul is a specialist in professional liability claims involving accountants, financial services professionals, lawyers, insurance brokers and construction professionals. He advises on professional regulatory matters and has substantial experience of appearing before disciplinary tribunals and in the higher courts on appeal. He does a variety of general commercial and chancery commercial work, with particular emphasis on insurance law.

Paul relishes the challenge of advocacy and is known for his tenacity, working hard to attain the trial barrister’s ideal: complete mastery of a brief, control of the evidence and the ear of the court. He revels in difficult cases where there are obstinate witnesses or dogmatic experts to be cracked.

In a climate in which mediation has become the dispute resolution method of first choice, Paul has developed a considerable level of experience, guiding lay and professional clients through the mediation process, drafting mediation position papers, devising negotiation strategies and handling mediation advocacy.

Paul is a former editor of the PNBA Professional Negligence Law Review and has edited and written chapters on solicitors, appeals and IT professionals for Jackson & Powell: Professional Liability Precedents (Sweet & Maxwell, looseleaf).

He is a member of COMBAR, LCLCBA, the ChBA and the PNBA (having served on its executive committee for many years). He is an ex-chairman of governors at a school in Oxfordshire, and is the current vice-chairman of an Oxford charitable trust.

Paul’s languages include Serbian and French.

 


Chancery

Commercial Chancery

Much of Paul's work in this area overlaps with other aspects of his practice. His current and recent caseload includes:


Commercial Dispute Resolution

Paul's practice involves a wide range of spheres of corporate and commercial activity, including:

Sale and Supply of Goods and Services

Current and recent cases include:

Confidentiality

A considerable proportion of Paul’s lawyers’ liability, disciplinary and regulatory work relates to issues concerning actual or potential conflict of interest and other aspects of confidentiality.  He has been actively involved in a series of cases concerning the disclosure of solicitors’ files to lenders.

Paul successfully barred a firm of solicitors from acting in construction litigation in Re a firm of Solicitors [1999] PNLR 950 (conflicts of interest and "chinese walls").

Computer Contracts & Information Technology

Paul has acted in complex and lengthy computer software disputes tried in the London and provincial TCC. Issues have included:

Cases include BIT Group Ltd v. Housing Units Ltd (1999) TCC unreported, and others settled on confidential terms.

Paul is the author of the chapter on IT Professionals in Jackson & Powell: Professional Liability Precedents.


Construction & Engineering

Paul’s construction practice currently focuses to the greater extent on the liability of construction professionals.  This and his reported cases include:

Paul also has lengthy experience of a considerable range of construction disputes, litigating and arbitrating for and against employers, contractors and sub-contractors.

Past cases include:


Disciplinary

A large amount of Paul's advisory work in this area concerns professional conduct: telling professionals, especially lawyers, what they can and cannot do in private professional practice, with a view to avoiding referrals to regulators.

But of course Paul also regularly advises in connection with conduct-related complaints, particularly to the LCS and the SRA. He has advised extensively on regulatory and disciplinary issues concerning breaches of SARs - both fraudulent (including advisory involvement in the Marrache scandal in Gibraltar) and non-fraudulent - separate business structures, introductions and referrals, publicity, and proper standards of work in private client, conveyancing and litigation matters. 

He has substantial recent experience of defending in proceedings particularly before the Solicitors’ Disciplinary Tribunal and the disciplinary committees of the Association of Chartered Certified Accountants and the Institute of Chartered Accountants in England & Wales.

Issues with which he is most familiar have included:

 Paul’s recently contested cases in the SDT include 

Forthcoming hearings concern block conveyancing abroad / costs information / compliance with LCS adjudications / fee sharing / referral issues in accident claims. 


Financial Services Regulation

Paul is regularly instructed in claims involving financial services consultants.  He has particular experience of home income plans and similar, as well as life assurance and pensions mis-selling.

He is familiar with regulatory matters under the FSMA 2000 (and its predecessors).

Current and recent cases include:


Insurance & Reinsurance

Paul regularly advises as to coverage and exclusions in policies of insurance which arise in three contexts:

His specific recent experience of insurance coverage issues includes

     -   successor practice issues

     -   insurable interests of ex-partners and ostensible partners

     -   late and non-notification issues

     -   exclusions relating to the nature of the business insured

     -   cooperation clauses

     -   misrepresentation and non-disclosure on renewal and during the life of the policy

     -   moral hazard

     -   fraud

     -   interpretation of clauses relating to critical illness cover

     -   fortuity


Professional Liability

Accountants, Auditors & Actuaries

Paul is regularly instructed in claims against accountants and financial services consultants, covering topics as diverse as taxation matters, enterprise zones, audit responsibilities, business and incorporation advice, and life assurance and pensions mis-selling. He has a good understanding of audit and familiarity with IFRS, ISA etc. Current and recent cases include:

-   a potential action concerning share sale and tax advice: Moresfield Ltd v. Banners & KPMG [2003] EWHC 1602 (Ch)

-   high net worth ancillary relief proceedings

Construction Professionals

Cases include

Financial Services Professionals

Paul is regularly instructed in claims involving financial services consultants.  He has particular experience of home income plans and similar, as well as life assurance and pensions mis-selling. He is familiar with regulatory matters under the FSMA 2000 (and its predecessors). Current and recent cases include:

Insurance Brokers & Agents

Paul acted for the brokers in Yechiel v Kerry London Ltd [2010] EWHC 215 (Comm) successfully establishing on the evidence and in cross-examination that the insured had failed to give notice to the brokers of certain requirements as to cover.

Paul has also been involved in substantial cases concerning:

and his recent advisory work has focused particularly on the scope of the broker’s duty to advise and to elicit material information at inception and upon renewals.

Lawyers

Paul has an extensive lawyers' liability practice including claims relating to commercial disputes, finance and investments, property transactions, and lost and mishandled litigation cases arising out of a wide range of original disputes including landlord and tenant, commercial, planning, contentious chancery, corporate and personal insolvency, matrimonial and childcare, and personal injury. He has considerable expertise in wasted costs applications.

His reported cases include:

-   Angel Solicitors v Jenkins O'Dowd & Barth [2009] EWHC 46 (Ch); [2009] 1 WLR 1220; [2009] PNLR 19

-   Ross Solmon & Co v Jenkins O’Dowd & Barth (2009) ChD, untranscribed

-   L. Morgan & Co v Jenkins O'Dowd & Barth [2008] EWHC 3411 (Ch)

-   First Property Finance Ltd v Martin & Haigh [2006] PNLR 29

-   Vaughan v. Emmott Harrison [2005] PNLR 8 (limitation)

-   Adrian Alan Ltd v. Fuglers [2003] PNLR 14 (damages awarded where it transpired that an ex-employee had misrepresented himself as a practising solicitor)

-   Biggs v. Sotnicks [2002] Lloyd's Rep PN 331 (limitation)

-   Green v Hancocks [2001] Lloyd's Rep PN 212 (CA) (action for lost opportunity to make £43 million out of residential property development in the Midlands; issues relating to reliance on counsel, effect of legal advice given before more recent change in the law, and the viability of claims for misfeasance in public office)

Paul has vast experience of wasted costs applications, in connection with which he has appeared (among other places) in the Family Division, the Patents Court, and Employment Tribunals.  He has recently been involved in the wasted costs application against ACS:Law arising from its conduct of peer-to-peer file-sharing claims, described by the B.B.C. as a “fascinating courtroom drama”.  His reported cases include Majdabadi v Trustees of London Clinic [2008] EWHC 3664 (QB), [2008] All ER (D) 18 and Marsh v Sofaer [2006] EWHC 1217 (Ch), [2006] PNLR 35.

Paul has over the years appeared in and advised in lawyers’ liability cases in every division of the High Court including

He has also been instructed to appear in Scotland as an expert witness in English barrister's negligence law.

Surveyors & Valuers

Paul's experience covers a broad spectrum of residential and, in particular, commercial valuation claims.  His recent and ongoing work includes

 Other cases in which he has acted have included: