Rated in both Chambers & Partners and Legal 500 as a leading junior in this area, Amanda has variously been described as: “fantastic on paper and strong in mediation”, “extremely popular and deservedly so”, “an extremely thorough junior who presents her work in apple pie order”, “smart and reliable” and “doesn’t sit on the fence and is hard-hitting and practical”“”.
Professional liability forms a significant part of Amanda’s practice and she has extensive experience of professional liability claims, particularly those involving lawyers, including wasted costs claims and claims against barristers. She recently acted for Leading and Junior Counsel in a claim brought by after the event insurers, culminating in a two week trial in the Commercial Court (GWM v Templeton, October 2010).
She is an editor of Jackson and Powell on Professional Liability (Sweet and Maxwell, 6th edition, 2007).
Accountants, Auditors & Actuaries
Amanda has acted for and against accountants and auditors in number of cases concerning liability for audit and accounts preparation and, in particular, taxation advice. She was recently instructed in a substantial claim against a firm of accountants relating to their conduct of a share purchase agreement and acted at trial (as junior to Fiona Sinclair QC) for the former manager of a well known pop singer against a ‘Big 4’ firm relating to tax avoidance advice and the conduct of complex HMRC investigation
Examples of other instructions include:
- acting for a discretionary fund manager in a claim alleging bad investment advice, mismanagement of funds and deceit
- acting for an individual against an IFA in a claim for negligent investment advice following the collapse of an Icelandic bank
- acting for high net worth individuals in a claim against large firm of accountants arising out of tax advice involving capital loss schemes
- acting against a firm of accountants in claims by former clients concerning preparation of and advice in relation to tax returns, including claims brought by non residents and claims involving IHT advice
- acting for the successful defendant at trial in claim against an accountancy firm arising out of tax advice (as junior to Giles Goodfellow QC)
- acting as junior to John Powell QC in a very substantial claim brought by a company against its auditors arising out of its failure to detect and/or report on an extensive and multi faceted fraud
Amanda acts in claims involving a variety of construction professionals. Amanda is known for her attention to detail and enjoys the challenge presented by document heavy and complex litigation, attributes which she considers stand her in good stead in this field. She has particular experience of claims against engineers, architects and designers, ranging from claims against heating plant engineers, to claims concerning the design and management of a skate park! Amanda has also been instructed in several cases concerning building/ property management.
Financial Services Professionals
Amanda is regularly instructed in claims concerning pensions and financial investments. She has acted in claims against pensions advisers for pensions mis-selling, investment advice and pensions reviews (acting for both claimants and defendants) and in a claim brought by members of a pension scheme against the underwriter responsible for the administration of the scheme.
Amanda has recently acted for a discretionary fund manager in a claim alleging bad investment advice, mismanagement of funds and deceit, and acted for an individual against an IFA in a claim for negligent investment advice following the collapse of an Icelandic bank.
Insurance Brokers & Agents
Amanda has increasing experience in this field, acting both for and against insurance brokers in claims involving issues of scope and level of cover, exclusions and non disclosure and in the context of a wide range of insurance policies. Amanda’s experience of ‘pure’ insurance disputes, together with her extensive experience of professional indemnity claims across the board, renders her particularly well placed to deal with these claims.
Previous and ongoing instructions include:
- Acting for a recycling business in claim against its broker for failure to advise as to the meaning and effect of various warranties and conditions precedent
- Acting for reinsurance broker against former managing director for alleged breach of duty in relation to mid-term broker change
- Acting for broker defending claim for significant damage arising from lack of cover for property damage and business interruption following a major fire at a brewery, involving issues of breach of warranty, material non disclosure and claims for loss of profit (including issues as to the application of Sprung v Royal Insurance)
Claims against lawyers forms the largest part of Amanda’s professional liability practice and she has a wealth of experience in this field, including applications for wasted costs against both barristers and solicitors. She is regularly instructed by solicitors, their insurers and BMIF. Amanda has considerable experience of claims against barristers and has acted for Leading and Junior Counsel in a significant number of claims arising from, amongst other things, matrimonial, employment and the coal mining litigation, as well as claims arising from criminal matters. Amanda also specialises –in claims against solicitors involving tax and general chancery issues, “lost” or “under settled” litigation (involving a wide range of underlying disputes) and multi party and contribution claims. She is frequently instructed to advise on limitation issues.
Reported cases include:
- GWM v Templeton  EWHC 2679 (Comm): acting for Leading and Junior Counsel in successfully defending a claim brought against them by ATE insurers (led by Michael Pooles QC)
- Patel v Air India  EWCA Civ 443: wasted costs claim against solicitors
- Williams v Thompson Leatherdale  EWHC 2574;  PNLR 15 (QB) – instructed by BMIF and led by Charles Howard QC (1 King’s Bench Walk) in successful defence at trial of leading family silk arising out of settlement of ancillary relief proceedings
- Daniels v. Thompson  EWCA Civ 307;  PNLR 33 (CA) – duties owed by solicitors to personal representatives in an inheritance tax context and limitation
- Brown v Bennett (Nos. 2 and 3)  1 WLR 713 – wasted costs against barristers.
Other current and recent cases include:
- Defending a multi-million pound claim brought in the Isle of Man by an individual against her former solicitors alleging under settlement of ancillary relief claim (as junior to Sue Carr QC)
- Defending a claim brought by an individual against her former solicitors alleging negligent conduct of an insurance claim
- Defending a claim brought by an individual against her former solicitors alleging negligence in relation to a settlement deed and tax advice (as junior to Sue Carr QC)
- Defending a claim brought by an individual against his former solicitors alleging misconduct of lengthy commercial litigation
- Acting for company in a claim against its former solicitors in a commercial property transaction involving issues of the interpretation of option agreements and overage
- Numerous claims brought against solicitors arising out of residential and commercial conveyancing including claims involving actual or potential mortgage fraud.
Surveyors & Valuers
Amanda has acted for claimants and defendants in a significant number of claims in relation to both commercial and residential property, including multi party claims and claims brought by banks and mortgage companies as well as by individuals. She has recently been involved in several claims by lenders in respect of actual or potential mortgage frauds and is currently instructed by a bank specialising in the provision of residential development finance and bridging loans in respect of a claim against a firm of valuers who provided valuations of three developments on a residual and gross development value basis.