Helen practises in the fields of professional negligence, insurance, disciplinary, fraud and property-related work. Helen has been listed as a recommended junior for professional liability work for some years in the Legal 500, Chambers and Partners and Legal Experts. Recent comments from the directories include:

  • “She provides technically excellent advice and is a real fighter”.
  • She is an extremely skilled tactician and a joy to watch in court”.
  • “Very efficient, very bright and gives very good advice.”
  • “As an advocate, she has a wonderful ability to drill down to the core facts, paring away all that is irrelevant and presenting things in a clear and reasoned manner.”
  • The exceptionally strong quality of Helen Evans’ work stands out to interviewees. They comment that “she is not afraid of standing up and fighting for a point.””
  • “Highly sought after for her professional negligence expertise and…considered a go-to by solicitors.”
  • “Formidable on paper, on her feet, and in cross-examination.”
  • “Works all hours of the day and provides a first-rate service.”
  • “Very bright and intuitive, she gives solid commercial advice.”

Helen has experience of a very broad variety of claims against solicitors, with recent examples including lost litigation, employment, matrimonial and costs matters in addition to property, chancery and fraud work. Helen has acted in several pieces of large multi-party or managed litigation (involving issues such as the collapse of accident schemes, large frauds and “right to buy” schemes). Helen has also acted in numerous barristers’ negligence cases and has experience of wasted costs claims and civil restraint orders. Helen is the co-editor of the solicitors’ and barristers’ chapters in Jackson & Powell on Professional Liability (with Hugh Evans).  She also undertakes disciplinary work and is currently involved in proceedings before the Solicitors’ Disciplinary Tribunal.

Helen has been instructed in a number of claims against financial professionals, including accountants, auditors, insolvency practitioners and IFAs. Such claims have encompassed issues such as a wide variety of negligent tax, investment and advice about financial products. Examples of her recent work include involvement in a multi-million pound, multi-party case relating to an alleged Unregulated Collective Schemes and several substantial claims relating to allegedly negligent audits. Helen is also currently instructed in professional disciplinary proceedings before the Financial Reporting Council.

Helen has also handled a broad range of disputes against surveyors and valuers (many of which have involved alleged large scale frauds). She has also acted on behalf of banks bringing claims a variety of professionals arising out of property frauds as well as for the professional defendants.

Helen’s practice involves a number of insurance disputes. Helen has also advised on coverage as well as defending a broad range of claims (including e.g. commercial, property damage, theft and fire claims) on behalf of insurers. Helen also has experience of a wide range of claims against insurance brokers. Her current caseload includes claims relating to non-disclosure, fraud, and failure to procure adequate cover across a range of different types of insurance.

Finally, Helen has experience of freezing injunctions, attempts to restrain parties from leaving the jurisdiction, Norwich Pharmacal and Bankers Trust orders.

 

Areas of Expertise

Professional Liability
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Helen is described by the Legal Directories as “highly sought after for her professional negligence expertise and…. considered a go-to by solicitors.” She has been listed as a recommended junior for professional liability work for some years in the Legal 500, Chambers and Partners and Legal Experts. Comments include that Helen is “not afraid of standing up and fighting for a point”,  that “she provides technically excellent advice and is a real fighter” and that she is “formidable on paper, on her feet, and in cross-examination”. Her work is described as being of “exceptionally strong quality” and “commercial”, and she is commended for  her “first-rate service.”

Helen has experience of a very broad variety of claims against solicitors, with recent examples including lost litigation, employment, matrimonial and costs matters in addition to property, chancery and fraud work. Helen has acted in several pieces of large multi-party or managed litigation (involving issues such as the collapse of accident schemes, large frauds and “right to buy” schemes). Helen has also acted in numerous barristers’ negligence cases and has experience of wasted costs claims and civil restraining orders. Helen is the co-editor of the solicitors’ and barristers’ chapters in Jackson & Powell on Professional Liability (with Hugh Evans).  She also undertakes disciplinary work and is currently involved in proceedings before the Solicitors’ Disciplinary Tribunal.

Helen has been instructed in a number of claims against financial professionals, including accountants, auditors, insolvency practitioners and IFAs. Such claims have encompassed issues such as a wide variety of negligent tax, investment and advice about financial products. Examples of her current work include involvement in a multi-million pound, multi-party case relating to an alleged Unregulated Collective Schemes and several substantial claims relating to allegedly negligent audits. Helen is also currently instructed in professional disciplinary proceedings before the Financial Reporting Council.

Helen has also handled a broad range of disputes against surveyors and valuers (many of which have involved alleged large scale frauds). She has also acted on behalf of banks bringing claims a variety of professionals arising out of property frauds as well as for the professional defendants.

Lawyers

Helen is co-editor of the chapters on solicitors and barristers in Jackson & Powell on Professional Liability, and her lawyers’ liability practice has a broad scope:

  • Her experience spans a wide range of claims against solicitors, including those involving property and conveyancing, partnership, wills and estates, costs personal injury and a variety of commercial transactions.
  • Helen has been involved in several cases involving difficult or controversial issues of limitation. She appeared successfully for the Panel Solicitors in the Court of Appeal in the important post-Sephton case of Axa Insurance Ltd v. Akther & Darby Solicitors and has been asked to advise on the impact of the post-Sephton cases in a number of professional indemnity disputes.
  • Helen has acted (both led and alone) in a number of piece of large, multi-party managed litigation, including the TAG litigation, the CLE litigation and the Right to Buy litigation (in which she successfully acted for various defendant solicitors seeking to strike out claims against them: Kirby v Davis Wood, Pringle v Oliver Charles;
  • Helen has dealt with a number of claims against solicitors arising from employment matters (having herself acted in a number of employment disputes over the years).  Such claims have a broad span; from Equal Pay, unfair dismissal and discrimination to claims arising from the handling of industrial action or over the application of TUPE. She also has extensive experience of procedural and jurisdictional issues that often arise in employment claims.
  • Helen has experience of dealing with cases arising from ancillary relief applications and other aspects of matrimonial work. These cases have involved issues as diverse as assets being dissipated by one spouse, the proper division of assets between spouses, problems arising from settlements and concealment and non-disclosure. She is involved in a number of disputes relating to the valuation of pensions and other assets on divorce. Helen sits as a Deputy District Judge, in which capacity she has first-hand experience of deciding financial remedies on divorce.
  • A large number of Helen’s solicitors’ negligence cases are property or chancery-related, including cases alleged to involve mortgage fraud. She has experience of freezing orders and tracing claims in this context. Helen has been involved in several claims involving fraud or dishonesty. She has experience of breach of trust and proprietary claims.
  • Helen has acted in numerous “lost litigation” claims as well as “under settlement” claims. Examples of such lost or under-settled litigation include libel, personal injury and  commercial claims.
  • Helen has experience of a number of procedural issues arising from solicitors’ negligence cases, including security for costs, wasted costs, claims for breach of undertaking, breach of unless orders, striking out and civil restraint orders against litigants. She successfully represented the defendant firm in the post Jackson reforms case of Hobson v West London Law. She acts for the defendant firm in the long running proceedings between French v Carter Lemon Camerons.
  • Helen has also dealt with a number of claims arising from solicitors’ regulatory matters, such as the operation of client accounts and matters arising from costs.
  • Helen has dealt with “Friday afternoon frauds” and has experience of freezing injunctions, applications to restrain parties from leaving the jurisdiction and Norwich Pharmacal/Bankers Trust orders requiring banks to provide information so that money can be traced.
  • Helen has also acted in a number of claims against barristers (arising from both advice and representation). Her work for and against barristers includes a diverse range of cases, including ancillary relief, undue influence claims, costs, and property disputes.
  • Helen regularly acts for claimants in claims against solicitors and barristers as well as for defendants. She has also advised insurers and insureds on disputes over professional indemnity policies.
Accountants, Auditors & Actuaries

Helen has extensive experience of claims involving accountants and auditors, which has included the following:

  • A wide-range of auditors’ negligence cases, involving issues such as inadequate planning, inadequate conduct of an audit and complex causation, loss and damage points. Helen’s experience of auditors’ negligence work also encompasses failure by auditors to spot fraud perpetrated by directors or employees. In this regard, Helen is currently involved in several large claims against large national and high street firms arising from allegedly negligent audits (including allegations of undetected fraud);
  • Litigation by insolvency practitioners against directors and officers (often involving onward claims against auditors and accountants);
  • A number of disputes relating to the preparation of accounts and tax returns (in relation to individuals, companies and partnerships). These disputes have included issues such as late submission of accounts, incorrect advice on overdrawn directors’ loan accounts, incorrect treatment of dividends, incorrect advice on business expenses, negligent exposure to a tax investigation and inadequate handling of a tax investigation;
  • Claims arising from negligent corporate tax planning, including CGT roll over relief, capital allowances, and the incorporation of a business formerly run as a partnership (which failed because of the existence of connected businesses under common control).
  • Litigation arising from negligent individual tax planning, including in relation to inheritance tax;
  • Claims relating to alleged tax avoidance schemes (including stamp duty avoidance and multi party litigation concerning failed film finance schemes);
  • Claims arising from niche areas of advice, such as the taxation aspects of a yacht purchase and management agreement, the proper treatment of farming losses under s. 397 of ICTA, roll over relief on compulsory purchase, or a large scale profit related pay scheme (University of Keele v Price Waterhouse [2004] PNLR 8);
  • Disputes over the valuation of businesses (e.g. in the context of a shareholder dispute);
  • Litigation relating to negligently prepared management accounts which allegedly masked the poor performance of a business;
  • Helen also has experience of dealing with claims involving complicated accountancy and actuarial expert evidence, such as valuing lost profits, identifying increased costs, valuing assets and businesses and tracing misappropriated funds. Helen has also advised in relation to the potential liabilities of accountants acting as expert witnesses.
Financial Services Professionals

Helen has been involved in a number of claims against independent financial advisors including claims arising from a range of financial products such as equity release schemes and various mortgage, insurance and pension vehicles as well as offshore investments and tax schemes. She has also been involved in cases of allegations of mis-selling as well as negligent advice and investment strategy.

Recent examples of her work include:

  • Involvement in several multi-million pound and multi-party claims (and potential claims) relating to alleged Unregulated Collective Investment Schemes;
  • Proceedings arising from allegedly negligent structuring of a tax-efficient income scheme;
  • Various substantial claims relating to mis-selling of geared traded endowment policies;
  • Litigation arising from interest rate swap products;
  • Several pieces of litigation arising out of inadequate or inappropriate inheritance, income or corporation tax mitigation advice;
  • Litigation arising out of the sale of inappropriately risky investment products;
  • Litigation against directors and officers (including under the Insolvency Act 1986);
  • Advising on complaints to the Financial Ombudsman’s Service.
Directors and Officers

Helen has acted in a number of disputes involving the alleged wrongdoing of directors and officers. Recent examples of her work include

  • A claim by a company against a former director for breach of duty to the company plus involvement in an unlawful means conspiracy and breach of trust;
  • A claim against directors of a BVI company for diversion of income;
  • Advising auditors on claims against directors of a company relating to inadequate internal controls and fraud by an employee;
  • Acting for the financial director of a company in relation to disciplinary proceedings against him brought as a result of his status as a qualified accountant;
  • Advising directors and officers on the D&O insurance aspects of an unfair prejudice petition brought by a member of a company relating to directors’ alleged breaches of the Companies Act 2006.
Insolvency Practitioners

Helen has experience of defending insolvency practitioners from claims arising out of the allegedly negligent conduct of administrations or liquidations. Such claims have involved issues such as:

  •  The alleged failure to pursue claims against or to restrain the activities of directors;
  • A failure to realise the company’s assets and/or under-valuation of assets;
  • Negligence regarding the novation of an insolvent company’s contracts to a new company;
  • Pursuing litigation against professional advisers tainted by the fraud of directors.

Helen has extensive experience of defending professionals against claims initiated by insolvency practitioners, including direct claims and misfeasance proceedings under the Insolvency Act. She has acted both for and against trustees in bankruptcy and her recent article on the liability of trustees in bankruptcy can be found here.

Valuers

Helen has acted on a number of claims both for and against valuers, involving residential and commercial premises (and both one-off and portfolio valuations);

Recent examples of Helen’s work include the following:

  • Acting successfully at a 6-day trial for a mortgage lender suing a national firm of surveyors with regard to the valuation of domestic property in South Wales. The case involved allegations of negligent lending practices as well as valuation issues, and entailed detailed cross-examination of expert witnesses over several days;
  • Advising a bank with regard to a claim for negligent valuation of retail premises (including issues of overvaluation based on yield);
  • Advising various lenders with regard to claims for alleged breaches RICS Red Book guidelines on valuing new build properties;
  • Acting for mortgage lenders with regard to the involvement of panel valuers in large-scale fraudulent property transactions relating to new build property (including allied applications for Norwich Pharmacal relief relating to funds passing between other parties allegedly involved in the fraud).
  • Advising various lenders and firms of surveyors with regard to claims for negligently overvalued commercial and residential property  (including claims arising out of large investment portfolios).
Insurance Brokers & Agents

Helen also has experience of claims both for and against insurance brokers, from disputes arising over one-off policies to placing larger insurance schemes. Her work involves a wide range of insurance products, from property and professional indemnity insurance to medical and disability insurance.

Recent examples of Helen’s claims include:

  • Numerous pieces of litigation against brokers for inadequate explanation of terms/procuring inadequate cover (and failing to appreciate the exclusions or conditions of a policy);
  • Allegations of fraud/breach of fiduciary duty against brokers based on their alleged mis-representation of cover allied with their desire to earn commissions;
  • Claims against brokers for giving negligent advice about an insured’s duty of disclosure;
  • Several sets of proceedings involving brokers allegedly misrepresenting the nature of a risk to insurers, failing to pass on material facts or and concealing  material facts from insurers;
  • Coverage litigation arising from brokers’ professional indemnity insurance and whether brokers were acting pursuant to an undisclosed binding authority;
  • Claims relating to failure to notify and late notification.

Helen also has experience of claims against insurance claims handling agents and was involved in two large Commercial Court disputes relating to motor insurance agents.  She also has considerable first-hand trial experience (led and un-led) in brokers’ claims.

Surveyors

Helen’s work has involved a broad range of surveys, including specialist surveys (such as asbestos surveys), as well as surveys in standard residential conveyancing transactions. Her experience covers a spread of issues, from subsidence and heave, to a range of building defects, through to advice on value, rectification works and insurance coverage;

Recent examples of Helen’s work include claims relating to:

  • Structural damage to a property in a coal mining area,
  • Failure to spot single-skin brickwork in alleged breach of a bank’s lending criteria, and
  • Failure to follow a “train of enquiry”.
Insurance & Reinsurance
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Helen has experience of a broad range of insurance disputes, spanning the following issues:

  • Policy coverage issues (including the interpretation of a range of policy terms and disputes between insurers as well as between insurer and insured). Recent examples of such work include advising on brokers’, directors’ and officers’ liability cover and solicitors’ professional indemnity cover;
  • Dishonesty, misrepresentation and non-disclosure. Helen has experience of acting for both insurers and insured in such litigation;
  • Disputes involving brokers. Recent examples include disputes over secret commissions, the appropriateness of cover procured by brokers, and allegedly negligent advice by brokers on what should be disclosed to insurers;
  • Claims against coverholding or other insurance agents. Helen acted on a large claim by an insurer against a claims handling agent, involving the handling of thousands of underlying motor insurance policies across a number of years;
  • Claims relating to legal expenses insurance. Helen has acted in relation to claims brought by litigants against legal expenses insurers and also has extensive experience of issues arising from policies of “after the event” insurance;
  • Claims against professional advisers for prejudicing a client’s insurance cover or delaying insurance claims;
  • Disputes over whether insurers have “maintained” litigation and exposed themselves to costs liability as a result;
  • Subrogated recovery claims on behalf of insurers (e.g. involving fire and flood damage). Helen was instructed on what is thought to be the largest claim arising out of the Buncefield explosion.
Disciplinary
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Helen is currently involved in substantial multi-party disciplinary proceedings before the Disciplinary Tribunal of the Financial Reporting Council, involving complex actuarial issues. She is also instructed in relation to proceedings before the ACCA’s Admissions and Licensing Committee regarding allegedly inadequate audits. She has extensive experience of accountants’ and auditors’ negligence cases and financial services regulation, which provides an ideal backdrop for financial disciplinary work.

Helen has appeared before the Solicitors Disciplinary Tribunal (SDT) and in recent months has been involved in matters relating to conflicts of interest and breaches of the Solicitors’ Accounts Rules. She has also appeared before  the Disciplinary Committee of the Institute of Legal Executives and has experience of advising in relation to complaints against solicitors and a range of regulatory issues arising from solicitors’ practices.

She has also advised on the settlement of regulatory proceedings.

Helen has recently been appointed to the Bar Standards Board’s Panel of Prosecuting Counsel and in that capacity will pursue disciplinary proceedings against members of the bar on behalf of their regulator.

Helen has financial services experience, including advising on the interplay between financial services regulation and the role performed by professionals such as accountants and solicitors.

Helen is a member of the Association of Regulatory and Disciplinary Lawyers. Helen writes on disciplinary matters, and her recent article on dishonesty and lack of integrity in proceedings before the Solicitors Disciplinary Tribunal (with Ben Hubble QC) was published in the Solicitors Journal in May 2017. You can read the article here. Her article on fines in accountants’ disciplinary proceedings for August 2017’s edition of Accountancy Magazine can be read here.

Civil fraud
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Helen has extensive experience of freezing injunctions, proprietary injunctions, attempts to restrain parties from leaving the jurisdiction, Norwich Pharmacal and Bankers Trust orders. She often handles multiple urgent applications in quick succession. Recent examples of her work include:

  • Obtaining proprietary inunctions and Norwich Pharmacal relief for a solicitors’ practice where a large fraud had been committed through the client account;
  • Advising solicitors and accountants about injunctive relief in relation to a “Friday afternoon frauds” by email impersonation;
  • Obtaining proprietary and regular freezing injunctions plus Norwich Pharmacal relief against recipients of moneys misappropriated by fraudsters;
  • Obtaining Norwich Pharmacal orders to assist with tracing the proceeds of a large-scale property fraud;
  • Advising a charity on obtaining injunctive relief in relation to moneys paid to a third party by mistake;
  • Acting for a defendant on the return date of a freezing injunction arising out an alleged breach of trust;
  • Dealing with an application to restrain a defendant from leaving the jurisdiction and requiring the surrender of their passport;
  • Advising on claims against directors, officers and other participants in frauds in the context of auditors’ and insolvency practitioners’ negligence claims.
Property Damage
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Helen has considerable experience of claims involving property damage. Examples of her work include:

  • Being instructed in one of the largest claims arising out of the Buncefield explosion (involving a very substantial business interruption/loss of profit claim).
  • Acting in relation to a borehole drilling accident which caused an extensive power cut and damage to an electricity supplier’s cables.
  • Representing four businessmen whose properties were destroyed in an explosion, causing very substantial loss of profits and rebuilding claims.
  • Helen has acted in a number of insurance disputes involving flood, fire, subsidence, heave and water penetration.
  • She also has extensive experience of claims against surveyors, valuers and managing agents, as well as liaising with and cross-examining expert witnesses at trial.

Qualifications & Memberships

M.A. (Oxon.) (First Class) C.P.E. (City) (Distinction) M.A. Administrative Law (City)

Prior to joining chambers, Helen read English Literature at New College, Oxford, where she was Galsworthy scholar and obtained a first class degree. She then spent a year at the University of Aix-Marseille III in France. Helen studied law at City University, where she gained a distinction in the CPE exams. During her Bar School year, Helen was Astbury Scholar of the Middle Temple, won the Inn’s Helena Normanton QC Prize for her performance in the Bar Vocational Course and also obtained an MA from City University. In 2004 Helen was awarded a Pegasus scholarship to work in Toronto, Canada.

Helen sits on the Pro Bono Committee of the Chancery Bar Association and participates in the Chancery Litigant in Person Scheme. She is a Deputy District Judge (a role which she performs for 3 weeks a year). She also participated in the Bar Council’s Professional Indemnity Insurance Working Party and has recently been appointed to the Bar Standards Board’s Panel of Prosecuting Council for disciplinary proceedings.

 

Publications

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