Winner of Chambers & Partners Professional Negligence Junior of the Year 2015.

Siân Mirchandani “has a sharp mind and excellent attention to detail.” “She is excellent – very pleasant to deal with and extremely robust and effective for her clients.” (Chambers & Partners 2016)

Since joining in 1998 following pupillage in Chambers and an earlier career as a veterinary surgeon, Siân has established a thriving practice in professional liability claims, insurance and construction/engineering. Siân has a particular interest in disputes involving technical and scientific elements and this has led to a strong construction/engineering practice and wide ranging experience in regulatory and experimental product testing claims.

“She can cut through the complex very quickly” (Legal 500 2016); ’‘Very bright, robust, dedicated and thorough’’ (Legal 500 2015).

“Siân Mirchandani provides sensible, commercial and practical advice”; ‘Her strong understanding of the key issues in a case ensure that solicitors feel confident that ‘every angle is covered; “Dedicated and articulate, with excellent attention to detail.” (Legal 500 2014)

Impressed solicitors say that “rising star for construction and solicitors claims” Siân is “one to watch”, and that Siân is “a joy to work with – very bright”.

Siân Mirchandani “regularly acts in complex professional negligence disputes. She demonstrates notable expertise in financial claims and cases with an international element”; “The great thing about her is that on every occasion her advice is strong, firm and consistent, which allows us to get an excellent settlement.” “She’s very strong on complex matters.” (Chambers & Partners 2015)

Siân has wide and considerable experience of professional liability claims, including claims against lawyers (solicitors and barristers), architects, engineers, insurance brokers and agents, surveyors and valuers, accountants, financial services professionals, land management agents, farm management agents, estate agents, clinicians and veterinary surgeons. Siân is a TECBAR accredited adjudicator.

She also has considerable experience of professional disciplinary matters (particularly architects), arbitrations, adjudications and mediations. Having qualified from Cambridge University as a veterinary surgeon in 1992, Siân worked in academic and general practice as a veterinary surgeon before coming to the Bar and joining Chambers in 1998.

Areas of Expertise

Professional Liability
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‘Very bright, robust, dedicated and thorough’ – Legal 500, 2015 (Leading Junior: Professional Negligence)

Siân has considerable experience of claims involving professionals of all types. The Directories speak of Siân as a “rising star for construction and solicitors claims”; “one to watch”, and her profile is described as continuing “to skyrocket”.

With a professional and scientific background, Siân relishes cases which involve scientific aspects or technical issues, and this has led to a strong practice in the Technology & Construction Court. Her practical, ‘hands on’ approach has led to instructions from civil engineering and other building contractors and sub-contractors, and this ‘pure construction’ work complements her continuing construction professionals’ practice.

Siân has particularly developed a practice involving claims arising from design and construction of farm or agricultural buildings, where the combination of her veterinary background and her experience in construction claims as well as professional liability claims has given her clients a considerable advantage.

In recent years Siân has been involved in defending high value claims against major firms of valuers in cases involving commercial properties packaged as ‘tax efficient’ investments in Denmark and the UK. These cases involved valuations using yields and estimates of rental income for hotels (K/S Lincoln et al v CBRE Richard Ellis) and factory outlet centres (Capita Alternative Fund Services & Matrix Securities v Drivers Jonas), where value was added due to the tax savings to be obtained.

Apart from the main fields of professional liability, Siân has also been involved with claims concerning agricultural land agents’ negligence and estate agent’s negligence.

Siân particularly enjoys cases in all areas of her practice which involve working alongside solicitors, and other professionals, as part of an interchangeable team, dealing with vast amounts of documentation, or claims involving large numbers of sub-claims.

Siân has experience of using electronic databases and e-documents, rather than conventional paper documents, and has been involved in an e-disclosure exercise in a major construction claim arising from a housing estate.

Lawyers

Siân has acted in a very wide variety of lawyers’ negligence claims, including lost litigation and other ‘loss of a chance’ and ‘package of rights’ claims (acting for and against both solicitors and barristers).

Siân acted on behalf of the Solicitors Indemnity Fund and the defendant solicitors in the “Immunity Appeals” in Arthur J.S. Hall v. Simons [2002] 1 AC 615) which considered the question of when an attack on a previous court’s decision was an impermissible ‘collateral attack’ and led to the abrogation of barristers’ immunity from suit, a victory for the solicitors, who could then seek contribution from the barristers they had instructed.

Siân acted on behalf of the defendant solicitor at all levels up to the recent Supreme Court’s decision of AIB Group (UK) Limited v Mark Redler & Co Solicitors [2014] UKSC 58 – which confirmed that causation of loss must still be proved in a claim for equitable compensation for breach of trust, and the recoverable loss is confined to the loss actually caused by the breach of trust.

Siân acted on behalf of one of the Major Defendants (solicitors) in the The Right to Buy ‘case managed’ litigation concerning thousands of firms of solicitor, ultimately resulting in discontinuance by the Claimants at the start of trial.

Examples of her wide experience in this area include:

  • Incorrect advice on planning permission requirements
  • Claims arising out of mismanagement of adjudication proceedings.
  • Loss of litigation / undersettlement
  • Scope of solicitor’s duty to client when more than one professional advisor.
  • Collateral attacks on existing judgments
  • Wasted costs applications

Sian’s recent cases are profiled below.

Cases

AIB Group (UK) plc v Mark Redler & Co

Siân acted on behalf of the defendant solicitor at all levels. The case upheld that causation of loss must still be ...

[2014] UKSC 58 [2015] AC 1503
[2014] UKSC 58 [2015] AC 1503
AIB Group (UK) plc v Mark Redler & Co

Siân acted on behalf of the defendant solicitor at all levels. The case upheld that causation of loss must still be proved in a claim for equitable compensation for breach of trust, and the recoverable loss is confined to the loss actually caused by the breach of trust.

Defending a firm of solicitors

Defending a firm of solicitors for allegedly negligent advice on renewal of a mixed residential/commercial lease.

...

Defending a firm of solicitors

Defending a firm of solicitors for allegedly negligent advice on renewal of a mixed residential/commercial lease.

Defending various solicitors

Defending various solicitors instructed on a wide or limited basis for alleged negligence in ancillary relief settlem...

Defending various solicitors

Defending various solicitors instructed on a wide or limited basis for alleged negligence in ancillary relief settlements and consent orders following divorce.

Lenders’ claims against solicitors

Lenders’ claims against solicitors for failing to report irregularities on mortgage funded property purchases

Lenders’ claims against solicitors

Lenders’ claims against solicitors for failing to report irregularities on mortgage funded property purchases

Various claims involving alleged conveyancing errors

Various claims involving alleged conveyancing errors

Various claims involving alleged conveyancing errors

Various claims involving alleged conveyancing errors

Various claims against solicitors and barristers

Various claims against solicitors and barristers acting and advising on matrimonial/ancillary relief matters includin...

Various claims against solicitors and barristers

Various claims against solicitors and barristers acting and advising on matrimonial/ancillary relief matters including issues over pension sharing, company valuations, inadequate disclosure; contact disputes; consent order terms, agreements and Court’s approval

Claim against a large commercial firm

Claim against a large commercial firm for alleged errors in drafting of settlement agreement

Claim against a large commercial firm

Claim against a large commercial firm for alleged errors in drafting of settlement agreement

A claim concerning negligent advice

A claim concerning negligent advice to administrative receivers on sale of assets

A claim concerning negligent advice

A claim concerning negligent advice to administrative receivers on sale of assets

Accountants, Auditors & Actuaries

Sian was involved in major litigation arising from tax deferral and avoidance schemes involving film finance (Chase Manhattan Bank v HIH Insurance). The various pieces of this litigation, which centred on particular ‘film slates’ came to involve teams from many of London’s largest firms of solicitors, and included an enormous disclosure exercise.

Sian has acted for and against accountants including the following cases.

Cases

Acting for accountants

Currently acting for accountants alleged to have negligently prepared accounts in the context of a farming partnershi...

Acting for accountants

Currently acting for accountants alleged to have negligently prepared accounts in the context of a farming partnership dissolution.

Acting on a high value ‘lost litigation’

Currently acting on a high value ‘lost litigation’ case involving underlying accountants’ negligent advice for ...

Acting on a high value ‘lost litigation’

Currently acting on a high value ‘lost litigation’ case involving underlying accountants’ negligent advice for payment of VAT for cross borders’ business activities leading to company insolvency.

Professional disciplinary proceedings

Professional disciplinary proceedings arising out of allegedly negligent advice on tax planning

Professional disciplinary proceedings

Professional disciplinary proceedings arising out of allegedly negligent advice on tax planning

Acting for various accountants

Acting for various accountants on negligent tax advice allegations.

Acting for various accountants

Acting for various accountants on negligent tax advice allegations.

Acting on behalf of a former Lloyds’ name

Acting on behalf of a former Lloyds’ name in a claim against accountants for negligent tax mitigation advice

Acting on behalf of a former Lloyds’ name

Acting on behalf of a former Lloyds’ name in a claim against accountants for negligent tax mitigation advice

Chase Manhattan Bank v HIH Insurance

The various pieces of this litigation, which centred on particular ‘film slates’ came to involve teams from many ...

Chase Manhattan Bank v HIH Insurance

The various pieces of this litigation, which centred on particular ‘film slates’ came to involve teams from many of London’s largest firms of solicitors, and included an enormous disclosure exercise.

Financial Services Professionals

Sian has experience of claims against independent financial advisers, including:

  • Recently acted for defendant financial advisers in a secure capital bond mis-selling claim.
  • Claims involving tax avoidance schemes involving film finance
  • Pension mis-selling claims.
  • Investment mis-selling and client mis-classification claims
  • Insurance mis-selling claims.
  • Acting on an appointed representatives’ claim brought under the Commercial Agents(Council Directive) Regulations 1993 against the represented insurers.

Sian’s recent experience includes acting on a claim concerning alleged misadvice on a tax avoidance scheme involving film finance.

Insurance Brokers & Agents

Sian has acted for a number of the prominent insurance broking practices. She has also represented clients against their former insurance brokers in claims concerning selling unsuitable products, failing to advise of necessary products, failure by broker and/or client to give material disclosure to insurer; claims concerning a chain of brokers: introducing, producing, placing brokers, and their respective liabilities to insured and insurer. Sian is often instructed in multi-party disputes where both insurers and brokers are defendants.

Sian’s experience in this area includes the following cases.

Cases

Acting for a ship owner against insurance broker

Acting for a ship owner against insurance broker for misplacement of risk via an introducing broker and failure to  ...

Acting for a ship owner against insurance broker

Acting for a ship owner against insurance broker for misplacement of risk via an introducing broker and failure to  advise of a premium warranty clause.

Acting in a trial concerning an insurance broker

Acting in a trial concerning the insurance broker’s role as agent for passing on information relating to a claim an...

Acting in a trial concerning an insurance broker

Acting in a trial concerning the insurance broker’s role as agent for passing on information relating to a claim and advising client as to whether an “event” within the policy had occurred.

Advising a leading insurance brokerage

Advising a leading insurance brokerage on a potential claim arising from a dispute over premium refund on a hotels’...

Advising a leading insurance brokerage

Advising a leading insurance brokerage on a potential claim arising from a dispute over premium refund on a hotels’ package commercial combined insurance policy.

A claim involving insurers’ avoidance

A claim involving insurers’ avoidance due to breach of ‘deep fat frying’ warranty where breach was due to natur...

A claim involving insurers’ avoidance

A claim involving insurers’ avoidance due to breach of ‘deep fat frying’ warranty where breach was due to nature of construction of the building housing the restaurant business.

A dispute amongst brokers

A dispute amongst brokers in the broking chain over obligations to review incorrect policy documentation for a proper...

A dispute amongst brokers

A dispute amongst brokers in the broking chain over obligations to review incorrect policy documentation for a property portfolio.

Surveyors & Valuers

Sian is regularly instructed to act on behalf of surveyors and valuers, and has recently been defending a number of claims brought by lenders, as well as pursuing valuers when acting for lenders and solicitors in claims arising out of mortgage transactions.

Sian has a full range of experience of:

  • Claims brought by lenders
  • Claims concerning overvaluation of properties including farms and commercial valuations based on rental income and yield.
  • Structural survey claims, e.g. failure to detect defects; failure to detect and advise on additional parts; failure to advise of need for additional specialist surveys; failure to advise property based on red shale foundations; property development overvaluations.
  • Claims involving new build properties involving NHBC and other ‘structural’ guarantee policies of insurance

Sian has been instructed in a large number of high value claims against valuers, and is familiar with the valuation methodologies in commercial property valuation for investment purposes and lending practices involved in securitisation transactions and portfolio lending. Sian was instructed in high value claim brought by a securitisation vehicle ‘SPV’ concerning the valuation of a commercial property in Germany and has recently been instructed in another high value claim concerning the valuation of a portfolio of London commercial properties valued at c. £1.5b.

She is a leading junior for this area of work having been instructed in the main cases which are now cited in this area that are outlined below.

Cases

K/S Lincoln; K/S Chesterfield; K/S Wellingborough v CB Richard Ellis Hotels Ltd

Click to read description

[2010] EWHC 1156 (TCC)
[2010] EWHC 1156 (TCC)
K/S Lincoln; K/S Chesterfield; K/S Wellingborough v CB Richard Ellis Hotels Ltd

Coulson J, in the successful defence of claims concerning hotel valuations brought by Danish property owning vehicles.

Capita Alternative Fund Services & Matrix Securities v Drivers Jonas

Click to read description

[2011] EWHC 2336 (Comm), Eder J ; [2012] EWCA Civ 1417
[2011] EWHC 2336 (Comm), Eder J ; [2012] EWCA Civ 1417
Capita Alternative Fund Services & Matrix Securities v Drivers Jonas

A claim concerning valuation of a factory outlet centre in Kent.

Titan (Europe) 2006-3 plc v Colliers

The Court of Appeal overturned the decision of Blair J (reported at [2014] EWHC 3106, (Comm)), that the defendant val...

[2015] EWCA Civ 1083
[2015] EWCA Civ 1083
Titan (Europe) 2006-3 plc v Colliers

The Court of Appeal overturned the decision of Blair J (reported at [2014] EWHC 3106, (Comm)), that the defendant valuer had negligently overvalued a large commercial property in Germany, for the purpose of inclusion in a portfolio of loans to be securitised by Credit Suisse. For a more detailed note on this case, written by instructed counsel, please click here.

Construction Professionals

Sian has a particular interest in claims involving technical and scientific knowledge and this has led to a strong construction and engineering practice. Sian regularly appears in the TCC. Sian has also acted for and against construction professionals in a wide range of construction disputes including arbitrations and adjudications.

Examples of Sian’s work in this area are outlined below.

Cases

Defending claim against project architect

Defending claim against project architect by developer of a town centre, multi-purpose shopping centre, residential, ...

Defending claim against project architect

Defending claim against project architect by developer of a town centre, multi-purpose shopping centre, residential, leisure complex involving complex limitation and other issues arising from alleged design defects and failures to detect upon inspection.

Acting on behalf of town planning consultant

Acting on behalf of town planning consultant in a claim concerning a failed application for residential development.<...

Acting on behalf of town planning consultant

Acting on behalf of town planning consultant in a claim concerning a failed application for residential development.

Acting for architect in claim

Acting for architect in claim concerning design and planning of large scale developments of armed forces’ personnel...

Acting for architect in claim

Acting for architect in claim concerning design and planning of large scale developments of armed forces’ personnel accommodation.

Defending a claim against the Housing Association

Defending claim against Housing Association arising out of planning of roads, walkways and services in a new sheltere...

Defending a claim against the Housing Association

Defending claim against Housing Association arising out of planning of roads, walkways and services in a new sheltered housing development.

Claims concerning design and mismanagement of application for planning permission

Click to read description

Claims concerning design and mismanagement of application for planning permission

Claims concerning design and mismanagement of application for planning permission leading to delays and consequential losses in development and refurbishment of listed building.

Acting for engineer in claim

Acting for engineer in claim for allegedly negligent design and installation of duct system in a fire simulation buil...

Acting for engineer in claim

Acting for engineer in claim for allegedly negligent design and installation of duct system in a fire simulation building.

Acting for architect in claim

Acting for architect in claim concerning design and construction of nursing home.

Acting for architect in claim

Acting for architect in claim concerning design and construction of nursing home.

Acting for uninsured architect in claim

Acting for uninsured architect in claim concerning construction in breach of planning restrictions which led to enfor...

Acting for uninsured architect in claim

Acting for uninsured architect in claim concerning construction in breach of planning restrictions which led to enforcement action.

Acting for an architect in a claim

Acting for uninsured architect in claim concerning construction in breach of planning restrictions which led to enfor...

Acting for an architect in a claim

Acting for uninsured architect in claim concerning construction in breach of planning restrictions which led to enforcement action.

Veterinary Surgeons

Experience of acting on claims against veterinary surgeons, and in defending such claims and in disciplinary matters. Particular experience of claims concerning food production animals; milk production and milk losses; equine loss or amenity value claims; loss of opportunity (prize money in racing, show jumping).

Disciplinary
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Siân has a significant practice in defending professionals before professional disciplinary bodies, including ARB, RIBA, ACCA, ICAEW, RICS. Sian is a former member of the Disciplinary Panel for the Council of the Inns of Court which is concerned with barristers’ conduct and service issues, and was also part of a working party advising the RCVS and drafted the RCVS’ current guidance on the roles of expert witnesses.

Siân has advised on and appeared many times before ARB panels defending architects against a range of complaints including: failure to maintain professional indemnity insurance; letter of engagement or appointment issues; failure to administer the contract; contractual issues; retrospective fees; claims on householder’s building insurance and CAR policies, etc

Cases

Defending an architect before the RIBA

Defending an architect before the RIBA on charges of breach of copyright and supplanting resulting in no sanction.

Defending an architect before the RIBA

Defending an architect before the RIBA on charges of breach of copyright and supplanting resulting in no sanction.

Defending architects

Defending architects following complaints regarding project management of domestic residential construction or renova...

Defending architects

Defending architects following complaints regarding project management of domestic residential construction or renovation projects, as a preliminary to a civil court claim, with the result the claim has not been pursued at all.

Successfully defending a veterinary surgeon

Successfully defending a veterinary surgeon before the disciplinary panel of the RCVS.

Successfully defending a veterinary surgeon

Successfully defending a veterinary surgeon before the disciplinary panel of the RCVS.

Successfully appealing a decision

Successfully appealing a decision of the examination body of the RCVS in relation to post-graduate qualification.

...

Successfully appealing a decision

Successfully appealing a decision of the examination body of the RCVS in relation to post-graduate qualification.

Defending accountants before the ACCA

Defending accountants before the ACCA, on a number of claims arising out of allegedly negligent tax advice re. domici...

Defending accountants before the ACCA

Defending accountants before the ACCA, on a number of claims arising out of allegedly negligent tax advice re. domicile; alleged falsification of dates on company return documents.

Defending an insolvency practitioner

Defending an insolvency practitioner before the ICAEW on various claims arising out of an administration.

Defending an insolvency practitioner

Defending an insolvency practitioner before the ICAEW on various claims arising out of an administration.

Construction & Engineering
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Siân has wide experience of advising and acting for employers, contractors and sub-contractors in disputes brought in the London and regional Technology and Construction Courts, as well as Northern Ireland including:

  • Contractor’s claim against sub-contractor installing flooring to a building constructed for the London Olympics: NEC3 contract, issue over whether the adjudication clause was effective.
  • Claims arising from detachment of cladding panels from university buildings where installation design had been amended on site
  • Contractor’s claims against employer for non-payment and repudiation following internal offices fit out contract
  • Contractors’ claims against employers in large scale construction and re-furbishment contracts concerning government department and educational buildings.
  • Contractor’s claims against project manager following discovery of defects in demountable buildings in various schools.
  • Acting for housebuilder in respect of a group action pursued by home owners arising from defective piling on a large housing estate.
  • Employer’s claims for early termination of multi-year NEC3 Term Service Contracts
  • Employer’s claim against project manager and main contractor in construction of process plant including design, management and delay issues.
  • Employer’s claim against designer, project manager and contractor for negligent design and construction of a commercial showroom.
  • Employer’s claim against specialist contractor for excessive noise resulting from plant installation for a swimming pool complex.
  • Developer’s consequential claims against a series of architects for planning breaches in construction of new care home
  • Developer’s claims against consulting engineers arising out of the heating installation for a multi-unit residential development
  • Defending warranty and other claims brought against architect – designer of a multi-use commercial City centre development
  • Defending counterclaim against architect brought by housing development company alleging oversized properties were designed
  • Defending developer’s claim against architect concerning

 

Residential

  • Considerable experience of residential construction disputes advising and acting for employers, architects, contractors and sub-contractors involving:
    • Failures to comply with design brief
    • Planning breaches resulting in enforcement action
    • Overrun on costs
    • Disciplinary actions following complaints
    • Disputes arising in construction of new replacement building following fire destruction of original listed building

 

Adjudications

  • Considerable experience with adjudications including:
    • Delay and claims for expense and loss of profit arising from alleged loss of contracts for construction and refurbishment of tertiary education buildings
    • Claims brought by liquidator following contractor’s insolvency
    • Acting for large contractor against subcontractor concerning final account following the installation of a flue gas desalination plant at a power station.
    • Multiple disputes referred to single adjudicator.
    • Passing claim down chains of adjudications.
    • Claims brought by M&E main contractor against sub-contractors and consulting engineers
    • Claims brought by steelwork contractors against consulting engineer/designers for underscale design
    • Claim by interior fitting out sub-contractor against contractor based overseas

 

Insolvency context:

  • Advising insurers of architect on pursuit of Part 20 contribution proceedings against sub-contractor via assignment of cause of action from contractor (in liquidation)
  • Advising contractor on pursuit of claims under the Third Party (Rights Against Insurers) Act 1930, against a concrete subcontractor following insolvency
  • Acting for insurers facing claim under 1930 Act following explosion and fire of steel fabrication plant
  • Advising and acting for insurers seeking to join action brought against insured following insolvency
  • Advising and acting for excess layer insurers in defending claim under Third Party (Rights Against Insurers) Act 1930, arising from construction of a supermarket

 

Specialist & unusual buildings:

  • Employer’s claim against design architect following delays and budget overrun on premier league football training facility
  • Acting for a waste recycling company in a claim concerning recovery of payments made to a Dutch company for construction of a waste recycling plant following its insolvency.
  • Advising a Japanese plant engineering company in respect of claims proposed against the project manager and contractors for an engineering project based in Eire.
  • Employer’s claim against contractor and architect for negligent design and construction of a swimming pool complex (arbitration and adjudication)
  • A claim by a farmer against a local authority landlord concerning the negligent farm design by a farm designer engaged by the local authority
  • Acting for design and build contractor (and insurer) in a claim concerning deficient installation of cow cubicles resulting in injury, lameness and loss of production.
  • Defending developer’s claim against architect arising from window design for high-end beachside property
  • Acting for sub-contractor (M&E) in defence of claim for indemnity arising out of alleged flue fire in a completely wooden residential building

 

Fire, flood nuisance, subsidence & Rylands & Fletcher

  • Advising insurers on routes for recovery following failure of cavity barriers to contain fire in newly built and refurbished building
  • Advising insurers on investigations and routes for recovery following catastrophic gas boiler explosion in block of flats in Kensington
  • Advising insurers on claims arising from spread of fire following pipework soldering by metalwork sub-contractor
  • Advising and pursuing claims by insurer under Contractors’ All Works policy following fire during refurbishment of a nightclub
  • Advising insurers on routes of recovery following fire in fast food restaurant
  • Advising insurers on routes of recovery following fire in wooden building housing a restaurant
  • Advising and pursuing claims following Buncefield explosion
  • Acting for designing mechanical engineer defending a claim by M&E contractor following fire in back up power system installed during commercial property refurbishment
  • Advising insurers on claims following explosion of a food waste digester
  • Numerous subrogated tree root subsidence claims brought by household contents’ insurers, including Tree Preservation Orders, planning permission application and appeal from decision.
  • Numerous subrogated claims by residential household insurers against contractors:
    • Following poor installation of sanitary ware leading to leak claims.
    • Of adjoining construction of housing estate where re-profiling led to water run-off and inundation of adjoining houses.
Commercial Dispute Resolution
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Sian undertakes a wide range of commercial work, including general and international commercial litigation, personal and corporate insolvency, commercial contractual claims. Sian has experience of pursuing freezing injunctions and pre-action disclosure applications.

Examples of Sian’s work in this area are included in the cases section below.

Cases

Advising on claim for alleged negligence

Advising on claim for alleged negligence in conduct of laboratory testing as part of veterinary pharmaceutical produc...

Advising on claim for alleged negligence

Advising on claim for alleged negligence in conduct of laboratory testing as part of veterinary pharmaceutical product licence application; pursuit of lost opportunity to obtain pharmaceutical product license; loss of market lead.

Defending farm food supplier in a claim

Defending farm food supplier in claim for alleged contamination of animal feed leading to herd deaths.

Defending farm food supplier in a claim

Defending farm food supplier in claim for alleged contamination of animal feed leading to herd deaths.

Defending farm nutrition adviser in a claim

Defending farm nutrition adviser in claim for allegedly negligent advice about feeding to a pedigree closed herd.

...

Defending farm nutrition adviser in a claim

Defending farm nutrition adviser in claim for allegedly negligent advice about feeding to a pedigree closed herd.

A claim for recovery of payments

A claim for recovery of payments made to a Dutch company for waste recycling plant, following the Dutch company’s i...

A claim for recovery of payments

A claim for recovery of payments made to a Dutch company for waste recycling plant, following the Dutch company’s insolvency.

A claim against US events lighting company

A claim against US events lighting company for recovery of fees due to a consultant engaged to assist in acquiring co...

A claim against US events lighting company

A claim against US events lighting company for recovery of fees due to a consultant engaged to assist in acquiring contracts for the Olympic Games at Athens 2004.

A fraud claim against property development company

A fraud claim against property development company arising out of avoidance of sale on contracts for apartments.

A fraud claim against property development company

A fraud claim against property development company arising out of avoidance of sale on contracts for apartments.

A dispute concerning liability of insurers

A dispute concerning liability of insurers under the Third Parties (Rights Against Insurers) Act 1930.

A dispute concerning liability of insurers

A dispute concerning liability of insurers under the Third Parties (Rights Against Insurers) Act 1930.

A dispute under the National House Building Council ‘Buildmark’ scheme

Click to read description

A dispute under the National House Building Council ‘Buildmark’ scheme

A dispute under the National House Building Council ‘Buildmark’ scheme.

A claim for damage to business

A claim for damage to business following disruption of telecommunications’ cables.

A claim for damage to business

A claim for damage to business following disruption of telecommunications’ cables.

A claim for consequential losses and damage

A claim for consequential losses and damage caused by supply of defective cattle feed.

A claim for consequential losses and damage

A claim for consequential losses and damage caused by supply of defective cattle feed.

Advising Scottish Power plc

Advising Scottish Power plc in respect of injunctive proceedings brought by new occupier

Advising Scottish Power plc

Advising Scottish Power plc in respect of injunctive proceedings brought by new occupier

Property Damage
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Siân has considerable experience of commercial claims, particularly claims involving fires and destruction of commercial and residential property (and contents). Alongside her insurance and reinsurance practice, Siân is regularly instructed in insurers’ subrogated claims following fires.

Current and recent cases are included below.

Cases

Advising insurers

On routes for recovery for claim involving failure of cavity barriers in newly built and refurbished building leading...

Advising insurers

On routes for recovery for claim involving failure of cavity barriers in newly built and refurbished building leading to fire spread.

Advising supplier

Of electronic components used in emergency vehicles on claims arising from fire in a vehicle, including negotiating &...

Advising supplier

Of electronic components used in emergency vehicles on claims arising from fire in a vehicle, including negotiating ‘joint defence’ agreement with US manufacturer.

 

Advising insurers

Advising insurers of a management company on investigations, routes of claim and pursuit of subrogation following a g...

Advising insurers

Advising insurers of a management company on investigations, routes of claim and pursuit of subrogation following a gas boiler explosion leading to severe damage to a block of flats in Knightsbridge.

Advising insurers

Advising insurers on a spread of fire claim.

Advising insurers

Advising insurers on a spread of fire claim.

Advising and defending insurers

Advising and defending insurers of a supplier of medical equipment implicated in a residential fire involving depende...

Advising and defending insurers

Advising and defending insurers of a supplier of medical equipment implicated in a residential fire involving dependency claims under the Fatal Accidents Act 1976 and building and contents’ claim, as well as international product liability and warranty claims against the manufacturer.

Advising and defending insurers

Advising and defending insurers under a Contractors’ All Works policy following a fire during refurbishment of a le...

Advising and defending insurers

Advising and defending insurers under a Contractors’ All Works policy following a fire during refurbishment of a leisure club.

Advising two separate arms of the same multi-national insurance company

Click to read description

Advising two separate arms of the same multi-national insurance company

Advising two separate arms of the same multi-national insurance company as to the meaning and operation of design and operator error exclusions following damage of a food waste digester due to process ‘run away’ leading to over pressurisation damage.

Advising a local authority’s insurers

Advising a local authority’s insurers on expert technical evidence obtained following a fire in a garage that impli...

Advising a local authority’s insurers

Advising a local authority’s insurers on expert technical evidence obtained following a fire in a garage that implicated a converted minibus as the cause of the fire, involving claims ‘up the line’ against manufacturers, suppliers and installers of the wheelchair lift fitted to the vehicle.

Advising and defending household insurers

Advising and defending household insurers of residential property adversely affected by run-off of water from adjoini...

Advising and defending household insurers

Advising and defending household insurers of residential property adversely affected by run-off of water from adjoining re-profiled building site, resulting in severe inundation of the property.

Insurance & Reinsurance
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Sian has wide ranging experience of advising and acting for both insurer and insured on claims concerning policy construction and coverage issues. As part of her insurance brokers’ negligence practice Sian is often instructed in claims where the insurer is the co-defendant, following avoidance of a policy.

Sian’s recent cases and experience of claims in this area are included below.

Cases

Advising professional indemnity insurers

Advising professional indemnity insurers on a successful claim for reimbursement under a Minimum Terms policy from an...

Advising professional indemnity insurers

Advising professional indemnity insurers on a successful claim for reimbursement under a Minimum Terms policy from an insured for material non-disclosure and late notification.

Acting for excess layer insurers

Acting for excess layer insurers who successfully avoided cover and a claim under the Third Party (Rights Against Ins...

Acting for excess layer insurers

Acting for excess layer insurers who successfully avoided cover and a claim under the Third Party (Rights Against Insurers) Act 1930 in a multi-million pound multi-party insurance dispute arising from the construction of a supermarket

Advising on proposed wording of policies for public liability

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Advising on proposed wording of policies for public liability

Advising on proposed wording of policies for public liability in public houses and nightclubs, advising on vicarious liability claims.

Advising and acting for insurers

Advising and acting for insurers of domestic and commercial properties on claims raised, accepting and declining cov...

Advising and acting for insurers

Advising and acting for insurers of domestic and commercial properties on claims raised, accepting and declining cover, policy repudiation in public liability, fire, explosion and domestic insurance situations, including subsidence and tree root claims.

Claims concerning legal expenses insurance

Claims concerning legal expenses insurance, conditional fee agreements and success fee uplifts, pursuit policies and ...

Claims concerning legal expenses insurance

Claims concerning legal expenses insurance, conditional fee agreements and success fee uplifts, pursuit policies and premiums and material non-disclosures to insurers leading to insurers accepting cover in respect of undisclosed liabilities.

Acting in a variety of multi-party disputes

Acting in a variety of multi-party disputes concerning film finance insurance (contingent expenses insurance and time...

Acting in a variety of multi-party disputes

Acting in a variety of multi-party disputes concerning film finance insurance (contingent expenses insurance and time variable contingent policies).

Acting in claim for payment

Acting in claim for payment under health cover plan concerning reference to the Insurance Ombudsman.

Acting in claim for payment

Acting in claim for payment under health cover plan concerning reference to the Insurance Ombudsman.

Advising insurers

Advising insurers on a ‘spread of fire’ claim.

Advising insurers

Advising insurers on a ‘spread of fire’ claim.

Advising insured on claim

Advising insured on claim for undersettlement and errors in loss adjustment following a flood claim.

Advising insured on claim

Advising insured on claim for undersettlement and errors in loss adjustment following a flood claim.

Advising professional liability insurers

Advising professional liability insurers on wholesale declinature of cover due to dishonest structural scheme.

Advising professional liability insurers

Advising professional liability insurers on wholesale declinature of cover due to dishonest structural scheme.

Chancery
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Sian has experience of a variety of chancery matters. These include the cases below.

Cases

Advising and acting for Trustees

Advising and acting for the Trustees of the Independent Living Funds (1993 and the Extension Fund), in matters concer...

Advising and acting for Trustees

Advising and acting for the Trustees of the Independent Living Funds (1993 and the Extension Fund), in matters concerning the interpretation of the founding trust deeds, drafting of new trust deed, claims against local authorities and clients for recovery of overpayments.

Pursuing an extended Grepe v Loam order

Pursuing an extended Grepe v Loam order (Ebert v Venvil) to restrain a persistent litigant-in-person from i...

Pursuing an extended Grepe v Loam order

Pursuing an extended Grepe v Loam order (Ebert v Venvil) to restrain a persistent litigant-in-person from issuing further proceedings out of High Court, County Court, Bankruptcy Court, including defending defamation claims.

Acting for mortgagees on enforcement of mortgages

Acting for mortgagees on enforcement of mortgages.

Acting for mortgagees on enforcement of mortgages

Acting for mortgagees on enforcement of mortgages.

Application for committal to prison for contempt.

Application for committal to prison for contempt.

Application for committal to prison for contempt.

Application for committal to prison for contempt.

Acting in landlord and tenant claims

Acting in landlord and tenant claims (both residential and commercial).

Acting in landlord and tenant claims

Acting in landlord and tenant claims (both residential and commercial).

Qualifications & Memberships

Siân is a member of the Professional Negligence Bar Association,the Society of Construction Law, COMBAR, TECBAR, the Chancery Bar Association and the London Common Law & Commercial Bar Association. She is a Committee Member of the Technology and Construction Court Bar Association (TECBAR).

Education

M.A. Vet M.B. (Cantab.) Dip. Law (City)

Publications

VAT registration number: 719061050