Members of chambers regularly act for companies, individuals and their respective insurers in relation to claims arising out of damage to property caused by fire, flood, explosion, storm, impact, subsidence, heave or water penetration. We act for insurers in subrogated recovery claims, and for defendants (and their insurers) in defending claims and/or passing liability on to other parties. Many of us were involved in the litigation arising out of the Buncefield explosion.
Members are experts in the issues of negligence, nuisance, Rylands v Fletcher, ignis suus and vicarious liability which typically need to be considered and applied in property damage claims.
The combination of specialisms found at 4 New Square makes us perfectly suited to property damage work. The claims commonly raise insurance questions, they frequently occur in the construction or product liability context, and they often involve claims against construction and other professionals. We have expertise in each of the fields of insurance, construction, product liability and professional liability.
Property damage claims typically require the involvement of expert witnesses in relation to liability (forensic scientists like Burgoynes and Hawkins, as well as experts on the standards to be expected of professionals and contractors). The claims also usually require the involvement of experts to deal with quantum (forensic accountants to assess financial losses, quantity surveyors and valuers to assess the cause and extent of property damage losses). Our leading expertise in the field of professional liability means that we are experienced in managing teams of experts, understanding and presenting the evidence of those experts, and undermining the evidence the opposing sides experts through skilled cross-examination.
Members of chambers are recommended in Chambers & Partners in the field of Property Damage.