Pippa Manby

Pippa’s commercial practice is broad and includes cases across a range of disputes in the United Kingdom and internationally.  She has experience of cases involving the supply of goods and services, banking and finance, breach of warranty SPA claims, company law, guarantees, insurance and insolvency and bankruptcy.  She has experience of obtaining injunctions and freezing injunctions.

Recent examples of her work include:

• Acting (led by Graham Chapman QC) for the successful applicant for a worldwide freezing injunction to secure a judgment debt.
• Acting and advising in various cases relating to claims relating to breaches of warranties in SPAs.  Pippa has particular experience of cases involving breaches of financial and/or tax warranties.
• Advising on choice of law and jurisdiction in relation to a substantial claim relating to a failed golf resort development.
• Acting in a claim arising from the termination of a contract for wholesale office supplies.
• Advising and acting in various claims relating to enforcement of guarantees.
• Acting for a major online retailer in relation to proceedings brought against it for alleged breaches of its terms of use.
• Various instructions in the Companies Court relating to share capital reductions.

Pippa has substantial experience of acting in construction and engineering disputes both on her own and as part of a team.  She has dealt with claims against or involving various different construction professionals including architects and engineers.  Pippa has been instructed in various disputes which have proceeded by way of adjudication.

Recent examples of her work include:

• Acting (led by Neil Hext QC) in a multi-party dispute relating to failed air-conditioning units in a London commercial property.  The matter settled shortly before trial.
• Various instructions in matters which have proceeded by way of adjudiction.  Pippa is comfortable working as part of a team during the intensive time period of an adjudication.
• Acting (led by Roger Stewart QC) in a substantial dispute against a building contractor relating to curtain walling.
• Various instructions relating to installation and constructions of solar panels and feed-in tariff issues.
• Various instructions in relation to hydro-power installations.  These have raised tricky issues regarding claims against sub-contractors based outside of England & Wales.
• Acting on behalf of a defendant architect in relation to a claim for failing to obtain planning permission and/or advise of the risks of proceeding without planning permission in relation to a high-value residential property development in London.

“Confident on her feet with a strong grasp of detail.” – Legal 500, 2019

“A rising star, who achieves good results against more experienced opponents.” – Legal 500, 2018

Costs forms a substantial part of Pippa’s practice.  Pippa is regularly instructed in both inter-parties and solicitor-client disputes covering the full range of costs matters.  She appears regularly in costs matters in the County Courts, Senior Courts Costs Office and High Court and has appeared before the Supreme Court’s costs officers.  She frequently appears against silks.

Pippa has experience of cases concerning:

• enforceability of CFAs
• reasonableness and recoverability of ATE premiums
• wasted costs applications
• recoverability of fees when a client has instructed more than one firm of solicitors
• costs budgeting
• costs in the RTA Portal
• setting aside default costs certificates
• applications for assessments under section 70 of the Solicitors Act 1974
• appeals against judicial exercise of discretion in respect of costs
• Part 36
• costs orders on discontinuance
• solicitors’ liens
• public funding
• disallowance of costs on the grounds of misconduct / delay
• provisional assessments and challenges to the same
• solicitors’ failure to provide necessary costs information / inadequate retainer letters
• costs orders for and against non-parties
• litigation funding

Recent examples of her work include:

• Appearing as sole counsel against two QCs in a 14-day appeal relating to a solicitor and/or costs draftsmen’s misconduct in costs proceedings.  The matter has subsequently been appealed to the Court of Appeal.
• Acting (led by Dan Saoul) in a detailed assessment of a £16m bill of costs arising from a large intellectual property dispute.  The assessment was listed for 6 weeks but settled shortly before commencement.
• Woodburn v Thomas [2017] EWHC B16 (Costs) – a case in which Master McCloud gave guidance on the relationship of costs budgeting in Precedent H and the subsequent Bill of Costs.
• Regular instructions to act in multi-day substantial detailed assessments often following from well-known reported decisions.
• Successfully appearing on behalf of the respondent to two appeals in relation to the application of Part 36.

Pippa is regularly instructed to provide advice on and to act in insurance matters.  She has experience of claims involving:

• material non-disclosure and misrepresentation;
• incorporation and construction of terms;
• notification;
• waiver;
• aggregation;
• allocation of liability between insurers;
• fraudulent claims;
• minimum terms for indemnity insurance for various professional bodies.

Pippa accepts instructions in disputes proceeding by way of arbitration.

Pippa has been instructed as part of a large team in an LCIA arbitration concerning a £800m contract for the design, development, testing and support of a complex IT system.

She has also been instructed in a commercial dispute relating to media rights in the European Court of Arbitration.

‘She is technically sound with a very commercial approach to legal issues and solutions.’ – Legal 500, 2019

‘Gaining a strong reputation in the professional negligence sphere’ – Chambers & Partners, 2019

Professional liability forms a substantial part of Pippa’s practice and she is recognised by both Chambers & Partners and Legal 500 as a leading junior in this area.  Pippa has advised and acted for claimants and defendants in professional liability actions involving solicitors, barristers, accountants / auditors, IFAs, surveyors, insurance brokers, construction professionals and other professionals.

During pupillage Pippa assisted with the preparation of the Respondent’s case for the appeal to the Supreme Court in Jones v Kaney [2011] UKSC 13 (the case which abolished expert witness immunity from suit).

Pippa has varied experience of property damage claims both in terms of recovery actions and in actions against letting agents said to be responsible for permitting such damage.  She has experience of private and public nuisance and Rylands v Fletcher claims.  Recent examples of her work include:

• various claims relating to Japanese knotweed;
• acting for a manufacturer of large oil tanks in a claim relating to a defective product alleged to have caused severe damage to a residential care home;
• acting for a landlord in a claim relating to fire damage caused by a neighbouring property;
• acting for a landlord in a claim relating to negligent servicing of a boiler which caused an oil leak;
• acting for homeowners in a nuisance / negligence claim relating to subsidence allegedly caused by an oak tree in their garden;
• acting for a homeowner in a claim against a major utilities company relating to a flood caused by negligent repairs carried out by their emergency team;
• acting for a homeowner and her insurer in relation to a flood claim brought against both a building company and vendor of bathroom goods which settled shortly prior to trial;
• acting in a claim for damage and business interruption losses on behalf of a business whose showroom was burned to the ground by an escape of hot embers from a garden fire;
• acting for a homeowner and their insurer in a claim relating to the negligent installation of a new water pump which caused a major flood in the property.  The claim included losses relating to lost rent from prospective tenants;
• acting for a farmer and his insurer claiming for significant damage to their farm as a result of a fire caused by an incinerator located on a neighbouring property;
• defending a letting agent alleged to have negligently vetted tenants who converted a commercial property into a marijuana factory;
• defending a letting agent alleged by the home-owners to have wrongly permitted tenants to keep pets in a property resulting in considerable animal damage to the property.  The matter proceeded to a two-day trial, with more than 10 witnesses for the claimant home-owners where it was successfully defended.

“A creative thinker with a good analytical mind, she is fast, decisive and insightful.” – Legal 500, 2019

“Efficient at understanding the brief – she has no weaknesses.” – Legal 500, 2018

Recognised as a Leading Sports Junior by Legal 500, Pippa has a sizeable sports law practice which includes acting for athletes, coaches and governing bodies.  She has experience of cases across the sports law spectrum, including matters involving selection, doping, funding, disciplinary, governance and contracts.  Her experience includes advising on and representing parties in contentious matters that proceed to hearings.  In addition, she has experience of advising on non-contentious issues and of drafting in a sports law context.

Examples of her work include:

• Acting (led by Dan Saoul) in UKAD v Buttifant, a case which raised issues regarding intention and contamination.
• Acting for a tennis player charged by the ITF with refusing or failing to provide a sample.
• Acting in an FA Rule K arbitration for a respondent football club.
• Acting in a claim arising from breaches of a host and promoter agreement relating to an international motor racing event.
• Acting in a claim relating to the funding of a series of friendly matches involving a national football team.
• Advising England Boxing on various legal issues, including challenges by boxers to bout results, selection disputes, trade mark infringement and membership. Pippa recently represented England Boxing at a full-day disciplinary tribunal hearing.
• Acting (led by Dan Saoul) for a Welsh rugby player charged with an anti-doping offence. The case required detailed consideration of the factual and expert scientific expert and challenged the approach taken in various previous authorities to the interpretation of the 2015 WADA Code rules in relation to cheating.
• Assisting and advising (with Dan Saoul) in respect of an athlete’s challenge to the refusal by Glasgow 2014 and the Home Office to allow the athlete to compete at the Commonwealth Games 2014 on the basis of a criminal conviction.
• Advising the British Wrestling Association on various legal matters, including selection policies, its constitution and various governance issues, its Betting and Wagering Policy and on disputes regarding funding and rental relief.
• Acting on behalf of a senior sports coach challenging a National Governing Body’s refusal to grant her the highest coaching certificate. This proceeded to a full-day hearing in front of an ad hoc tribunal panel. As part of its ruling, various National Governing Bodies have been required to re-write their appeals process for the top level coaching certificate.
• Acting for athletes accused of doping offences and seeking to challenge their bans. Pippa has experience of acting for athletes charged under the 2009 and 2015 WADA Codes.

Pippa is willing to consider instructions on a pro bono basis where appropriate.