Siân Mirchandani QC

“She is tremendously bright, has a tenacious eye for detail, and brings a new level of strategic thinking to the table.” Legal 500, 2019

“She is very competent and thorough and hits the right points in the right places.” “Extremely responsive wherever she is and whatever the time zone. She has a very reassuring demeanour that instils confidence all round.” Chambers & Partners, 2019

““Siân Mirchandani QC is recognised for her superb professional negligence practice.” Who’s Who Legal, 2019

Siân has considerable experience of claims involving professionals of all types. With her 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 with instructions from a wide range of construction professionals including: architects, structural engineers, civil engineers, building surveyors, approved inspectors and project managers.

Siân has become known for adopting a commercial and problem solving approach which has led to instructions from employers, 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 a number of high value claims against major firms of valuers in cases involving commercial properties packaged as ‘tax efficient’ investments in Germany, Denmark and the UK via securitisation transactions. These cases involved valuations using yields and estimates of rental income for hotels (K/S Lincoln et al v CBRE Richard Ellis); factory outlet centres (Capita Alternative Fund Services & Matrix Securities v Drivers Jonas); a large multi-use warehouse and department store in Germany (Titan Europe 2006-3 Plc v Colliers International UK Plc); a group of commercial buildings in London (Whitetower 2006-3 Plc v Colliers International UK Plc); a group of four substantial office buildings near the Tower of London (LRC Holdings v BNP Paribas).

Siân is regularly instructed on behalf of barristers and solicitors being sued by former clients who value her thorough and quick forensic analysis, followed by clear strategies to bring the claims to an early resolution. Recently Siân has pursued successful applications to strike out secondary litigation on the grounds of collateral attack on a prior court’s decision (Ahmed v Clive D Wood; Allsop v A Barrister). Siân is currently defending the conveyancing solicitors who acted on a development of a nursing home, where clients ‘bought’ an interest in individual care suites; and is also defending the conveyancing solicitors who acted for purchasers of ‘off plan’ holiday homes in Cape Verde. Both cases involve groups of claimants bringing tens of claims.

Siân has wide ranging experience of acting on claims for and against accounting professionals for failure to advise on appropriate tax strategies. One recent case involves the accountant’s failure to advise a commercial waste business to apply for Research & Development allowances against tax.

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, e-disclosure, or claims involving large numbers of sub-claims and group actions.

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.

“Well organised, with a good understanding of clinical issues in cases.” – Legal 500, 2019

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

“An excellent advocate – tenacious and extremely detailed, identifying potential problems and arguments even before they arise.” – Legal 500, 2019

“Proactive, helpful” and “someone who prepares the case very well.” – Chambers & Partners, 2019

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:

• Acting for the 80 plus Claimant flat owners in a London tower block against the developer and contractor for losses due to a cladding installation which did not have fire retardant properties, in breach of the building regulations, and the Defective Premises Act 1972
• Advising employer on early termination of long term maintenance contracts
• Defending contractor’s claim against specialist screed flooring sub-contractor relating to design responsibility issues for floor installed in a care home.
• Defending Employer’s claim against contractor for design defects relating to glass façade and M&E installation at a tertiary education college.
• 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

Residential

• Considerable experience of residential construction disputes advising and acting for employers, architects, contractors and sub-contractors involving:
  • Failures to advise on guarantees and certificates on a recently refurbished building
  • 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:
  • Defending civil engineers facing claim for failure to detect a live drain across a housing estate construction site.
  • Defended a claim by a developer against the employer’s agent for calculation errors in certificates
  • 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 claims down chains of adjudications following total destruction of a bespoke wooden building by fire
  • 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 in a supermarket building
  • Claim by interior fitting out sub-contractor against contractor based overseas

Insolvency context:

• Advising insurers of insolvent main contractor on joinder to the construction dispute to pursue an active defence whilst reserving insurers’ defences under the insurance policy.
• 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 large contractor on pursuit of claims under the Third Party (Rights Against Insurers) Act 1930, against a concrete subcontractor (for defective slipform design, delay and expense) following sub-contractor’s insolvency
• Acting for insurers facing claim under 1930 Act following explosion and fire at 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:

• Advising insurers on a claim due to knotweed contamination of a construction site by a ground clearance contractor
• Employer’s claim against planning and design architect for failure to advise adequately on budget for a ‘Grand Design’ type conversion of a dis-used water tower.
• 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 of recovery following failure to install fire stopping and cavity barriers in a newly refurbished aparthotel development
• 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.

Cases

Siân undertakes a wide range of commercial work, including general and international commercial litigation, personal and corporate insolvency, commercial contractual claims. Siân has experience of pursuing freezing injunctions and pre-action disclosure applications.

Siân recently defended a software developer and two companies against claims of alleged overcharging, fraudulent misrepresentation and deceit, procuring or inducing a breach of contract and conspiracy to injure by unlawful means.

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

Cases

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

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

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

Cases