Siân Mirchandani

Call: 1997

+442078222000

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s.mirchandani@4newsquare.com

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CLERK: Dennis Peck

+442078222040

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+447912405149

Since joining in 1998 following pupillage in Chambers and an earlier career as a veterinary surgeon, Siân Mirchandani 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.

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

Recognised as a Leading Junior by the directories for Construction, Professional Negligence and Disciplinary, Siân is described as “an excellent advocate – tenacious and extremely detailed, identifying potential problems and arguments even before they arise”, “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”, “proactive, helpful” and “someone who prepares the case very well” (Chambers & Partners, 2019).

Previous directory editions have praised Siân for being “well prepared, detailed, thorough and user-friendly. My default senior junior”, “a very effective, hard-working practitioner with an eye for detail and the ability to present a highly persuasive argument” (Chambers & Partners, 2018). “She really gets into the detail and owns a case” (Legal 500, 2017). 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). “She can cut through the complex very quickly” (Legal 500, 2016). 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). “Very bright, robust, dedicated and thorough” (Legal 500, 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, receivers, 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 and building inspectors), 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.

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Professional Liability

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“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 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

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

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

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

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

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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“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

Construction & Engineering

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“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:

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.
Advising on a claim against a group of design & build contractors for cladding installations to public housing blocks following the Grenfell fire.
Claims arising from the sudden and catastrophic detachment of cladding panels from university and other buildings where installation design had been amended on site
Numerous claims involving glass unit or panel installations (manufactured units, curtain wall & feature glass) with issues over suitability for location, fitness for purpose, design & workmanship defects.
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 refurbishment 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.
Public authority 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 defects 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 failures on planning

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 late design leading to alleged loss of later contracts for construction and refurbishment of tertiary education buildings
- Multiple 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 combined 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

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

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

Chancery

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

Cases

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)