Stephen Innes has established a busy commercial practice. He is recommended as a leading junior for professional liability and costs work.

Recommendations

He throws everything at a case…He is very diligent and thorough, but at the same time practical” – Chambers & Partners (2018 – Professional Liability).

Stephen Innes is described in the Legal 500 as ‘A dynamic thinker, who is extremely approachable and superbly knowledgeable.’ (2017 – Costs); ‘Extremely proficient.’ (2017 – Professional Liability); ‘A very valuable team member, who inspires real confidence‘ (2016 – Costs); ‘Approachable and a pleasure to work with; he provides clear, thorough advice and is great in conference with clients‘ (2016 – Professional liability) ; ‘highly reliable, and able to assimilate large quantities of documents and distil the key points’ and ‘extremely good on paper and very user friendly‘ (2015 – Professional Liability).

Stephen is regarded as being personable and easy to work with. He always strives to provide sound practical advice and to focus on a strategic approach to litigation.

Practice overview

Stephen’s practice is in commercial dispute resolution, with his main areas of specialism being professional liability, costs, professional discipline/regulatory and property damage. Experience of particular types of litigation, such in employment, personal injury, insurance, consumer credit and chancery, proves invaluable in the context of professional liability and costs work.

A key area of expertise, on which Stephen lectures with Ben Patten QC, is property fraud claims against solicitors, involving in particular cyber and “Friday afternoon” fraud.

Stephen is a member of the Executive Committee of the Professional Negligence Bar Association and a member of the London Common Law & Commercial Bar Association. Stephen is the Chairman of the Gray’s Inn Barristers’ Committee and a member of the Gray’s Inn Management Committee. Stephen is a member of the Wellbeing at the Bar Working Group.

Mediation

Stephen Innes is an accredited mediator and conducts mediations in his specialist areas of professional liability and costs.

Direct Access

Stephen Innes accepts clients under the Bar’s direct access scheme, and further details can be found on his direct access website verycivilbarrister.co.uk

Stephen specialises in helping direct access clients in dispute with their former solicitors, whether in disputing costs or in investigating potential claims of professional negligence.

Stephen has published a short guide “3 Common mistakes made by clients in challenging solicitors’ fees“.

To request a FREE copy, please click here.

CFAs

In appropriate cases, Stephen Innes accepts instructions under Conditional Fee Agreements.

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Areas of Expertise

Professional Liability

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He throws everything at a case but remains fair. He is very diligent and thorough, but at the same time practical. He listens and explains things, and his skills as a qualified mediator feed into his negotiations.”  Chambers & Partners, 2018: Professional Liability

Extremely proficient.’  Legal 500, 2017: Professional Liability

Approachable and a pleasure to work with; he provides clear, thorough advice and is great in conference with clients.’– Legal 500, 2016: Professional Liability

Stephen is recommended as a leading junior in professional negligence in Chambers & Partners and the Legal 500.

Stephen has equal experience of acting for defendants and for claimants. Tactical thinking is crucial and Stephen is acutely aware of the commercial imperatives of defendants and their insurers, and of the pressures facing claimants.

Stephen’s experience of litigation in a number of diverse fields such as employment, personal injury and clinical negligence, Inheritance Act claims, insurance and costs all assists him in dealing with related professional negligence claims.

As well as the more mainstream categories of professional, Stephen has been involved in defending a number of more unusual claims such as against LPA receivers, professional trustees, mortgage packagers and swimming pond installers.

Cases

Harding v BMA

Stephen is defending a “lost litigation” claim against the BMA by a consultant psychiatrist, concerning i...

[2017] EWHC 5 (QB), LTL 13/1/2017
[2017] EWHC 5 (QB), LTL 13/1/2017
Harding v BMA

Stephen is defending a “lost litigation” claim against the BMA by a consultant psychiatrist, concerning issues of “whistleblowing” in the NHS. Several parts of the claim were struck out on grounds of limitation and in relation to duty of care.

defending a wasted costs application

Stephen was successful in defending a senior criminal silk in a wasted costs application following the failure of a p...

2017
2017
defending a wasted costs application

Stephen was successful in defending a senior criminal silk in a wasted costs application following the failure of a private prosecution. Issues of proportionality and privilege were central to the defence of the application.

Frank Warren v Hill Dickinson

Stephen was successful on the High Court appeal in this case concerning legal advice privilege, and specifically whet...

2017 QBD, Warby J
2017 QBD, Warby J
Frank Warren v Hill Dickinson

Stephen was successful on the High Court appeal in this case concerning legal advice privilege, and specifically whether a firm of solicitors was required to disclose to a  former client general advice which it had received from counsel as to assignment of CFAs. Warby J, sitting with Master Rowley as an assessor, accepted that the documents did not meet the test of relevance for specific disclosure and that the solicitors were entitled to maintain a claim of privilege against a former client with whom they had been in a fiduciary relationship.

Lawyers

Stephen has been involved in all stages of litigation, acting both for claimants and for solicitor and barrister defendants. Stephen is often involved at the early stages of a claim, drafting correspondence under the professional negligence pre-action protocol and advising on strategy and the merits of a claim. He has considerable experience in successfully striking out claims and applying for summary judgment.

Types of case commonly dealt with include: lost litigation and negligent conduct of litigation;  negligent conveyancing; defective drafting of wills and trust deeds; incorrect administration of estates; failure to advise on liability under various documentation such as loan agreements, guarantees, mortgages or leases. Recently Stephen has been instructed in large claims relating to legal expenses insurance.

In lost litigation claims Stephen benefits from considerable first-hand experience of underlying commercial litigation, in particular in personal injury, employment and Inheritance Act claims. Through property-related professional liability claims, he has often been involved in related proceedings, such as claims for rectification, applications to the Land Registry Adjudicator, claims for specific performance and claims against vendors for misrepresentation.

Stephen has considerable experience of successfully defending wasted costs applications against solicitors, often where the solicitors have been hampered by legal professional privilege.

Stephen has very substantial experience of mortgage-related work and is frequently involved in claims alleging fraud or breach of trust and fiduciary duties. Recent work in this field includes:

  • Pulvers v Chan [2008] PNLR 9: acting for solicitors claiming against parties involved in split title mortgage frauds including mortgage brokers, a conveyancer and mortgage borrowers; the claims were successful brought at trial and in some cases by summary judgment applications;
  • the Dunlop Haywards litigation: Stephen acted for a firm of solicitors caught up in a lender’s claim following a fraudulent over valuation of commercial property; this involved defending a claim by the lender, and bringing proceedings against another parties, alleging dishonesty and breach of undertaking;
  • acting for solicitors in litigation arising from Morris Properties transactions in Leeds;
  • numerous claims for and against solicitors involving allegations of failing to disclose incentives, and misapplication of trust monies;
  • defending high value claims by purchasers of securitised loan books;
  • successfully arguing a preliminary issue in relation to a breach of trust claim and the effect of SAAMCo in a claim against a solicitor (Brokerhouse v OJS [2011] PNLR 23);
  • A number of claims where solicitors who drafted testamentary documents have been caught up in disputed probate disputes (such as in Greaves v Stolkin [2013] WTLR 1793).

Cases

personal injury lost litigation claim

Stephen is acting for a claimant bringing proceedings against solicitors and a barrister, alleging failure to advance...

2017
2017
personal injury lost litigation claim

Stephen is acting for a claimant bringing proceedings against solicitors and a barrister, alleging failure to advance his high value claim against his former employer for causing an injury which developed into fibromyalgia. Stephen has acted in a number of claims concerning this and similar medical conditions.

Brokerhouse v OJS Law

Stephen acted for a solicitor at a preliminary issues hearing. Lewison J determined in favour of the solicitors that ...

[2010] EWHC 3816 (Ch)
[2010] EWHC 3816 (Ch)
Brokerhouse v OJS Law

Stephen acted for a solicitor at a preliminary issues hearing. Lewison J determined in favour of the solicitors that the loss claimed by the lender did not fall within the scope of the solicitor’s duty and that a claim for breach of trust failed

Greaves v Stolkin

This case concerns a challenge to a disputed will on grounds of lack of capacity. The decision in the main probate ac...

[2013] WTLR 1793
[2013] WTLR 1793
Greaves v Stolkin

This case concerns a challenge to a disputed will on grounds of lack of capacity. The decision in the main probate action was given by Newey J. Stephen acts for solicitors facing Part 20 claims by both sides of the probate dispute, which raise allegations including failure to follow “the golden rule”.

Surveyors & Valuers

Stephen has experience of a number of claims against surveyors and valuers and his considerable experience in acting for lenders in mortgage-related work proves useful in claims against surveyors said to have provided negligent mortgage valuations. He has been involved in several successful applications for summary judgment. Recent work in claims against surveyors/valuers includes:

  • acting for lenders in numerous claims against valuers alleging negligence; concerning properties ranging from residential properties to commercial properties and development sites;
  • acting for solicitors facing claims by lenders and seeking contribution from valuers;
  • bringing claims against surveyors who negotiated leases for sites used by mobile telephone service providers;
  • the Dunlop Haywards litigation: Stephen acted for a firm of solicitors caught up in a lender’s claim following a fraudulent over-valuation of commercial property;
  • claims by house purchasers who have discovered faults with their property that a surveyor ought to have discovered and warned them about.

Cases

Toombs v Bridging Loans Limited

Stephen acted for the valuer in successfully striking out a claim by a lender on grounds of limitation. On appeal, HH...

[2014] EWHC LTL
[2014] EWHC LTL
Toombs v Bridging Loans Limited

Stephen acted for the valuer in successfully striking out a claim by a lender on grounds of limitation. On appeal, HHJ Seymour QC considered the issues of when loss was suffered, by reference to the value of the borrower’s covenant, and the application of section 14A of the Limitation Act 1980.

Dudley Building Society litigation

Stephen acted for the Building Society in a large piece of litigation against an individual valuer who was alleged to...

2014
2014
Dudley Building Society litigation

Stephen acted for the Building Society in a large piece of litigation against an individual valuer who was alleged to have overvalued a large number of residential properties which the Building Society had taken as security for mortgages. The case raised issues of the accrual of the limitation period and of quantifying loss where mortgage securities had been overvalued but borrowers had not defaulted on their mortgages.

AREO Sarl v JLL

Stephen acted (with Ben Hubble QC) in a claim by a Luxembourg investment fund against a valuer alleged to have overva...

2015-16
2015-16
AREO Sarl v JLL

Stephen acted (with Ben Hubble QC) in a claim by a Luxembourg investment fund against a valuer alleged to have overvalued a substantial commercial development site in Ipswich. An important issue in the case was whether the valuer was in breach of contractual obligations which imposed strict liability rather requirements to act with reasonable care and skill.

Accountants, Auditors & Actuaries

Stephen has been involved in numerous claims against accountants. Recent examples include:

  • claims arising out of film finance partnerships;
  • negligent advice about EIS schemes;
  • failure properly to incorporate and run businesses in different jurisdictions;
  • failure to prepare tax returns correctly or on time;
  • incorrect treatment of matters such as disposal of land, directors’ loans;
  • claims involving businesses such as estate agency firms, plant nurseries and caravan park.

Cases

auditor’s liability

Stephen defended a firm of auditors in a claim pleaded at over £3m. A clothing retailer alleged that the auditors we...

2017
2017
auditor’s liability

Stephen defended a firm of auditors in a claim pleaded at over £3m. A clothing retailer alleged that the auditors were negligent in failing to highlight problems with the valuation of stock purchased in different currencies.

defending a claim against an accountant/tax adviser

Stephen acted for an adviser being sued by a company hosting golf competitions, which alleged that it had received ne...

2017
2017
defending a claim against an accountant/tax adviser

Stephen acted for an adviser being sued by a company hosting golf competitions, which alleged that it had received negligent advice as to the VAT treatment of competition entry fees and as to the structuring of the company. Detailed work on expert evidence enabled the value of the claim to be rigorously challenged.

Insurance Brokers & Agents

Stephen spent his first 18 months in practice involved in a substantial piece of film finance litigation involving claims by insurers against the insurance brokers. Since then he has acted in a number of claims for and against insurance brokers, often involving allegations that a broker has failed to draw policy provisions to the attention of the insured or failed to notify a claim to insurers. Examples of cases in which Stephen has recently acted:

  • cases involving critical illness policies where there has been non-disclosure of existing conditions or previous treatment;
  • a claim relating to the non-appearance of an opera singer;
  • claims involving brokers of motor insurance policies;
  • a claim against brokers for failure to notify public and professional liability insurers of claims following the installation of a municipal water feature;
  • claims following fires at warehouses and factories.
Financial Services Professionals

Stephen has acted in a number of claims arising out of investment advice and mis-selling of financial products. Examples include:

  • A claim by a family trust alleging mis-management of its investment portfolio;
  • A claim against pension advisers in relation to advice to withdraw from a company pension scheme;
  • A claim relating to management of a pension scheme;
  • Claims involving allegations of mis-selling of mortgage and insurance related products;
  • A claim relating to the investment of a large personal injury claim settlement.

Cases

Pulvers v Chan

Stephen acted for the insurers of a firm of solicitors in successfully recovering substantial sums from a mortgage br...

[2008] PNLR 9
[2008] PNLR 9
Pulvers v Chan

Stephen acted for the insurers of a firm of solicitors in successfully recovering substantial sums from a mortgage broker, former employee, clients and property professionals involved in a number of frauds against mortgage lenders. The frauds had involved splitting the titles to properties so that a number of mortgages could be secured against the same property.

mis-investment of a patient’s damages

Stephen acted for a trustee who, together with an IFA, was the subject of a large and harrowing claim by a patient as...

2015-16
2015-16
mis-investment of a patient’s damages

Stephen acted for a trustee who, together with an IFA, was the subject of a large and harrowing claim by a patient as a result of the alleged mis-investment of the monies awarded to him in damages following an accident. Particular allegations related to the diversification of the investment portfolio and the responsibility for funds which went into administration

company pension scheme

Stephen acted for the directors of a company pension scheme in a claim against independent financial advisers. The IF...

2013-15
2013-15
company pension scheme

Stephen acted for the directors of a company pension scheme in a claim against independent financial advisers. The IFAs had advised that funds be withdrawn from the company pension scheme and placed in investments which performed poorly. A central part of the case involved quantifying loss by identifying how funds would otherwise have performed.

Costs

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‘A dynamic thinker, who is extremely approachable and superbly knowledgeable.’ – Legal 500, 2017: Leading Costs Junior

Over the last few years Stephen has established a thriving practice in costs related work. Stephen regularly appears in the SCCO and in costs cases in other courts. His experience of numerous detailed assessment hearings is proving invaluable in relation to costs management hearings.

Stephen has considerable experience of successfully defending wasted costs applications against solicitors and barristers and in dealing with applications for security for costs and third party costs orders in large commercial cases.

Stephen has contributed to the Lexis Nexis Practice Notes on costs and on Relief from Sanctions. He recently spoke at the London ACL Conference and the Liverpool Law Society Costs Conference. He has lectured extensively and had a number of articles published on topics such as hourly rates, costs budgeting, relief from sanctions, Part 36 and third party costs orders.

Recent experience includes:

  • (with Patrick Lawrence QC) a large claim arising out of litigation funding for claims of industrial noise-induced hearing loss; this involved issues such as payment of alleged referral fees and the proper treatment of disbursements;
  • a challenge to a solicitor’s contentious business agreement;
  • an application to set aside a default costs certificate following a default judgment;
  • (with Nick Bacon QC) acting in relation to security for costs in substantial commercial court proceedings;
  • an application for an extension of time to commence detailed assessment proceedings in relation to a multi-million pound personal injury claim;
  • defending an application for a non-party costs order against a solicitor following the conclusion of a large personal injury claim;
  • a dispute over the recoverability of ATE insurance premiums in a group action brought by hundreds of holidaymakers;
  • numerous detailed assessment hearings and oral hearings following provisional assessments;
  • a successful argument over the level of fixed costs recoverable under the RTA Protocol where the court has dispensed with allocation;
  • Applications for detailed assessment by clients and third parties;
  • Turner v Palomo common law assessments of costs;
  • A number of hearings on the application of the fixed costs regime for low value personal injury claim;
  • Costs and case management hearings in large personal injury and clinical negligence claims;
  • (with Nick Bacon QC) advising on an application for a non-party costs order;
  • appearing in one of the leading cases on CFA funding switches (in which permission to appeal was obtained).

Stephen is an accredited mediator and a member of the specialist panel of mediators with CADR: for more information, see www.costs-adr.com.

Cases

Kai Surrey v Barnet & Chase Farm Hospitals Trust

Stephen acted for the claimant in a detailed assessment which raised preliminary issues including in particular the r...

[2015] EWHC B16 (Costs)
[2015] EWHC B16 (Costs)
Kai Surrey v Barnet & Chase Farm Hospitals Trust

Stephen acted for the claimant in a detailed assessment which raised preliminary issues including in particular the reasonableness of the claimant switching funding from legal aid to a “CFA lite”. This case is also one of the most important authorities in relation to the quantum of ATE premiums.

resisting a security for costs application

Stephen acted (with Nick Bacon QC) for commercial litigation funders facing an application for security for costs in ...

2017
2017
resisting a security for costs application

Stephen acted (with Nick Bacon QC) for commercial litigation funders facing an application for security for costs in excess of £10 million under the comparatively new jurisdiction in CPR 25.18. The application raised highly topical issues of the extent to which ATE insurance and the level of the “Arkin cap” can be taken into consideration.

solicitor-client assessment of costs

Stephen acted for a leading family solicitor in successfully defending a challenge by a former client to costs of app...

2017, SCCO Master Simmonds
2017, SCCO Master Simmonds
solicitor-client assessment of costs

Stephen acted for a leading family solicitor in successfully defending a challenge by a former client to costs of approximately £1 million. The challenge centred around what were said to have been unusual charging structures and costs estimates which were said to have been exceeded without good reason.

Disciplinary

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Stephen is regularly instructed in disciplinary cases, in which he draws on his considerable experience in the professional liability field. Stephen’s main fields of expertise relate to claims against solicitors and accountants/auditors.

Stephen is very aware of the costs constraints which may affect professionals facing disciplinary investigations or proceedings, and is able to accept instructions from professionals under the Bar’s Direct Access Scheme.

Cases

disciplinary investigation by ICAEW

Stephen is advising and acting  for an accountant/auditor facing a potential professional conduct investigation by t...

disciplinary investigation by ICAEW

Stephen is advising and acting  for an accountant/auditor facing a potential professional conduct investigation by the ICAEW which follows a large professional negligence claim against the accountantcy firm.

regulatory investigation into solicitors by SRA

Stephen advised and acted acted for solicitors facing a regulatory investigation by the SRA concerning the conduct of...

regulatory investigation into solicitors by SRA

Stephen advised and acted acted for solicitors facing a regulatory investigation by the SRA concerning the conduct of a group action by British investors in relation to property developments in Cyprus.

legal ombudsman complaint

Stephen acts for and advises a solicitor’s former client subject to court proceedings for unpaid fees following...

2017
2017
legal ombudsman complaint

Stephen acts for and advises a solicitor’s former client subject to court proceedings for unpaid fees following unsuccessful litigation, but bringing a complaint to the Legal Ombudsman concerning failure to provide adequate costs information.

Commercial Dispute Resolution

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Stephen regularly appears in the county courts and in the commercial and other divisions of the High Court, as well as being instructed to attend mediations and other settlement meetings.

Stephen has considerable experience in mortgage related claims, including numerous appeals in the County Court and High Court. Instructed in a number of claims involving mortgage frauds. Stephen was involved in the leading recent cases on duties owed by mortgagees selling properties to connected parties:

  • Mortgage Express v Mardner, Times 2 May 2005 (at first instance);
  • Bradford & Bingley v Ross [2004] EWCA Civ 1859 (in the Court of Appeal and at the successful re-trial).

Stephen was recently successful in defending a finance company in a claim alleging sale at an undervalue of mixed residential/retail premises: Aodhcon v Bridgeco [2014] EWHC 535 (Ch).

Examples of general commercial litigation experience include claims concerning consumer credit agreements and accident car hire, recruitment and estate agents’ commission, landlord and tenant disputes, franchise agreements, nuisance and product liability, subrogated claims by property insurers.

Stephen has a particular interest in claims in bailment and conversion of goods, having acted in a number of claims and appeals concerning the assertion of liens over vehicles.

Stephen has considerable experience of all stages of personal injury claims, for both claimants and defendants: he has been instructed in claims including those involving industrial accidents and work related diseases, tripping and slipping cases and road traffic accidents.

Stephen has obtained a number of freezing Injunctions in the High Court. He has considerable experience of various methods of enforcement such as charging orders and orders for sale.

Stephen has been involved in the TAG litigation, further large claims involving legal expenses insurance, and claims arising out of the Buncefield explosion.

Cases

educational law: misrepresentation claim against university

Stephen acts for a student bringing a claim against a university, alleging misrepresentation and breach of conduct in...

educational law: misrepresentation claim against university

Stephen acts for a student bringing a claim against a university, alleging misrepresentation and breach of conduct in relation to its international business degree course.

Aodhcon v Bridgeco

Stephen successfully defended a claim at trial where a borrower was alleging sale at undervalue by the lender.  The ...

[2014] EWHC 535 (Ch)
[2014] EWHC 535 (Ch)
Aodhcon v Bridgeco

Stephen successfully defended a claim at trial where a borrower was alleging sale at undervalue by the lender.  The High Court accepted that the price obtained for the property was within the acceptable margin of the best price reasonably obtainable. The case is a leading recent authority on the duty of lenders to obtain the best price reasonably available, which is the same duty owed by receivers.

claim by IT supplier

claim by IT supplier

Chancery

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An extensive part of Stephen’s practice involves acting for mortgage lenders in claims involving: claims for possession, often involving subrogated claims, equitable charges and allegations of undue influence and non est factum, claims for mortgage shortfalls arising on the sale of a property – Stephen is very familiar with arguments relating to limitation, mortgage indemnity insurance and sale at an undervalue; cases where the mortgage lender has sold to a connected entity. He is currently acting in a number of claims where mortgage fraud is being alleged.

Stephen regularly appears in the Chancery Division in applications involving charging orders, orders for sale and freezing injunctions.

Through property-related professional liability claims, he has often been involved in related proceedings, such as claims for rectification, applications to the Land Registry Adjudicator, claims for specific performance and claims against vendors for misrepresentation.

Stephen has acted in a number of claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Cases

Aodhcon v Bridgeco

Stephen successfully defended a claim at trial where a borrower was alleging sale at undervalue by the lender. The ca...

[2014] EWHC 535 (Ch)
[2014] EWHC 535 (Ch)
Aodhcon v Bridgeco

Stephen successfully defended a claim at trial where a borrower was alleging sale at undervalue by the lender. The case is a leading recent authority on the duty of lenders to obtain the best price reasonably available.

Bradford and Bingley PLC v Peter Lesley Ross

Stephen acted for the lender in this mortgage shortfall claim, which went to the Court of Appeal and then a successfu...

[2005] EWCA Civ 394; LTL 14/3/2005; Times, May 2, 2005
[2005] EWCA Civ 394; LTL 14/3/2005; Times, May 2, 2005
Bradford and Bingley PLC v Peter Lesley Ross

Stephen acted for the lender in this mortgage shortfall claim, which went to the Court of Appeal and then a successful re-trial which vindicated the sale price achieved by the mortgagee. The decision of the Court of Appeal is the leading authority on the duty of a mortgagee when selling to a connected entity.

Insurance & Reinsurance

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Stephen is regularly instructed in insurance and reinsurance matters. Examples include the following:

  • instructions by two insurers to determine which is liable to indemnify a claim;
  • a claim by an insurer against a reinsurer in respect of a mesothelioma claim;
  • critical illness and waiver of contribution benefit claims, including Malekout v. Allied Dunbar Assurance Ltd [2003] EWHC 1468 (QB) ; [2003] All ER (D) 122 and [2004] EWCA Civ 192; LTL 3/2/2004;
  • subrogated claims by property insurers, including: claims arising from the Buncefield explosion, a claim for misrepresentation by vendors, claims against construction contractors;
  • advising insurers on the drafting of policy wording for employers’ liability, product liability, property and motor insurance;
  • advising professional indemnity insurers on issues such as notification of claims and circumstances, successor practices and trade debts;
  • advising insurers where an insured is suspected of dishonesty;
  • advising on claims under the Third Parties (Rights against Insurers) Act 1930;
  • advising the owner of a warehouse on a claim under the Fires Prevention (Metropolis) Act 1774.

Property Damage

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Stephen has wide experience of property damage claims, usually acting for the insurers of professionals in defending claims or in making subrogated claims to recover their outlay.

Stephen has been involved in claims for damage caused by explosion, fire, flooding, plumbing leaks and tree roots.

 

 

Cases

Buncefield explosion

Stephen acted for insurers making subrogated claims in respect of damage to residential properties caused by the expl...

Colour Quest Ltd v Total Downstream UK PLC [2009] EWHC 540 (Comm)
Colour Quest Ltd v Total Downstream UK PLC [2009] EWHC 540 (Comm)
Buncefield explosion

Stephen acted for insurers making subrogated claims in respect of damage to residential properties caused by the explosion at the Buncefield oil storage depot

claim by bank against property developer

A leading property developer carried out a major development of residential property above premises occupied by a ban...

claim by bank against property developer

A leading property developer carried out a major development of residential property above premises occupied by a bank. Stephen acted for the developer in making Part 20 claims against the plumbing and engineering contractors alleged to be responsible for the causes of escapes of water from the apartments into the bank’s premises.

claim against roofing contractor

Stephen acted for a contractor facing a claim by a property owner. The contractor was replacing the roof of a propert...

claim against roofing contractor

Stephen acted for a contractor facing a claim by a property owner. The contractor was replacing the roof of a property and used a “top hat” scaffolding structure to protect the property during the works. The structure was breached by unseasonable weather, allowing the interior of the property to be damaged by rain.

Mediation

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Stephen was called to the Bar in 2000 and is an established senior junior. His practice covers general civil and commercial law, with particular expertise in professional liability and costs. Stephen is well known for being approachable and client friendly and for giving practical commercial advice. His sympathetic and down to earth manner is well suited to acting as a mediator.

Stephen is very conscious that mediation can itself become an expensive exercise and welcomes enquiries for half day, as well as longer, mediations. Stephen believes that time is more productively spent in exploring the parties’ objectives, wishes and concerns than rehearsing the arguments which are already familiar to them, and it should often be possible to avoid the need for written or oral position statements.

Stephen was trained and accredited as a mediator by Costs ADR (www.CADR.com) of which he is a member. As well as being able to mediate in the general civil/commercial field, Stephen covers mediations specifically concerned with costs. In addition to the more familiar facilitative mediation, Stephen is able to offer evaluative mediation, where the parties can request various options for more active assistance, including guidance or a non-binding assessment.

Qualifications & Memberships

B.A. (Oxon.) CPE (City)

Publications

VAT registration number: 782715995