Professional Negligence

4 New Square Chambers is renowned as the market leading set for professional negligence work.

Ranked in Band 1 by both Chambers & Partners and Legal 500 for Professional Negligence, we have unrivalled strength and depth in this area with more individuals ranked than any other set. It is therefore no surprise that we and our members are regularly the recipient of market awards.

We work with some of the largest and best national and international law firms in relation to claims against a wide variety of professionals including accountants and auditors, solicitors, barristers, insurance professionals, banks, financial services professionals, fund and asset managers, IT and technology professionals, stockbrokers, surveyors, valuers and architects.

We are instructed in many of the most prominent and high value professional negligence cases, often at Court of Appeal and Supreme Court level.  Recent decisions involving members include:

• Various cases relating to the Grenfell disaster
• Norman Hay plc v Marsh Ltd [2024] EWHC 1039 (Comm): correct approach in determining claim against insurance brokers where the alleged negligence by the broker meant the claimant did not have insurance cover.
• Afan Valley Ltd & Ors v Lupton Fawcett & Metis [2024] EWHC 909 (KB): whether solicitors’ negligence had caused the alleged loss.
• Ivanishvili v Credit Suisse Trust Ltd [2024] SGCA (1) 5: liability of trustees for breach of trust by rogue employee.
• Playfair v Pannells LLP (formerly PKF (UK) LLP) [2024] EWHC 1933 (Ch): the dangers of assuming the court will grant an extension of time to issue a claim form.
• Discovery Land Company LLC & Ors v Axis Speciality Europe SE [2024] EWCA Civ 7: the application of exclusion and aggregation clauses in professional indemnity policy involving a dishonest solicitor.
• Lonsdale v Wedlake Bell & Ors [2024] EWHC 712 (KB): whether the “disappointed beneficiary” line of cases extends to lifetime gifts gone awry.
• RSA & Ors v Tughans [2023] EWCA Civ 999: whether solicitors’ liability to repay a success fee is covered by the firm’s insurance.
• Cutlers Holdings & Anor v Shepherd & Wedderburn [2023] EWHC 720 (Ch): a claim against longstanding solicitors in relation to negligent drafting of and advice in connection with a joint venture agreement involving a football club.
• McLean & Ors v Andrew Thornhill KC [2023] EWCA Civ 416: whether a barrister owed any duty to investors in a tax scheme who saw and relied upon his advice.
• Yee Shi Yin & ors v 174 Law Solicitors Ltd [2023] EWCA Civ 13: dismissal of appeal by buyers of off-plan flats in a fractional sales development against solicitors acting as stakeholders who had released their deposits.
• Henderson & Jones Ltd v Ross, Barnes and others [2023] EWHC 1276 (Ch): alleged negligence in relation to corporate restructuring of a private hospital group.
• Infinity Reliance Ltd (t/a My 1st Years) v Heath Crawford Ltd [2023] EWHC 3022 (Comm): a claim against insurance brokers concerning negligent advice by the brokers, and contributory negligence by the clients, in connection with calculation of business interruption insurance sums insured.
• Spire LLP v Withers LLP [2022] EWCA 970: how the “reasonably incidental” principle determines what a professional person should do.
• Aurium Real Estate London Ultra Prime Ltd v Mishcon de Reya [2022] EWHC 1253 (Ch): the need for a nexus between duty and loss in a case concerning a property development scheme
• Hoegh v Taylor Wessing & MSR Prs LLP [2022] EWHC 392 (Ch): allegations of negligence against solicitors and accountants regarding tax advice.

Jackson & Powell on Professional Liability, the leading practitioner book on this area of law, continues to be written and edited in-house.  Members of chambers also edit and contribute to numerous publications as well as providing articles and seminars.  Our regular Professional Liability Conference is the leading event for professional negligence practitioners.

You can find more detail on our recent work on individual members’ profiles or by calling one of our clerking team.