Mark Nieman v Withers LLP  EWHC 2237 (QB)
Mark Nieman v Withers LLP  EWHC 2237 was a professional liability…
Amanda Savage KC practises in professional liability, disciplinary, insurance and general commercial litigation.
She was shortlisted for the ‘Professional Negligence Junior of the Year’ (2019) award by Chambers & Partners UK.
Amanda prides herself on providing an excellent level of service to her clients and those that instruct her and her attention to detail, together with a “no nonsense” approach to litigation.
Amanda has particular experience of claims against lawyers (including applications for wasted costs), being regularly instructed by leading solicitors’ insurers and BMIF. Amanda has been involved in several high profile lawyers’ claims, including the ‘Hotel litigation’ ‘Right to Buy’ litigation, GWM v Templeton, Williams v Thompson Leatherdale, Daniels v Thompson and Brown v Bennett and was junior counsel in the longest ever hearing before the Solicitors Disciplinary Tribunal (SRA v Dennison and others). Amanda is often instructed on regulatory cases and has particular experience in representing barristers before the Bar Disciplinary Tribunal.
Since taking Silk, Amanda has been rated in Chambers & Partners and Legal 500 for professional negligence and insurance and reinsurance and described as: “Very much a go-to barrister; her regulatory experience and background feed into her formidable ability.” “Amanda is always spot on, extremely engaged, and clear and consistent in her views“; “fantastically clever and brilliant in court”; and “Relates very well to clients in stressful and difficult situations, and is a very strong, compelling advocate”.
She was previously ranked as a junior in the field of professional negligence and insurance described as “brilliant to deal with – exceptionally bright, very commercial and will speak to clients on their level”, “her attention to detail is second to none and she has a no-nonsense attitude.”, “she’s not afraid to really test her clients and provides sensible, reasoned and practical advice”, “very good on detail and a fearless advocate on her feet”, “fantastic on paper and strong in mediation”, “proof that the stream of talent [at 4 New Square] never stops flowing…”, “an extremely thorough junior who presents her work in apple-pie order”, “smart and reliable“, “extremely popular and deservedly so” and someone who “doesn’t sit on the fence and is hard-hitting and practical” and has had “a very good legal brain, an eye for detail and is easy to work with”
Amanda is an editor of Jackson and Powell on Professional Liability (Sweet and Maxwell, 9th edition, 2022, sits on the Executive Committee of the Professional Negligence Bar Association and is a member of the London Common Law & Commercial Bar Association, The British Insurance Law Association and the Chancery Bar Association.
“Amanda is fantastically clever and brilliant in court.” – Legal 500, 2022
“Very much a go-to barrister; her regulatory experience and background feeds into her formidable ability.” “Amanda is always spot on, extremely engaged, and clear and consistent in her views.” – Chambers & Partners, 2022
“She is a spectacular advocate who has held her own against established silks for years.” – Legal 500, 2021
“Her pleadings are always well crafted and thorough.” “She’s extremely pleasant to deal with, very hard-working, and I was impressed when I worked against her.” – Chambers & Partners, 2021
“Bright, engaging and smart.” – Legal 500, 2020
“A formidable advocate” who is “very hard-working, very pleasant and very focused.” “Her strategic overview is really valuable and insightful. When there is a mass of documents, she is the person who will cut through it and say, ‘this is the path we should take.'”– Chambers & Partners, 2020
Rated in both Chambers & Partners and Legal 500 as a leading junior in this area, Amanda has variously been described as: “fantastic on paper and strong in mediation”, “extremely popular and deservedly so”, “an extremely thorough junior who presents her work in apple pie order”, “smart and reliable” and “doesn’t sit on the fence and is hard-hitting and practical”.
Professional liability forms a significant part of Amanda’s practice and she has extensive experience of professional liability claims, particularly those involving lawyers, including wasted costs claims and claims against barristers.
She is an editor of Jackson and Powell on Professional Liability (Sweet and Maxwell, 9th edition, 2022).
Claims against lawyers forms the largest part of Amanda’s professional liability practice and she has a wealth of experience in this field, including applications for wasted costs against both barristers and solicitors. She is regularly instructed by solicitors, their insurers and BMIF. Amanda has considerable experience of claims against barristers and has acted for Leading and Junior Counsel in a significant number of claims arising from, amongst other things, matrimonial, employment and the coal mining litigation, as well as claims arising from criminal matters. Amanda also specialises in claims against solicitors involving tax and general chancery issues, “lost” or “under settled” litigation (involving a wide range of underlying disputes) and multi party and contribution claims. She is frequently instructed to advise and act on cases involving limitation issues.
Other current and recent cases
Amanda has acted for and against accountants and auditors in number of cases concerning liability for audit and accounts preparation and, in particular, taxation advice.
Amanda has acted in claims against IFAs and discretionary fund managers.
Amanda acts both for and against insurance brokers in claims involving issues of scope and level of cover, exclusions and non-disclosure and in the context of a wide range of insurance policies. Amanda’s experience of ‘pure’ insurance disputes, together with her extensive experience of professional indemnity claims across the board, renders her particularly well placed to deal with these claims.
Amanda has acted for claimants and defendants in a significant number of claims in relation to both commercial and residential property, including multi party claims and claims brought by banks and mortgage companies as well as by individuals.
Amanda acts in claims involving a variety of construction professionals. Amanda is known for her attention to detail and enjoys the challenge presented by document heavy and complex litigation, attributes which she considers stand her in good stead in this field. She has particular experience of claims against engineers, architects and designers, ranging from claims against heating plant engineers to claims concerning the design and management of a skate park! Amanda has also been instructed in several cases concerning building/ property management.
“Relates very well to clients in stressful and difficult situations, and is a very strong, compelling advocate.” – Legal 500, 2022
“Amanda has excellent attention to detail and is particularly skilled at drafting pleadings, while also being good on her feet in court.” – Legal 500, 2021
“She is clever and incisive.” – Legal 500, 2020
Insurance forms a sizeable and increasingly significant part of Amanda’s practice. This area of her practice dovetails well with Amanda’s experience of claims against insurance professionals and her expertise in the professional liability field. She has advised and acted on insurance disputes involving the construction of policies and coverage issues (both between insurers and between insurers and the insured) both generally and in the professional indemnity context, including cases involving notification issues, what constitutes a ‘claim’ and dishonesty exclusions (particularly involving cases of actual or suspected mortgage fraud).
Amanda has also acted and advised in disputes arising out of combined commercial insurance policies, critical illness and permanent health insurance policies. She was involved (during part time secondments at CMS Cameron McKenna and RPC respectively) in commercial litigation relating to insurance for film finance (contingent expenses insurance) and with the LMX PA Spiral arbitrations.
Featured Insurance & Reinsurance cases
Amanda’s practice also involves acting for insurers in subrogated recovery actions involving property damage.
Amanda undertakes a broad range of general commercial litigation, including disputes regarding the supply and sale of goods, shareholder and partnership disputes, and a variety of commercial contractual disputes, including in the insurance field. She has a particular interest in disputes concerning the construction of contracts.
Featured Commercial Litigation cases
Amanda’s first introduction to product liability claims was whilst a pupil, when she was instructed in the Hepatitis litigation. Since then, Amanda has been instructed in several product liability claims including: for a large national company in a claim brought against it for a contribution to a claim arising out of the manufacture, design and installation of a trailer lift axle system, for a Scottish print company in an action against a well known manufacturer of printing presses. Amanda also acted (with Fiona Sinclair) for Renault Trucks UK in the successful defence of a contribution claim arising out of the design and construction of locking systems used in fire appliances: London Fire & Emergency Planning Authority v. Meritor Light Vehicle Systems (UK) Ltd  EWHC 2411. She has acted in claims against several well known car manufacturers and their distributors in claims arising out of the manufacture, sale and supply of defective vehicles and parts.
Amanda has considerable experience of disciplinary work. She has advised and appeared in disciplinary proceedings before the SDT and the ACCA Disciplinary Committee, and has particular expertise and experience of acting for barristers in matters before the Bar Tribunal. Amanda is particularly well placed to act in such cases, being able to bring to bear her previous experience and insight gained through sitting, for a number of years, as a judge on the Bar Tribunal Disciplinary Panel (often on 5 member panels dealing with serious misconduct). During that time Amanda also sat in the High Court, with a High Court Judge, as the Bar member hearing appeals from the Bar Tribunal to the Visitors of the Inns of Court.
Featured Regulatory & Disciplinary cases
Amanda is a member of the Association of Regulatory and Disciplinary Lawyers.
Amanda has been instructed on a number of claims involving property damage caused by fire, explosions, subsidence and construction and repair work. Many of such claims are subrogated insurance recovery claims and her work in this area dovetails with her insurance practice, as well as her professional liability work.
Amanda is instructed by the claimant in respect of two claims, each worth several million pounds, involving the collapse of concrete underpinning and the failure of concrete foundations and floor slabs respectively.
Other examples of substantial claims
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B.C.L. (Oxon.) LL.B. (London)
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