COVID-19 DISPUTE RESOLUTION – Applying the Principle of Frustration to Cancellations Caused by the Virus
What happens where a contracting party no longer wishes to perform their…
Carl Troman is a commercial litigator, with particular expertise and experience in disputes involving insurance, professional liability, classic and super cars (including motorsports), property damage and costs. He is also a formally accredited mediator and acts as an arbitrator. Carl won the prestigious Chambers & Partners Professional Negligence Junior of the Year 2022 Award and was also nominated for the same award by Legal 500 in 2022.
Carl is recommended as a leading junior in the fields of both insurance and professional negligence by Chambers & Partners having been described in the following terms:
“A strong barrister who always adds value.”
“He is very responsive and provides excellent commercial advice.”
“He is responsive, smart and sensible, and always has one eye on commerciality, which is key for my insurer clients.”
“He’s an excellent tactician when dealing with cases. He is incredibly speedy, meticulous on detail but also very efficient.”
“He’s a very knowledgeable, technically savvy and very persuasive opponent.”
“He is extremely accessible and user-friendly. His work product is timely and he thinks outside the box to provide cost-effective solutions.”
“Super-intelligent with great interpersonal skills.”
“He provides excellent advice and is always thinking of innovative ways to get the best possible result for the client.“
“Very user-friendly and good on tactics.”
“A really good choice for complex insurance litigation.”
“Approachable, friendly and incredibly helpful on complex cases. His advice is very clear and he is great with clients.”
“He’s very bright and I like the style of his advice, which is detailed but not overly so. He is good at getting to the nub of a case and he has a very good understanding of the commercial factors in play and what is driving the decisions of insurers.”
“He’s extremely approachable, easy to deal with and has a good rapport with solicitors and clients.”
“He has an impressive knowledge of the law, and applies it with impressive efficiency to tactical decisions. He also just seems to know how judges will deal with things, such that you never feel like anything that happens is a surprise.”
“At trial, he is well mannered and entirely unflappable. His performance is exemplary.”
“Go-to junior for professional indemnity.”
“He has an intelligent, measured approach and a calm manner that clients find reassuring.”
“Gives clear reasoning and exudes charm and confidence.”
“Gives good robust advice, sticks to his guns, and is very thorough and very helpful.”
“He’s extremely approachable and a very charming individual who has a good touch with clients.”
“Tremendous experience dealing with property-related professional negligence matters.”
“He is very good at drafting and very good on his feet.”
“A popular choice with clients and good in difficult situations. He’s good at putting people at ease and getting the best out of them.”
Carl is also ranked in the Legal 500 and has been described as follows:
“A delight to work with because, apart from his excellent legal knowledge, he is very responsive and provides the best commercial and tactical advice that a solicitor could hope for. Carl has excellent advocacy skills and prepares meticulously.”
“Very responsive and flexible, extremely knowledgeable on the law, good on tactical decisions and strategy. He is confident in his views and easy to work with. Extremely good value.”
“Outstanding.“
“He exudes a confidence and charm, which puts clients at ease.“
Carl provides a service of the very highest quality and practical commercial solutions to even the most difficult or intractable of problems. He is always customer focused, user-friendly and responsive with a keen grasp of all relevant detail.
Carl read law before finishing sixth on the Bar Vocational Course at the Inns of Court School of Law winning the Stephen Seabrooke Memorial Prize, the Everard Ver Heyden Foundation Prize and the Buchanan Prize as well as being awarded the Wolfson Scholarship by Lincoln’s Inn. Before joining chambers in 2003 Carl taught law to undergraduates at the University of Reading.
Carl was the Consultant Editor of the 2021 (5th) edition of the Tort chapter of Halsbury’s Laws of England.
Click here for a Privacy Policy for Carl Troman.
Click here for a Transparency Statement for Carl Troman.
Named the Chambers & Partners Professional Negligence Junior of the Year 2022, a prominent part of Carl’s practice sees him advise and act in claims for and against a wide range of professionals, including solicitors, accountants, barristers, surveyors and valuers, insurance brokers, architects, engineers and financial advisers.
As well as the specific types of case identified below, Carl is regularly instructed in cases involving:
Carl has extensive expertise in dealing with claims against solicitors and barristers across a broad range of areas from conveyancing to family law, from crime to corporate transactions and lost litigation. Examples are as follows:
Carl also has experience acting and advising in relation to the financial and professional conduct of lawyers including matters such as the operation of the solicitors’ accounts rules and the exercise of liens.
In relation to claims against accountants, Carl has substantial experience of high value claims in the Commercial Court and other courts growing out of the provision of auditing services and taxation advice to both companies and individuals.
Carl has extensive experience of a wide range of claims against surveyors, especially in relation to overvaluation allegations whether by mortgage lenders or others concerning both residential and commercial property. Carl regularly acts for both claimants and defendants and is often instructed in large claims involving dozens or scores of linked property valuations which can also give rise to professional indemnity insurance issues. Carl was instructed in Barclays Private Clients International Limited v Savills Finance Limited which was such a case.
Carl is regularly instructed in claims against engineers of various different specialisms including structural and geo-technical engineers and has acted in a number of substantial claims following the discovery of extensive problems on large estates and other construction projects.
Carl has experience of a number of claims against architects, especially involving the provision of design and construction supervision services.
Carl often acts in claims against financial services professionals for claimants and defendants and is regularly instructed in claims involving allegations of mis-selling, failures to advise and failures to recommend and review suitable investment portfolios. Carl was recently instructed in relation to a multi-million pound dispute against nationally known wealth managers arising out of advice concerning a short term investment in a film. The case focused upon allegations of misrepresentation against the wealth managers and included a claim over by the wealth managers against solicitors involved in the transaction. Other claims in which Carl has been retained have arisen out of mortgages, pension schemes and onshore and offshore tax schemes. Carl has particular expertise and experience in the law of limitation relating to claims against financial services professionals.
Carl is frequently retained in claims against insurance brokers concerning matters such advice upon limits of indemnity, exclusion clauses, average and the extent of business interruption cover. This aspect of Carl’s practice often overlaps with his insurance coverage work.
Carl has recently been instructed in a number of cases involving claims against expert witnesses, including a single joint expert, following the decision of the Supreme Court in Jones v Kaney [2011] 2 AC 398 removing their immunity.
Commercial litigation is and always has been the core of Carl’s practice. It embraces not only the specific areas of insurance, professional liability, classic and super cars and property damage listed separately but also includes cases involving banking and finance, civil fraud, corporate collapse, credit agreements, bailment, agriculture, product liability and, more generally, the sale of goods and the supply of services (and associated costs matters). Examples of such cases are:
Carl has considerable experience in insurance law, particularly in relation to:
Carl acted for insurers in the case of Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm) who successfully defeated, at first instance, a claim for an indemnity in respect of the destruction of bespoke waste recycling machinery for over £4m arising from a fire. Carl was also instructed in relation to the appeal to the Court of Appeal ([2021] EWCA Civ 590).
Carl was instructed in the Court of Appeal in the case of Lyons v Fox Williams [2018] EWCA Civ 2347 which included an application for permission to cross-appeal upon a complex insurance policy construction issue.
Carl was instructed on behalf of the successful insurers in the case of Palliser Ltd v Fate Ltd [2019] EWHC 43 (QB) which concerned points of policy interpretation, the Berni Inns doctrine and a large lost profits claim.
Carl acted in the case of Various Claimants v Giambrone & Law [2019] EWHC 34 (QB) where Foskett J made a non-party costs order against professional indemnity insurers.
Carl acted for insurers at first instance in the case of AIG Europe Ltd v OC320301 LLP [2016] Lloyd’s Rep IR 147 concerning the aggregation of claims under the Minimum Terms for the Insurance of Solicitors which ultimately reached the Supreme Court.
Carl acted for the successful insurers in Sharon’s Bakery (Europe) Ltd v (1) Axa Insurance UK plc (2) Aviva Insurance Ltd [2011] EWHC 210 Comm, a trial in the Commercial Court which concerned non-disclosure to insurers of prior dishonesty regarding a third party financial institution and the employment by the insured of fraudulent means and devices.
Carl has been instructed in a number of cases involving internet gaming. He represented the successful party in Venturi v Eurobet UK Ltd (2012 HC unreported) and was retained in multi-million pound litigation in the Commercial Court involving a dispute over a policy of prize indemnity insurance relating to a win on the German Lotto. The case involved a number of issues, including foreign law, coverage, misrepresentation and non-disclosure.
Carl is presently instructed of behalf of insurers in a number of high value cases in the Commercial and Mercantile Courts involving questions of non-disclosure, misrepresentation and policy coverage.
Carl has recently been instructed in a number of coverage disputes between professional indemnity insurers.
Carl also acts and advises in disputes between professional indemnity insurers and their insureds.
Carl is also retained in a number of disputes between insurers and insurance brokers arising out of delegated authority schemes.
He was seconded for several months to the insurance and reinsurance team at Mayer, Brown, Rowe & Maw LLP. Carl has also acted and advised in professional indemnity insurance arbitrations.
Carl specialises in disputes relating to motorsports and regularly acts in cases involving circuit racing, rallying, karting and hill climbs.
He has extensive experience in relation to matters before the Motor Sports Council National Court including enquiries, appeals and disciplinary hearings. Carl has acted for the Royal Automobile Club Motor Sports Association. Recent cases have included the following issues:
Carl is instructed in relation to civil claims (including claims for personal injuries and property damage) arising out of racing incidents and has acted for British Automobile Racing Club Ltd the Speedway Control Bureau. He has also acted for Mark Webber the former Red Bull Formula 1 racing driver.
Carl has been a formally accredited mediator for many years, has mediated scores of disputes and has extensive experience acting in mediations in a broad spectrum of cases from the small to the very large. Carl is regularly instructed in mediations involving two or three parties and has also acted in a very complex mediation involving some six different parties.
With his specialist practice in automotive litigation Carl is uniquely placed to act as a mediator in disputes involving cars and racing.
In 2017 Carl appeared in the directory of Who’s Who Legal, having been nominated by his peers as one of the world’s leading practitioners in the field of mediation.
Recent mediations
Carl participated in a mediation seminar which focused on approaching “Cultural Differences in Mediation”.
Carl has extensive experience of costs work. He regularly acts and advises in relation to applications for security for costs, non-party costs orders and wasted costs.
Carl acted in the case of Various Claimants v Giambrone & Law [2019] EWHC 34 (QB) where Foskett J made a non-party costs order against professional indemnity insurers.
He represented one of the firms of solicitors from whom costs were sought in Griffith v Gourgey [2018] 3 Costs LR 605.
Carl has particular expertise in the court’s jurisdiction to make non-party costs orders under s51 of the Senior Courts Act 1981. Recent examples include disputes as to non-party costs orders against professional indemnity insurers and in favour of recipients of letters of request (letters rogatory).
A considerable part of Carl’s practice involves the assessment of costs in the SCCO and County Courts. He was instructed in relation to a substantial multi-party dispute involving the recoverability of an ATE premium and allegations of fraud in relation to costs. He has also been involved in a number of disputes concerning costs budgeting. Carl’s costs work also overlaps with his professional liability practice particularly in relation to disputes between solicitors and their clients with regard to fees.
Carl has been instructed in a number of cases involving disputes over ATE insurance policies concerning issues of breach of warranty, misrepresentation, non-disclosure, estoppel and dishonesty.
A significant part of Carl’s practice involves cases concerning damage to property whether as the result of breaches of duty in the supply of services, defective products or otherwise. This area of Carl’s work includes:
Carl is a leading barrister in the field of automotive litigation encompassing a broad range of disputes involving vintage, classic and supercars.
At the interface between commercial litigation and motorsport, Carl acts and advises in relation to disputes arising out of racing contracts between, for example, drivers, teams and sponsors.
Disputes involving high value unique property like classic cars can involve urgent applications for injunctions and Carl has extensive experience in that regard.
The types of issue which often arise and of which Carl has extensive experience are:
Featured cases
On 25 October 2023, Andrew Lenon KC handed down judgment in the…
Professional Negligence Set of the Year 2022 We are delighted to…
Patrick Lawrence KC, Carl Troman and Diarmuid Laffan succeed in the Court…
We are delighted to announce that 4 New Square has been shortlisted…
63 members of 4 New Square Chambers have been ranked in the…
4 New Square on both sides of important Court of Appeal ruling…
LL.B. (First Class) Dip. PLS
What happens where a contracting party no longer wishes to perform their…
By Carl Troman, Barrister and Mediator at 4 New Square Chambers Four…
4 New Square
Lincoln's Inn
London, WC2A 3RJ
BARRISTERS REGULATED BY
THE BAR STANDARDS BOARD
Accessibility | Cookies | Disclaimer | Equality & Diversity | Privacy Policy | © 4 New Square Chambers – All Rights Reserved | Site by Tela.
Cookie | Duration | Description |
---|---|---|
cookielawinfo-checkbox-advertisement | 1 year | Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category . |
cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
CookieLawInfoConsent | 1 year | Records the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie. |
viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
Cookie | Duration | Description |
---|---|---|
wp_law_pdfbuilder_bespoke | 1 Year | Used for the portfolio builder |
wp_law_pdfbuilder_list | 1 Year | Used for the portfolio builder |
Cookie | Duration | Description |
---|---|---|
_ga | 2 years | The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors. |
_ga_DJZVZPQ3PF | 2 years | This cookie is installed by Google Analytics. |
_gat_gtag_UA_196640177_1 | 1 minute | Set by Google to distinguish users. |
_gid | 1 day | Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. |
Select the expertise that you would like to download or add to the portfolio
Title | Type | CV |
---|
Click here to share this shortlist.
(It will expire after 30 days.)
Need more information about the above People and Expertise?
Talk to one of our clerks: +44 (0)20 7822 2000