Professional Liability and Coverage Update: 2023 in review and a look ahead to 2024
Overview Many of the significant professional liability cases in 2023 dealt…
Marie-Claire has experience of a vast range of commercial disputes across multiple sectors, including those involving allegations of fraud, bribery, conspiracy and unlawful interference, in addition to complex breach of trust, taxation and insurance matters. Marie-Claire is also instructed on significant sanctions related disputes. She has experience of advising on, and obtaining, key interim remedies including worldwide freezing injunctions, anti-suit injunctions, Chabra injunctions, imaging orders, injunctions to restrain the misuse of confidential information, asset disclosure orders and receivership orders, both domestically and internationally. Marie-Claire also acts for and against financial institutions, financial advisers and other professionals accused of negligence and misconduct.
Marie-Claire is a graduate of Harvard Law School, Oxford University, University of Paris II and Trinity College Dublin. She has taught law as a visiting tutor at the London School of Economics and King’s College London.
Current and recent instructions include:
Further detail on Marie-Claire’s expertise is set out below.
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Marie-Claire is instructed in some of the most complex and large-scale claims before the Commercial Court. She is currently acting as junior counsel for the claimant in multi-million pound sanctions dispute LLC Eurochem North-West 2 v Société Générale and Ors; multi-million dollar civil proceedings arising out of the collapse of Greensill Capital in White Oak Commercial Finance (Non Levered) Limited v Marsh Limited; and as junior counsel for defendant auditors in a multi-million pound dishonest assistance claim based offshore. She recently acted for the successful claimants in a 19-week Commercial Court fraud trial in Suppipat & Ors v Narongdej & Ors [2023] EWHC 1988 (Comm) and for the successful applicant in Qatar Investment and Project Developments Holding Co v Phoenix Ancient Art SA [2023] EWHC 1916 KB. Marie-Claire has substantial experience of complex tax disputes, including acting as junior counsel for the claimant in a multi-million pound claim against a Big Four accountancy firm.
Marie-Claire has had extensive involvement in obtaining various key interim remedies including worldwide freezing injunctions, anti-suit injunctions, proprietary injunctions, asset disclosure orders and receivership orders, both domestically and internationally. She recently acted as junior counsel in in Sparta Global Limited v Hayes [2024] EWHC 100 (KB) concerning injunctive proceedings to restrain the misuse of confidential information.
Further instructions include:
Marie-Claire has extensive experience of acting for both claimants and defendants in claims involving a broad spectrum of professional advisers, including tax advisers, auditors, insurance brokers, barristers, solicitors, IFAs and professional trustees, often involving sensitive regulatory and disciplinary issues. She is currently acting for the claimant in Soroka v Payne Hicks Beach (A Firm) involving a claim against solicitors arising out of the largest ever divorce settlement in the UK; Norman Hay Plc v Marsh LImited [2024] EWHC 1039 (Comm) a multi-million pound claim against insurance brokers in respect of liabilities incurred as a result of a catastrophic accident in the USA ; and as junior counsel for defendant auditors in defence a multi-million pound claim involving allegations of dishonest assistance, breach of contract and negligence. She also recently acted for the claimant in a multi-million pound claim arising out of a tax scheme against a Big Four accountancy firm and a US law firm and as junior counsel in a c.$70m claim against a professional trustee in relation to the management of an offshore trust. Marie-Claire is an Editor of the Ninth Edition of Jackson & Powell on Professional Liability.
Further instructions include:
Marie-Claire has acted for and advised both policyholders and insurers across a wide range of insurance disputes, including business interruption claims arising out of the Covid-19 pandemic, successor practice disputes under the SRA Minimum Terms and Conditions, as well as duty of fair presentation and dishonesty issues. Her insurance practice is complemented by her experience of claims against insurance brokers, in respect of which she is currently acting for the claimant in Norman Hay Plc v Marsh Limited [2024] EWHC 1039 a multi-million pound claim against insurance brokers in respect of liabilities incurred as a result of a catastrophic accident in the USA. Marie-Claire is a contributor to the 4 New Square Insurance Law Review.
Further instructions include:
Marie-Claire has extensive public inquiry experience, largely involving matters of scientific or technical complexity. She has acted as junior counsel to the Covid-19 Inquiry, dealing with the module addressing the development, delivery and impact of vaccines and therapeutics during the pandemic. She was also instructed as junior counsel to the largest group of bereaved, survivors and former residents in the Grenfell Tower Inquiry, involved in (amongst others) modules addressing the testing, performance and manufacture of construction products and the associated regulatory regime. She also acts pro bono in numerous appeals before the First-tier Tribunal (Asylum Support) as duty scheme advocate with the Asylum Support Appeals Project.
Judgment was handed down on Monday for damages in excess of US$850…
George Spalton KC and Marie-Claire O’Kane of 4 New Square Chambers act…
In this latest episode of our back to basics Conversations in Professional…
LLB (Ling. Franc.), Trinity College Dublin (First Class Honours); BCL, University of Oxford (Distinction); LLM, Harvard Law School; BPTC.
Marie-Claire is a member of COMBAR, YFLA and PNBA.
Overview Many of the significant professional liability cases in 2023 dealt…
1. The Court of Appeal has recently refused ClientEarth’s application for permission…
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