4 New Square Chambers Insurance Law Review – Spring 2023
Click here to download as a PDF Contributors: Alison Padfield KC, Miles…
Chambers & Partners
“He's utterly charming, with very efficient and polished drafting, and he is strategically far-sighted.”
Miles Harris conducts a wide range of commercial litigation specialising in professional liability, insurance, property damage and disciplinary work. He is nominated for Professional Negligence Junior of the Year at the Legal 500 Bar Awards 2024.
He is praised in Chambers & Partners for being “A great person to work with: down to earth and produces a high standard of work.” “Incredibly good on the law, very detailed and thorough; he’s got superb attention to detail and great emotional intelligence. He’s also very commercially aware” (2022), “articulate and considered in his work” (2021), “very client-friendly, very practical, and great at driving a case forward…makes complex issues look very easy” (2020) and providing “strategic advice and procedural support… you want him in your corner for a tricky application hearing” (2019), being “exceptionally bright and very commercial… he’s calm and excellent on his feet” (2018), “…utterly charming…and…strategically far-sighted…He gives brilliant advice…just a joy to work with” (2017).
The Legal 500 has said “Miles is one of the stars of the junior Professional Negligence Bar. I cannot imagine he will be a junior for much longer. I run out of superlatives for him. He is ultra-intelligent, fearsome in his quest to find the right answer to a case; but always utterly polite, great fun and modest in his considerable talents.” (2023) “Miles has a keen intellect, knows his insurance law, has great judgement, writes well, and is utterly reliable” (2022), “all that he does is measured wise and calm” (2020) and described him as “a cool advocate under fire and a wonderful team player” (2021), “very bright” (2019), “extremely likeable” (2017).
Miles strives to provide his clients with effective advocacy and advisory services that combine diligence, efficiency, knowledge of the law, approachability and commercial sense.
Miles acts in a wide range of cases within his areas of expertise, led and unled. He has also been published and lectured widely, especially in matters related to the civil liability of lawyers and insurance. Miles is also an established and experienced accredited mediator, accepting instructions in a range of civil disputes.
Miles is a member of the PNBA’s Adjudication Panel and can accept appointments as an adjudicator under the PNBA Adjudication Scheme.
Miles has written a number of articles on issues of importance in professional liability and insurance law and has been published in the Journal of Professional Negligence, the New Law Journal, Insurance Law Monthly and the Sweet & Maxwell Civil Procedure Rule Reports and by the Practical Law Company. He is the current editor of the chapter on Professional Indemnity Insurance in Jackson & Powell on Professional Liability.
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Miles advises and appears regularly in commercial disputes including cases concerning sale of goods, supply of services, mortgages, credit agreements and guarantees. He has particular experience of representing lenders and financial institutions.
Featured Commercial Litigation cases
“Miles’s written advice on tricky coverage issues is well thought through, comprehensive and clearly delivered.” – Chambers & Partners
“Miles is simply superb. His mastery of the developing law in this area is nothing short of astonishing.” – Legal 500
“There is nothing but praise for Miles. He has been heavily involved in some landmark business interruption test case litigation. He has an extremely impressive and deep grasp of all the issues, and a real ability to convey his thoughts succinctly and clearly. He works tirelessly and efficiently. It will not be long before he will be in Silk.” – Legal 500
“Miles is really hard-working [and] a really safe pair of hands.“ – Chambers & Partners
“Miles has excellent strategic thinking.” “He provides good clear advice.” – Chambers and Partners
“Miles has a keen intellect, knows his insurance law, has great judgement, writes well, and is utterly reliable.” – Legal 500
“A well-known junior who excels in complex insurance and reinsurance cases.” – Whos’ Who Legal
“Hardworking and very proactive…He has great client care skills.” – Legal 500
He has considerable experience of acting for insurers and policyholders in insurance disputes involving a wide range of risks including property, D&O, ATE legal expenses insurance, business interruption, professional indemnity, and life and long-term sickness. Miles has frequently lectured on insurance law and been published in the Insurance Law Monthly.
Miles acted at first instance and before the Supreme Court in the FCA Business Interruption Test Case as part of the counsel team led by Jonathan Gaisman KC instructed by Allen & Overy on behalf of Hiscox (Financial Conduct Authority v Arch Insurance [2021] UKSC 1). He continues to be closely involved in the insurance issues arising from the COVID-19 pandemic, recently appearing as junior counsel for AXA in Corbin & King Limited v AXA Insurance UK [2022] EWHC 409 (Comm) the first of the Covid-19 business interruption cases being managed by the Commercial Court.
A sample of recent cases include:
Miles also has considerable experience of professional liability insurance, especially issues arising from the Minimum Terms and Conditions for solicitors. By way of example he has:
“Miles’ work is always of the highest quality, adopting a commercial and pragmatic approach.” – Chambers & Partners
“Miles is extremely bright and he gives practical advice in relation to complex cases.” – Legal 500
“Miles is an excellent all-rounder.” – Chambers & Partners
“Miles is one of the stars of the junior Professional Negligence Bar. I cannot imagine he will be a junior for much longer. I run out of superlatives for him. He is ultra-intelligent, fearsome in his quest to find the right answer to a case; but always utterly polite, great fun and modest in his considerable talents.” – Legal 500
“A great person to work with: down to earth and produces a high standard of work.” “Incredibly good on the law, very detailed and thorough; he’s got superb attention to detail and great emotional intelligence. He’s also very commercially aware.” – Chambers & Partners
“Miles is very able, bright and conscientious. He always delivers on time.” – Legal 500
“Articulate and considered in his work…so commercial and gets straight to the point” – Chambers & Partners
“A cool advocate under fire and a wonderful team player. Always goes the extra mile for clients” – Legal 500
“All that he does is measured, wise and calm.” – Legal 500
“He is very client-friendly, very practical and great at driving a case forward.” “He is a really skilled advocate who gets to the core of cases quickly, is very commercial and focused, and makes complex issues look very easy.” – Chambers & Partners
Miles has been recommended by the Chambers and Legal 500 in the field of professional negligence for many years.
He has wide experience of all issues relating to professional liability. He has represented both claimants and defendants in matters involving solicitors, barristers, licensed conveyancers, surveyors, managing agents, insurance brokers, financial advisers, tax consultants, accountants, auditors, architects and veterinary surgeons.
Miles has experience of claims involving all aspects of a professional’s potential liability, including allegations of breach of duty, retainer and trust, breach of fiduciary duty, deceit, dishonest assistance, fraudulent conspiracy and breaches of relevant regulatory provisions, such as the Financial Services and Markets Act 2000.
He has also provided training to firms on solicitors’ and surveyors’ liability generally and written and spoken on specific issues of importance in professional liability including limitation, privilege, the assessment of quantum in lenders’ claims, the SRA Solicitors’ Code of Conduct and coverage issues.
Miles is a member of the PNBA’s Adjudication Panel and can accept appointments as an adjudicator under the PNBA Adjudication Scheme.
Miles acts both for and against accountants, auditors and tax advisers. On a number of occasions this has involved acting in multi-party, group-style litigation by investors against accountants and tax advisors involved in advising upon and/or promoting tax avoidance schemes, in particular relating to film finance. In this litigation, Miles has assisted clients in meeting allegations of negligence, breach of contract, misrepresentation, breach of trust, joint venture liability and liability under FSMA 2000. Most prominent was Miles’s involvement on behalf of Castle Tax consultants in connection with a film finance scheme operated from Jersey.
Other examples of his experience in this area include acting for/advising:
Miles is regularly instructed in claims involving financial services professionals including allegations such as failure to recommend appropriate investments and life insurance and breaches of the conduct of business rules under the Financial Services and Markets Act 2000.
By way of example, Miles has in recent times:
Miles has extensive experience of claims involving insurance brokers, frequently acting in high value claims against leading counsel.
Chambers comments that he “is celebrated for his knowledge of insurance-related negligence claims” (2015).
Miles work in this area has included:
Miles has extensive experience of claims against lawyers, from the Court of Appeal, to the High Court, to working in the professional liability department of a city firm of solicitors, to a secondment in the claims handling section of a major professional liability insurer.
Miles has often undertaken wasted costs work, again for both solicitors and barristers. He also has extensive experience of coverage issues arising from claims against solicitors and the operation of the Minimum Terms and Conditions.
He acted (led by Jamie Smith KC) for one of the solicitor defendants to the high profile unlawful means conspiracy claim by Accident Exchange: Accident Exchange & Anr v McLean & Ors [2018] 4 WLR 26 (disclosure application) and [2018] EWHC 1533 (Comm) (security for costs). Miles was also sole counsel for solicitors defending a well-publicised claim in negligence brought by Victor Nealon, whose conviction for attempted rape was quashed after he had served 17 years in prison.
The following is a selection of Miles’ other work in this field:
Miles has also lectured and written in this field and both devised and provided a training programme on the law in relation to solicitors’ liability on behalf of a firm specialising in claims against solicitors.
Miles has acted in numerous claims against surveyors and valuer. He has not only acted for both lenders and solicitors in connection with particular claims, but has also provided lenders with high level advice on generic issues to assist them with recovery strategy. Miles has been involved in claims raising all the major issues thrown up by lenders’ claims including contributory negligence, fraud, coverage, syndication, securitisation and the applicability of the SAAMCo ‘cap’.
Examples of Miles’ work:
Miles has established a strong and growing reputation as an accredited mediator. This area of his practice has built on his experience of mediations as an advocate covering disputes up to very complex, multi-party, multi-million pound, multi-day mediations. He has had particular experience in disputes arising from the areas in which he practises, but accepts instructions in connection with a very wide range of civil disputes.
Recently, Miles has mediated to settlement: partnership disputes, multi-party professional negligence disputes involving professionals, clients and banks, multi-party disputes involving clients, professionals and a trust fund and numerous two party professional negligence claims.
Miles has extensive experience of property damage claims for both claimant and defendant.
He has dealt with claims arising from flood, fire, electricity outage, water penetration, subsidence and heave (including tree root damage) based on various causes of action including contract, negligence, nuisance, Rylands v Fletcher and the Consumer Protection Act 1987.
For example, he is currently instructed on behalf of a claimant in relation to damage caused during the maintenance of a power station.
By way of further example, Miles has also acted in connection with claims involving:
Miles is developing his practice in the regulation and discipline of solicitors, barristers, accountants, financial service providers, surveyors and other professionals. This is a natural extension of the large amount of work he carries out in the field of professional liability. Miles recognises that liability and disciplinary concerns often interlock and have to be dealt with at the same time.
His experience includes:
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Miles is a member of the Professional Negligence Bar Association, the British Insurance Law Association, COMBAR and the Bar Pro Bono Unit.
MA, Trinity College, Cambridge University; Dip. Law, City University; David Karmel and William Shaw Awards from Gray’s Inn
Click here to download as a PDF Contributors: Alison Padfield KC, Miles…
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