The liability of a litigation friend for costs: Glover v Barker in the Court of Appeal
On 21 August 2020 the Court of Appeal handed down judgment in Glover…
Chambers & Partners
“He's a wonderful advocate: tenacious, brave and prepared to roll his sleeves up. You feel very confident in his services.”
Paul Parker is a specialist in professional liability claims involving accountants, financial services professionals, lawyers, insurance brokers and construction professionals.
He advises on professional regulatory matters and has substantial experience of appearing before disciplinary tribunals and in the higher courts on appeal. He does a variety of general commercial and chancery commercial work, with particular emphasis on insurance law.
Paul relishes the challenge of advocacy and is known for his tenacity, working hard to attain the trial barrister’s ideal: complete mastery of a brief, control of the evidence and the ear of the court. He revels in difficult cases where there are obstinate witnesses or dogmatic experts to be cracked.
In a climate in which mediation has become the dispute resolution method of first choice, Paul has developed a considerable level of experience, guiding lay and professional clients through the mediation process, drafting mediation position papers, devising negotiation strategies and handling mediation advocacy.
“Excellent at pleadings”, “very diligent, very thorough and offers detailed forensic analysis. He is very good at intricate legal arguments” (Chambers & Partners) and “consistently well thought of,” Paul Parker is recognised as a leading recommended junior in the fields of professional negligence and professional discipline. Legal Week has reported Paul to be “fantastic with clients and you get excellent advocacy every time”. And “great fun to work with” as well! The Legal 500 has time and again over recent years listed him amongst its highly regarded juniors and Paul has also been selected for inclusion in the Legal Business publication Legal Experts in the field of professional indemnity litigation every year since 2001.
Click here for a Privacy Policy for Paul Parker.
Much of Paul’s work in this area overlaps with other aspects of his practice. His current and recent caseload includes:
Paul’s practice involves a wide range of spheres of corporate and commercial activity, including:
Sale and Supply of Goods and Services
Current and recent cases include:
Confidentiality
A considerable proportion of Paul’s lawyers’ liability, disciplinary and regulatory work relates to issues concerning actual or potential conflict of interest and other aspects of confidentiality. He has been actively involved in a series of cases concerning the disclosure of solicitors’ files to lenders.
Paul successfully barred a firm of solicitors from acting in construction litigation in Re a firm of Solicitors [1999] PNLR 950 (conflicts of interest and “chinese walls”).
Computer Contracts & Information Technology
Paul has acted in complex and lengthy computer software disputes tried in the London and provincial TCC. Issues have included:
Cases include BIT Group Ltd v. Housing Units Ltd (1999) TCC unreported, and others settled on confidential terms.
Paul is the author of the chapter on IT Professionals in Jackson & Powell: Professional Liability Precedents.
Paul’s construction practice currently focuses to the greater extent on the liability of construction professionals. This and his reported cases include:
Paul also has lengthy experience of a considerable range of construction disputes, litigating and arbitrating for and against employers, contractors and sub-contractors.
Past cases include:
Featured Construction & Engineering cases
“Paul has a forensic approach to unpicking the regulator’s case.” – Legal 500
“Paul is a reassuring presence and his advice is always concise and sensible.” – Chambers & Partners
“A very experienced and extremely knowledgeable barrister. His preparation is incredible, his cross-examination is great and he achieves amazing results.” “Very well respected in accountancy disciplinary cases. A robust advocate with a very technical and tactical approach.” – Chambers & Partners
“His advice is concise and he clearly has great experience in this field. He puts clients at their ease and was very helpful in persuading a difficult client to accept our advice.” – Legal 500
“An exceptional advocate before accountancy disciplinary hearings and committees. Outstanding case preparation.” – Legal 500
“He’s not a fence-sitter. He took an early view of the case and was right. He also produces excellent drafting.” – Chambers & Partners
“Concise, considered and pragmatic.”– Legal 500
“He has great insight into how accountancy firms work, how to navigate their issues and how to respond to regulatory investigations.” “He has a commercial and practical approach to accountancy disciplinary work and risk management.” “A bold defence advocate. His robust but client-friendly approach has secured many successful outcomes for accountants and insolvency practitioners.” – Chambers & Partners
“He has unflappable forensic technique, even in the face of difficulty.” – Legal 500
“Very technical and ferocious on his feet.” – Chambers & Partners
A large amount of Paul’s advisory work in this area concerns professional conduct: telling professionals, especially lawyers, what they can and cannot do in private professional practice, with a view to avoiding referrals to regulators.
But of course Paul also regularly advises in connection with conduct-related complaints, particularly to the LCS and the SRA. He has advised extensively on regulatory and disciplinary issues concerning breaches of SARs – both fraudulent (including advisory involvement in the Marrache scandal in Gibraltar) and non-fraudulent – separate business structures, introductions and referrals, publicity, and proper standards of work in private client, conveyancing and litigation matters.
He has substantial recent experience of defending in proceedings particularly before the Solicitors’ Disciplinary Tribunal and the disciplinary committees of the Association of Chartered Certified Accountants and the Institute of Chartered Accountants in England & Wales.
Issues with which he is most familiar have included:
Forthcoming hearings concern block conveyancing abroad / costs information / compliance with LCS adjudications / fee sharing / referral issues in accident claims.
Paul’s recently contested cases in the SDT include:
Paul is regularly instructed in claims involving financial services consultants. He has particular experience of home income plans and similar, as well as life assurance and pensions mis-selling.
He is familiar with regulatory matters under the FSMA 2000 (and its predecessors).
Current and recent cases include:
Paul regularly advises as to coverage and exclusions in policies of insurance which arise in three contexts:
His specific recent experience of insurance coverage issues includes:
“Paul Parker provides concise, well-written and researched advice on complex issues.” – Chambers & Partners
“Paul is hugely experienced and a calming presence in conference. His advice is always lucid and well-reasoned.” – Legal 500
“Paul is a reassuring presence and his advice is always concise and sensible.” – Chambers & Partners
“His written advice is concise and well-reasoned. He is also very good with clients as he has the necessary gravitas to put them at their ease.” – Legal 500
“He is one of the safest pairs of hands I’ve worked with. Intellectually hugely strong, and you feel extremely confident in his judgement.” “Very helpful and easy to work with.” – Chambers & Partners
“Extremely knowledgeable and experienced.” – Legal 500
“He is very experienced and is good on his feet. When he gets into court, he’s brilliant.” – Chambers & Partners
“He is good on his feet and very thorough.” – Legal 500
“Highly experienced senior junior whose practice in professional liability encompasses claims against virtually all non-medical professions.” – Chambers & Partners
Paul is regularly instructed in claims against accountants and financial services consultants, covering topics as diverse as taxation matters, enterprise zones, audit responsibilities, business and incorporation advice, and life assurance and pensions mis-selling. He has a good understanding of audit and familiarity with IFRS, ISA etc. Current and recent cases include:
Paul is regularly instructed in claims involving financial services consultants. He has particular experience of home income plans and similar, as well as life assurance and pensions mis-selling. He is familiar with regulatory matters under the FSMA 2000 (and its predecessors). Current and recent cases include:
Paul has also been involved in substantial cases concerning:
and his recent advisory work has focused particularly on the scope of the broker’s duty to advise and to elicit material information at inception and upon renewals.
Paul has an extensive lawyers’ liability practice including claims relating to commercial disputes, finance and investments, property transactions, and lost and mishandled litigation cases arising out of a wide range of original disputes including landlord and tenant, commercial, planning, contentious chancery, corporate and personal insolvency, matrimonial and childcare, and personal injury. He has considerable expertise in wasted costs applications.
Paul has over the years appeared in and advised in lawyers’ liability cases in every division of the High Court including
He has also been instructed to appear in Scotland as an expert witness in English barrister’s negligence law.
Reported cases
Paul’s experience covers a broad spectrum of residential and, in particular, commercial valuation claims. His recent and ongoing work includes
Other cases in which he has acted have included:
Paul has over a decade of experience appearing in the SCCO on detailed assessments and other applications on behalf of both paying and receiving parties. Moreover, he:
63 members of 4 New Square Chambers have been ranked in the…
Today the Court of Appeal gave it’s eagerly awaited judgment in Budana…
In this latest episode of our back to basics Conversations in Professional…
Paul is a former editor of the PNBA Professional Negligence Law Review and has edited and written chapters on solicitors, appeals and IT professionals for Jackson & Powell: Professional Liability Precedents (Sweet & Maxwell, looseleaf).
He is a member of COMBAR, LCLCBA, the ChBA and the PNBA (having served on its executive committee for many years). He is an ex-chairman of governors at a school in Oxfordshire, and is the current vice-chairman of an Oxford charitable trust.
Education
M.A. (Cantab.)
Languages
Serbian and French.
On 21 August 2020 the Court of Appeal handed down judgment in Glover…
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.
