Fortification for damages in freezing injunctions: Restoration of the status quo?
Since writing on the recent High Court decision: Claimants Listed in Schedule…
Legal 500
“Siân is ferociously bright. She is unerringly logical, and nobody can defend a claim with more robust defiance and grit. Her manner and approach inspire confidence, trust and complete reassurance. She was born to be a high flying barrister.”
Siân Mirchandani KC is a highly successful and popular silk working across a wide spectrum of commercial practice both domestically and internationally. Known for her experience in litigation, arbitration and adjudication, Sian’s practice encompasses construction/engineering, professional liability, insurance disputes and disciplinary claims.
Siân is “highly recommended by peers as “a really impressive silk who is in complete control of the material”. Her “ability to maintain the confidence and trust of the court” is further applauded.” “She was born to be a high flying barrister.”
Renowned as an “intellectual giant”, and “unerringly logical” , “a stellar advocate” and “excellent in cross-examination” the legal directories note that “she inspires confidence in all she does. She is tenacious and hard-working, she gains the confidence of the client and she’s a very good communicator.”
“Always very well-prepared and completely on top of the facts”, clients value her ability to handle high value, complex multi-party claims and group litigation involving difficult, detailed quantum issues. She has a particular interest in disputes involving IT, technical and scientific elements where her scientific background gives her a considerable advantage.
Siân is recognised as a leading silk by the legal directories in construction, property damage, professional negligence (including professional negligence involving technology and construction professionals and issues) and professional discipline.
She particularly enjoys cases in new fields and jurisdictions, and cases in all areas of her practice which involve working alongside solicitors, and other professionals, as part of an interchangeable team, dealing with vast amounts of documentation, e-disclosure, or claims involving large numbers of sub-claims and group actions. Siân is very familiar with cases involving use of electronic databases and e-documents, rather than conventional paper documents, and has wide experience of using e-bundles.
Qualified as a TECBAR accredited adjudicator, she is also a Fellow of the Chartered Institute of Arbitrators.
Siân qualified and practised as a veterinary surgeon before joining the Bar.
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Siân has considerable experience of claims involving professionals of all types and is “recognised for her superb professional negligence practice.”
Siân is regularly instructed on behalf of barristers and solicitors being sued by former clients (often via group actions) who value her thorough and quick forensic analysis, followed by clear strategies to bring the claims to an early resolution.
Siân has wide ranging experience of acting on claims for and against accounting professionals for various failures to advise on appropriate tax & VAT strategies (e.g. film partnerships, Enterprise Zone schemes, VAT schemes, Research & Development allowances).
In the fields of construction and valuation professionals Siân has become known for adopting a commercial and problem-solving ‘can do’ approach. Client say Siân is “a very effective silk” who “commands the confidence of the court”, excelling in professional negligence claims arising from large scale construction projects.”
With her professional and scientific background, Siân relishes cases which involve scientific aspects or technical issues, and this has led to a strong practice in the Technology & Construction Court with instructions from a wide range of construction professionals including: architects, structural engineers, civil engineers, building surveyors, approved inspectors, Employer’s Agents and project managers. Her performance and reputation in construction professionals’ claims has led to instructions from employers, contractors and sub-contractors. “Siân is a highly persuasive advocate with a keen intellect and a remarkable eye to detail. She can articulate complex legal issues in a simple way to help clients to understand the technical arguments and can flex her presentation style to the audience to ensure her message is understood.” This ‘pure construction’ work complements her continuing construction professionals’ and property professionals’ practice, and extends into her arbitration practice (domestic and international).
Siân has experience of claims involving land agents, estate agents, and claims under the Trusts of Land and Appointment of Trustees Act 1996.
Siân has acted in a very wide variety of lawyers’ negligence claims, including tax schemes, lost litigation, ‘loss of a chance’ and ‘package of rights’ claims (acting for and against both solicitors and barristers).
Siân has broad experience of group action claims against solicitors who acted on ‘right to buy’ schemes and developments where clients ‘bought’ leasehold interests in individual units (e.g. rooms in student accommodation, care home suites, hotels rooms, ‘off plan’ holiday properties) both in the UK and abroad.
Experienced in claims against solicitors and barristers acting and advising on matrimonial/ancillary relief matters including issues over pension sharing, company valuations, inadequate disclosure; contact disputes; consent order terms, agreements and Court’s approval.
Siân has wide ranging experience of acting for and against accountants, auditors and tax advisers (particularly high net worth individuals’ tax deferral and avoidance schemes involving film finance, Enterprise zones, other bespoke and marketed schemes).
Siân has experience of claims against independent financial advisers, including:
Siân has acted for a number of the prominent insurance broking practices in the City of London. She has also represented clients against their former insurance brokers in claims concerning selling unsuitable products, failing to advise of necessary products, material non-disclosure to insurer; claims concerning a chain of brokers: introducing, producing, placing brokers, and their respective liabilities to insured and insurer. Sian is often instructed in multi-party disputes where both insurers and brokers are defendants.
Siân has a full range of experience of acting for and against valuers, including claims brought by lenders. Siân is also experienced in pursuing and acting for building surveyors carrying out structural surveys for lenders and borrowers in claims arising out of commercial and residential mortgage transactions, e.g. failure to detect defects; failure to detect and advise on additional parts; failure to advise of need for additional specialist surveys; failure to advise property based on red shale foundations; property development overvaluations and claims involving new build properties and NHBC or other ‘structural’ guarantee policies of insurance.
Siân has wide experience of advising and acting for employers, contractors and sub-contractors in disputes brought in the London and regional Technology and Construction Courts, and adjudications.
Siân has particularly developed a practice involving claims arising from design and construction of unusual buildings, and farm or agricultural buildings, where the combination of her veterinary background and her experience in construction and professional liability claims has given her clients a considerable advantage.
Insolvency / 1930 Act and 2010 Act claims against insurers
Residential
Siân has considerable experience of residential construction disputes advising and acting for employers, architects, contractors and sub-contractors involving:
Siân has extensive experience of advising and acting for employers, contractors and sub-contractors in construction and engineering disputes. Clients say: “Siân is ferociously bright. She is unerringly logical, and nobody can defend a claim with more robust defiance and grit. Her manner and approach inspire confidence, trust and complete reassurance. She was born to be a high flying barrister.”
Adjudications
Considerable experience with adjudications including:
Specialist buildings & unusual cases:
Siân undertakes a wide range of commercial work, including general and international commercial litigation, personal and corporate insolvency, commercial contractual claims, deceit, economic tort claims (procuring or inducing breach of contract, causing loss by unlawful means, conspiracy to defraud), lost market opportunity. Siân has experience of pursuing freezing injunctions and pre-action disclosure applications, as well as bond enforcement. The legal directories mention that she is “A very practical barrister; she’s good on the law but she also looks beyond the pure legal points in terms of strategy, where we want to end up and how to negotiate.” “Excellent – she has the ear of the court and is always really well prepared.”
International and domestic arbitration work is a natural adjunct to Siân’s commercial litigation, construction and insurance practice. “She is terrific, technically very good, gets into the detail and has excellent written and oral advocacy.” “She offers a robust analysis of a case as well as excellent trial advocacy.”
Siân is also building up a practice as an arbitrator. Siân is happy working under a variety of arbitration rules (eg ICC, LCIA) as well as ad hoc arbitrations.
Some of her recent arbitration work includes:
Siân has wide ranging experience of advising and acting for both insurer and insured on claims concerning policy construction and coverage issues (particularly relating to cladding & fire safety claims, BI relief, property damage). Her clients say: “Siân Mirchandani QC is a very effective silk who commands the confidence of the court, excelling in professional negligence claims arising from large scale construction projects.”
Sian is often instructed in claims where the insurer is the co-defendant, alongside a broker following avoidance of a policy.
Siân has considerable experience of property damage claims, particularly claims involving fires and destruction of commercial and residential property (and contents). Alongside her insurance and reinsurance practice, Siân is regularly instructed by insurers’ on recovery & subrogated claims arising out of property damage. Clients say Siân is “A hard worker and good fighter for her clients who is good on detail.” and “always on top of the details of a case” “excellent in the way that she leads a team of lawyers and experts on a case“.
Siân has a significant practice in defending professionals before professional disciplinary bodies, particularly the ARB, RIBA, ACCA, ICAEW, RICS. Known for her robust and tenacious approach to picking apart disciplinary allegations, Siân is described as: “An insightful silk who is quickly able to master technical details, and is utterly tenacious in fighting for her client. If you want someone to get the best for a client backed into a corner, she would be a marvellous choice of advocate.”
Siân is a former member of the Disciplinary Panel for the Council of the Inns of Court which is concerned with barristers’ conduct and service issues, and advised the RCVS and drafted the RCVS’ guidance on the roles of expert witnesses. She is also a member of the Ethical Conduct Body of the Society of Antiquities.
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Siân is a member of the Professional Negligence Bar Association, the Society of Construction Law, COMBAR, TECBAR, the Chancery Bar Association and the London Common Law & Commercial Bar Association. She is a Fellow of the Chartered Institute of Arbitrators, a TECBAR accredited adjudicator, and a Member of the Ethical Conduct Body, Society of Antiquities.
Education
M.A. Vet M.B. Emmanuel College, Cambridge University
Diploma in Law, City University
BTC, Inns of Court School of Law, London
Fellow of Chartered Institute of Arbitrators – International Arbitration.
Since writing on the recent High Court decision: Claimants Listed in Schedule…
Sian Mirchandani KC writes about the decision of Moulder J in Claimants…
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