DAC Beachcroft LLP‘s Newport-based team regularly acts on behalf of insurers defending claims brought against solicitors. Team head Clare Hughes-Williams is able to draw from a vast well of experience representing insurers in relation to high-value claims and also regularly represents solicitors in regulatory and disciplinary proceedings brought by the SRA. Catrin Davies is another key member of the team and, as well as her expertise defending solicitors in under settled or failed catastrophic personal injury and clinical negligence claims, is also regularly engaged by her solicitor clients in a risk management context. The team is rounded out at a partner level by Tom Bedford, who is particularly skilled in handling claims involving multiple claimants.
Professional negligence in Wales
DAC Beachcroft LLP
QBE Insurance Company (UK) Ltd
Tokio Marine HCCI
Travelers Insurance Company Ltd
W R Berkley Insurance (Europe) Ltd
Chubb Insurance Company of Europe
Able to draw upon substantial resources from Cardiff, as well as across its UK network, the ‘sophisticated and well-resourced practice’ at Eversheds Sutherland (International) LLP has the strength-in-depth and critical mass to handle a huge range and volume of professional negligence work for claimants and defendants in the financial services sector. Nick Rundle heads up the claimant offering which continues to receive a tremendous flow of work from lenders, often on a contingent fee basis, stemming primarily from secured commercial and residential lending. The ‘insightful and decisive’ Wayne Davies is particularly skilled in cases involving professional negligence issues arising from commercial lending and fraud matters and large portfolios both under commercial ownership or owned by individual buy-to-let landlords. Gareth Vowles spearheads the firm’s defendant-side offering, which regularly represents intermediaries, lenders and asset managers in claims arising from alleged negligent advice and the mis-selling of financial products. James Coleman‘s work straddles both the claimant and defendant side and includes bringing professional negligence actions for banks alleging mortgage fraud.
‘The team has an impressive breadth of expertise.’
‘A sophisticated, well-resourced practice with particular expertise in acting for lenders.’
‘Wayne Davies is insightful and decisive in dealing with complex professional negligence matters.’
‘Wayne Davies is efficient, good on the law and sensible commercially.’
Bank of Ireland
Nationwide (including The Mortgage Works and UCB)
Castle Trust Capital Plc
West One Finance
Professional negligent claimant work (for individuals, corporates and public sector clients) forms a central part of the work of Hugh James‘ highly rated commercial disputes team, which is led by Richard Locke. As well as handling an eclectic mix of domestic litigation, including claims against solicitors, surveyors and accountancy firms, the team has developed an excellent reputation handling cross-border group action claims. This is exemplified by its ongoing work for various Kenyan nationals (which were involved in the Mau Mau uprising in the 1950s) in bringing a claim against their former solicitors which they argued were negligent when representing them in the original action against the UK Government. Kevin O’Brien is involved in the case alongside Locke, and his recruitment from JCP Solicitors in May 2021 has substantially enhanced the firm’s credentials in cases against solicitors and surveyors. ‘Very bright and hardworking’ senior associate Abigail Flanagan is also a key member of team.
Other key lawyers:
‘It is an excellent cross-disciplinary professional negligence team. It has easy access to lawyers across different disciplines which is vital for professional negligence work.’
‘Richard Locke is an excellent team leader, great with clients and displays excellent judgement.’
‘The brilliant Tracey Singlehurst-Ward is exceptionally clever, extremely tough with opponents but brilliant with clients.’
‘Tracey Singlehurst-Ward is immensely bright; great with clients and a pleasure to work with.’
‘Abigail Flanagan – utterly committed to her cases and clients. Very bright and hardworking, always proactive in terms of advancing her clients’ interests.’
Transform Medical Group
- Representing various Kenyan Nationals involved in the Mau Mau uprising against British rule in Kenya in the 1950’s. Their claim for professional negligence is based on an alleged failure by their former solicitor’s to properly handle the original failed group action brought against the UK government.
- Acting for a private individual in a claim brought aginst her former legal representatives alleging that they negligently advised the client and allegedly under-valued her claim after she was severely injured following a car accident in 2009.
- Representing the assignees of Transform Medical Group in claims against solicitors and Counsel who had acted for Transform and its insurers in defending a substantial body of claims brought against Transform in the PIP Breast Implant group litigation, between 2011/12 and 2016.
Berry Smith‘s partner-led service has a strong reputation in the market for litigation and acting in an advisory context in relation to claimant work brought against a range of professions. Team head Iwan Doull excels in claims brought against legal professionals, and has a particular niche advising after-the-event insurer ARAG in claims brought against solicitors who negligently advised their insureds. Simon Care is the other core partner in the team and specialises in matters arising from property-related professional negligence.
The Police Federation of England and Wales
Riverstone Insurance Limited
Brit Syndicate a Lloyds 2987
Brit Insurance (UK) Ltd
The Welsh Government
VONE Developments Ltd
Blaenau Gwent County Council
- Acting for a local authority against a national provider of asbestos surveying services alleging that it failed to provide services with reasonable skill and care.
- Resolved a problem caused by the negligence of solicitors acting for developer of luxury dwellings (successfully pursuing a claim in the Upper Tribunal to have the covenant modified to allow for the development) and further pursing the solicitors for consequential losses.
- Acting for private individuls (who were among several investors who had previously invested in an allegedly fradulent scheme) in a claim against their former solicitors and barrister in relation to their handling of a claim against the client’s former accountant.
Professional negligence work forms a significant part of Capital Law Limited‘s broader commercial litigation workflow. In this regard, the firm has experience bringing claims against solicitors, accountants and property professionals both nationally and internationally. ‘An excellent strategic thinker‘, Andrew Brown is at the vanguard of third-party funding and has frequently utilised the firm’s litigation fund (which he helped to establish) to provide innovative funding solutions to clients bringing professional negligence claims. Lucy Emanuel is ‘innovative and extremely thorough‘ and regularly acts for financial institutions in claims against solicitors, valuers and construction professionals.
Other key lawyers:
‘Andrew Brown is an excellent strategic thinker.’
‘Lucy Emanuel is innovative and extremely thorough.’
Walsham Chalet Park Limited (in liquidation) (Teneo Restructuring)
Roadchef (Employee Benefits Trustees) Limited
Red Squirrel Consulting Limited
British Medical Association
Solicitors Regulatory Authority
One Market Data
- Acting for Teneo, the liquidators of Walsham Chalet Park Limited, in respect of a £13m claim against the company’s former auditor for failing to spot the directors were able to substantially inflate the profits of the company and continue their ponzi-esque scheme.
- Advising various companies in the hospitality sector on related professional negligence claims against their insurance brokers for a breach of contract and/or professional negligence as a result of the advice they received when purchasing a BII policy.
- Acting for various investors in a care home pursuing a claim against the parties involved in marketing, establishing and operating the scheme, which is a collective investment scheme, in breach of FSMA as well as claims of fraudulent misrepresentation and deceit.
‘The experienced team has an excellent understanding of the issues each case presents. Importantly, the team appears to have excellent interaction with its clients and is commercial in providing options, where they exist.’
‘They communicate with clients in a manner which is without legal jargon, or if it is used, they immediately explain in simple terms.’