Weightmans LLP

Specialty Core

Consultant • Specialty 1

Alain is a Consultant in the Weightmans Specialty Team based in London. He leads a team in London and works successfully and collaboratively across various offices supervising teams. Alain has over 23 years’ experience in defending professional indemnity claims and dealing with professional regulatory disputes or disciplinary inquiries before regulatory bodies, such as the SRA, RICS, ICAEW and ARB. He acts for major insurers (and their insureds), as well as legacy run-off specialists (working closely on run-off portfolios to collaboratively deliver economic and legal finality to claims) and has been instructed as monitoring counsel on run-off claims in Guernsey to oversee and ensure the proactive progress, and cost-effective settlement of claims.

He has extensive experience in defending claims against a range of ‘traditional’ professions, including lawyers (solicitors, licensed conveyancers and costs lawyers), commercial and residential surveyors and valuers, estate agents, managing agents, architects, building surveyors, accountants and insurance brokers. Alain has also acted for ‘emerging professions’ including health and safety consultants, playground inspectors and will writers.

Alain also advises insurers on policy coverage involving professional indemnity insurance, including minimum terms, issues arising from claim/circumstance notification clauses, excess and limit of indemnity aggregation, various exclusion clauses, material non-disclosure/misrepresentation and avoidance.

He also pursues contribution claims arising from settled professional indemnity claims and subrogated recoveries on behalf of insurers arising from property damage/risks, including fires, explosions, floods and subsidence, as well as associated business interruption.

Alain has extensive litigation experience in all divisions of the High Court involving complex and high value claims, and also significant experience of arbitrations involving policy disputes. Alain also regularly acts as advocate in mediations and is an effective negotiator. He has conducted many mediations and has an established record of success with a reputation for being robust, whilst also taking a common-sense and pragmatic approach to commercial dispute resolution.

Work Highlights

 

Acting for a nationwide firm of surveyors and valuers on multiple claims involving allegations of over valuations, including breach of contract and breach of duty. Successful settlements based on arguments on causation, measure of loss and contributory negligence. Successfully defended accountants (the former and successor practices were both sued) in a dispute brought by the former owner of a company in relation to advice allegedly provided by the insured client. The claim related to an investment that was made in the company by certain investors. Shortly thereafter, the investors dismissed the claimant from the company for gross misconduct. The claimant alleged that the insureds’ negligence had caused them to suffer the loss of their shareholding in the company, the loss of their employment in the company, and the cost of litigating injunctive proceedings brought against them by the investors. The claims were defended and an application for summary judgment and strike out was successfully made. Saleem Nawaz (1) Zahir Aziz (2) v. Birchfields Solicitors - successfully defended solicitors in a £1.7 million claim in the High Court for alleged negligent commercial conveyancing. Successfully struck out part of the claim and thereafter successfully defended the claim at trial both in respect of breach of duty and causation. Mr and Mrs Backhouse v. Petersen - successfully struck out a claim brought against a building surveyor on the basis of the claimants’ various egregious breaches of procedural directions. Upheld on Appeal [2020]. Marshall Brothers Partnership v. Bates & Mountain Solicitors - successfully struck out a claim brought against the claimant’s former solicitors on the basis that it was hopelessly time barred and without merit, with indemnity costs awarded. Acting for a prominent firm of solicitors on a £2.2 million claim for damages for diminution in value arising from alleged negligent advice in relation to numerous defective shared ownership sub-leases. The claims settled on the basis that the claimant was persuaded to rectify the sub-leases thereby significantly mitigating the extent of the alleged loss. Acting for solicitors on a claim alleging negligent conveyancing by a property developer, and that instructions were not taken in relation to a restrictive covenant on the title, resulting in the claimant not being able to fully build the properties he intended. Successful settlement for significantly less than pleaded based on causation arguments and favourable expert evidence, as well as contributory negligence and failure to mitigate. Acting for numerous licensed conveyancers on claims relating to the conduct of conveyancing transactions, wills and probate related matters, as well as complaints to the Legal Ombudsman. Acting for various insurance brokers on claims involving significant underinsurance where there has been total destruction of commercial premises. The claims involve substantive issues on breach of duty, causation, contributory negligence and failure to mitigate. Recently represented an Architect in relation to an ARB disciplinary involving charges of Unacceptable Professional Conduct and Serious Professional Incompetence. Successfully defended the charges on the basis that no provable allegations of misconduct had been articulated; no allegations of seriousness were identified; and no such allegations could properly arise on the facts and matters relied upon by the ARB, resulting in the ARB agreeing to discontinue shortly before a 5-day hearing. Acting for fire safety consultants concerning the provision of fire safety assessment reports and EWS1 Forms on numerous buildings throughout London. Providing coverage advice to insurers on a c. £2 million dispute concerning the alleged defective design, installation and commissioning of a fire sprinkler system in a commercial development, including extensive allegations of deficiencies with the workmanship involving complex expert evidence. The claim also involves issues of insolvency and the applicability of the Third Parties (Rights Against Insures) Act 2010, and multiple complex “external” coverage arguments.

Directories

Alain is recognised in the legal directories as “very experienced, has an uncanny knack of being able to call a case correctly, and is a brilliant negotiator. A very determined litigator.” Legal 500 UK 2022

 

Described as a “star and … a pleasant and hard working lawyer, good to collaborate with, always ready to listen and take on board my thoughts and come up with innovative solutions.” “Alain is always on top of every last detail, he’s a pugnacious litigator, an expert negotiator and gets the best possible result for his clients.”  Legal 500 UK 2023.

 

Alain is “a very good lawyer” and “has more than two decades of experience defending claims against a variety of professionals, including insurance brokers, accountants, surveyors, and estate agents.”

Legal 500 UK 2025

 

“Alain Orengo is excellent on professional indemnity and insurance coverage claims. He is a very good lawyer and is also good on the commercial and client-facing aspects” … “dedicated to his clients and always goes the extra mile. Alain is diligent and highly practical in the results he achieves for his clients.” Legal 500 2026

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