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Clyde & Co LLP

3140 ROWAN PLACE, OXFORD BUSINESS PARK SOUTH, OXFORD, OX4 2WB, ENGLAND
Tel:
Work 01865 336 600
Fax:
Fax 01865 336 611
Email:
Web:
www.clydeco.com
Aberdeen, Abu Dhabi, Atlanta, Beijing, Brisbane, Bristol and 46 more

Tony Nurse-Marsh

Tel:
Work 01865 336629
Email:
Web:
www.clydeco.com/people/profile/tony-nurse-marsh
Clyde & Co LLP

Position

Tony is the Managing Partner of the Oxford Office and a member of the Professional Indemnity Regional Board.

Tony advises on claims in relation to solicitors, construction professionals (including architects, engineers, quantity surveyors and contractors), accountants, directors and officers/corporates, financial consultants, IT consultants, surveyors, brokers and other professionals. Tony also advises extensively on emerging markets cases and coverage disputes, and has built up an expertise in dealing with fire related cases.

Tony has recently been admitted to the Legal 500 Hall of Fame in relation to Professional Indemnity.

Experience:

  • Our client is a Property Agent specialising in property investment and asset management. They negotiated the acquisition of three substantial commercial properties for £22m at the end of 2007. The properties subsequently fell in value after the property crash in 2008 and the Claimant brought a claim for negligent misrepresentation right at the end of primary limitation seeking damages of £9,000,000, representing the difference between the purchase price and what it alleges our client represented that the properties would be worth in the future.                                                                                                                     We struck out the claim on the basis it was flawed and raised no valid cause of action. The Claimant was forced to amend its claim to bring a traditional action in negligence. It then claimed that but for the alleged negligent advice as to their future value it would not have acquired the properties and sought damages of £7.6m inclusive of interest. We maintained a full denial of the claim and settled on very successful terms at a mediation, at which the Claimant was represented by a QC.

  • Our clients were an IT company supplying services to the Claimant, a large housing trust and one of its directors. The Claimant alleged that the director paid bribes and kickbacks to a member of the IT team so that he would allow the company to render fraudulent invoices and otherwise overcharge the Claimant.                                                                                                               The Claimant obtained ex-parte a Freezing Order against the director and a Prohibitory Injunction against the company in relation to the IT systems. We were instructed to act the day after the injunctions were obtained with the initial return date fixed for 6 days later. At the first return date we were successful in persuading the Court that the Prohibitory Injunction should not be continued and that the director should have permission at any time to apply to discharge the Freezing Order.                                                                                                      We later successfully applied to discharge the Freezing Order on the basis that the Claimant had not established a good arguable case of dishonesty in relation to the majority of the claim and there was no real risk of dissipation thereby dealing a significant blow to the Claimant's case coverall. The remainder of the case was settled on favourable terms at mediation.

 

  • Acting for the insurers of a solicitors firm, liable in an undertaking claim, in a successful recovery action. The case resulted in a trial in 2011 in which substantial damages and costs were awarded against the defendant. The judgment of Mr Justice Lewison is now a leading judgment in the area of economic torts. In addition, a worldwide freezing injunction was obtained during the trial.

 

Career

Slaughter & May

Bristows

Freshfields

Henmans

Barlow Lyde Gilbert

Clyde & Co

Member

MA Oxon (First Class)

LLM Advanced Litigation (Distinction)

Higher Court Advocate (Civil)

PNLA


South East: Insurance

Professional negligence

Within: Leading individuals

Tony Nurse-Marsh - Clyde & Co LLP

Within: Professional negligence

Clyde & Co LLP's clients are quick to praise the professional negligence practice for its 'top-quality performance; its service regularly exceeds clients' expectations and solutions always take into account technical and pragmatic considerations'. The team in Oxford, which forms part of the firm's industry-leading national practice, handles the full range of professional negligence cases involving all major professions, including financial advisers, construction professionals, and lawyers. Tony Nurse-Marsh ('sharp as a knife and uncannily insightful') heads the regional practice and has wide-ranging expertise in claims involving  solicitors, construction professionals and accountants, among other professionals; he also handles cases involving emerging markets, coverage disputes, and fire-related cases. Other key figures include Clive Brett, who regularly acts for solicitors in regulatory investigations; Jim Taylor, who heads the Oxford team's dedicated claims handling unit; and Katherine Gregory, who has extensive experience in construction-related cases.

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