4 New Square Chambers remains at the forefront of the professional negligence market. The set continues to be involved with Grenfell Tower litigation, with David Turner KC, Clare Dixon KC, Isabel Barter and Conor Ewing acting for the Royal Borough of Kensington and Chelsea in claims against contractors, architects and others. Ben Hubble KC, Justin Fenwick KC and Ben Smiley are involved in Abraaj v KPMG, a claim against the auditors of the high-profile Dubai-based emerging markets private equity house which collapsed in 2018. Hubble KC is also acting for the defendants in Afan Valley Ltd & Ors v Lupton Fawcett & Metis, alongside Michael Bowmer, Daniel Saoul KC and Pippa Manby; the case concerns a number of property investment schemes which entered into liquidation. Patrick Lawrence KC and Helen Evans KC are instructed on behalf of the defendant in Discovery Land v Axis, a case which raised questions on the extent of the coverage of solicitors’ insurers on the grounds of dishonesty on the parts of the insured solicitor. Scott Allen was instructed in Bratt v Jones, another case which went to the Court of Appeal concerning the test for valuers’ negligence.
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Profile
Position
Clare’s practice encompasses the following main areas: professional liability, disciplinary, insurance and commercial litigation. At the cross over of her insurance and professional liability work come cases involving professional indemnity policies. Clare has advised both insurers and insureds on a variety of issues including policy interpretation, non-disclosure and fraud. Clare believes in taking a tough but commercial approach to litigation and relishes advocacy in all its forms.
Notable cases include:
- Matthew v Sedman [2021] 2 WLR 1232: Supreme Court decision (Clare leading Nicholas Broomfield) regarding the calculation of the limitation period when the cause of action accrues at the stroke of midnight.
- FCA v Arch Insurance [2021] AC 649: Supreme Court decision regarding the recoverability of business interruption losses arising out of the COVID-19 pandemic.
- Allsop v Banner Jones Ltd [2021] 4 All ER 397: Court of Appeal decision considering the law of collateral attack.
- De Sena v Notaro [2020] EWHC 1031: Clare (leading Hannah Daly) acted for accountants who succeeded in dismissing a multimillion pound claim following a three week trial.
- Jenkins v JCP Solicitors [2019] PNLR 21: decision on the substitution of parties for the purposes of CPR 19.5.
- Avondale Exhibitions Ltd v Arthur J Gallagher Insurance Brokers Limited [2019] Lloyd’s Rep IR 104: successful defence of a claim against a broker for failure to disclose material facts to insurers.
- Costain v Tarmac Holdings Limited [2017] 1 Lloyd’s Rep 331: decision on the existence, and application, of an arbitration agreement in a construction contract;
- Impact Funding v Barrington [2017] AC 73: Supreme Court decision on the interpretation of the trade debts exclusion in professional indemnity policies; and
- Employers Liability Trigger Litigation [2012] 1 WLR 867: Supreme Court case concerning the proper interpretation of certain employers’ liability policies in mesothelioma cases.
Career
MA (Oxon). Called to the Bar in 2002. Silk 2021.
Memberships
PNBA, COMBAR, Chancery Bar Association, LCLBA, ARDL
Education
Leeds Girls High School; St Anne’s College, Oxford; President of the Oxford Union; Inns of Court School of Law (BVC).
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Testimonials
Collated independently by Legal 500 research team.
- 'Dennis Peck and Andy Call are model clerks in the old style, which is greatly appreciated by solicitors.'
- 'Dennis Peck, Lizzy Stewart and Andrew Call are all very impressive.'
- 'Dennis Peck is a star.'
- 'Their clerks are extremely helpful and are very contactable for any urgent work. The barristers recommended are always well suited to the case and work is always delivered on time.'
- 'Consistently excellent, and some strong juniors emerging through the ranks.'
- 'The clerks are responsive to queries and upfront on costs. They are always willing to talk through fee estimates and try to accommodate the client's requirements.'
- '4 New Square is an excellent set and a true leader in its field.'
- '4 New Square is easily the premier Professional Indemnity set. Great reputation and strength across the field of barristers.'