Professional liability

What sets us apart as leaders in professional liability work is a thorough understanding of those areas of law within which the professionals themselves operate.

At Wilberforce Chambers we combine dedicated experience in professional negligence with an impressive knowledge of contracts, trusts, tax, complex corporate structures and transactions, pension regulation, land law, financial services, construction law, intellectual property and insurance.

We aim to give clear, practical and realistic advice. This commitment to user-friendly service, combined with our rigorous approach to legal issues and strong advocacy skills, ensures that we stand out from the competition, particularly in complex and difficult cases. Our determination to get the best for our clients also means that we seek to be closely involved in all aspects of the litigation process, from the earliest stages to the ultimate determination, helping to review the best options at each step. In addition, many of our members are trained mediators and arbitrators who can assist in settling disputes without the requirement for potentially costly court litigation.

Our members’ experience encompasses a wide variety of professional negligence work, including claims against solicitors, barristers, accountants, auditors, actuaries, construction professionals (including engineers, architects, surveyors and project managers), finance practitioners (including tax and pension advisers), company directors and insurance brokers.

Our members offer expert advice and advocacy in relation to a wide range of professional liability and disciplinary issues.

Our work includes:

  • Advising on the merits of potential proceedings.
  • Advising on pre-action protocol letters.
  • Drafting statements of case setting out the client’s case.
  • Advising on the content of, and settling reports to, insurers, ensuring that the costs and consequences of the various options are evaluated.
  • Appearing at interlocutory hearings.
  • Advising on evidence, tactics, merits and settlement.
  • Advising on the content of, and settling, witness statements.
  • Liaising with experts and helping them to express their opinions clearly in reports.
  • Advising on Mediation Statements and appearing at mediations.
  • Appearing at trials and subsequent appeals.

We also have experience in dealing with regulatory issues in relation to a variety of different professional bodies.

Rankings and recognition

Wilberforce is ranked as a leading professional negligence set in both Chambers & Partners and The Legal 500.

Chambers & Partners 2023: Wilberforce Chambers can bring to bear deep expertise in a wide range of professional negligence claims, acting for both defendants and claimants. The set is frequently sought out for solicitors’ liability claims and matters involving financial services professionals, often complicated by fraud elements. Property-related work is a strong suit, and the barristers are an obvious choice for negligence claims concerning the more complex of conveyancing matters, or major development projects. Members continue to act in matters of considerable size and importance, notably Aurium Real Estate London Ultra Prime v Mishcon de Reya, in which Ian Croxford KC represented the successful respondent.

The Legal 500 2023: Wilberforce Chambers is well-regarded for the set’s user-friendly service and rigorous approach to legal issues when it comes to their professional negligence work, which encompasses claims against solicitors, barristers, accountants, auditors, actuaries and construction professionals. Ian Croxford KC has acted for and against professional firms in connection with substantial litigation, alongside work connected with accountants and solicitors. John Wardell KC has a busy practice, with defence work focused on claims brought against members of the Bar and patent attorneys. Clare Stanley KC has a practice focused on claims against solicitors and accountants, and is well known in acting in cases relating to trust, tax and restructuring matters.

Chambers & Partners Bar Awards 2022: Ian Croxford KC shortlisted for Professional Negligence Silk of the Year.

Notable cases

Yee Shi Yin & Others v 174 Solicitors Limited [2023]

A claim by multiple purchasers of off-plan units in city centre blocks against the vendor’s solicitors for having paid away moneys held as stakeholder.

Aurium Real Estate London Ultra Prime Ltd v Mishcon de Reya LLP [2022]

A significant 15-day trial involving allegations of negligent legal advice in relation to a proposed development project in central London. One of The Lawyer’s Top 20 cases of 2022.

Persimmon, Taylor Wimpey v Osborne Clarke [2021]

A heavy multi-million pound claim by Persimmon PLC and Taylor Wimpey against former solicitors Osborne Clarke for failing to draft option agreements in a way that avoided foreseeable loss.

BASF Corporation v Carpmaels and Ransford [2021]

A substantial claim brought against Carpmaels and Ransford, patent attorneys, which centres round the Defendant’s failure to file a notice of appeal against the revocation of a patent for an emission reduction system to be used in diesel engine worldwide.

Barrowfen Properties Limited v Patel and others [2020]

A claim against, inter alia, a firm of solicitors for negligence, deceit and unlawful means conspiracy to procure the entry of the claimant into administration.

Financial Services Compensation Scheme Ltd and others v Estera Corporate Trustees (Guernsey) Ltd [2020]

A high-value trusts dispute arising from the insolvency of the Freedom Bay property development scheme in St Lucia. The case raised important legal questions about trustees’ ability to rely on investors’ contributory negligence as a defence.

N v RBS [2019]

Complaint brought by N (whose identity is anonymised) that the bank acted in breach of its duty of care/mandate in freezing its accounts and then terminating the banking relationship with immediate effect. One of The Lawyer’s Top 20 cases of 2019.

David Roberts Art Foundation Ltd v Marlene Riedweg [2019]

Acting for the vendor of land, a charity, in respect of a contract for the sale of land for over £8m which the defendant failed to complete.

Tiuta International Ltd (in Liquidation) v De Villiers Chartered Surveyors Ltd [2019]

Professional negligence Supreme Court case against valuers, who made an early summary judgment application which turned on the proper application of the ‘but for’ test of causation.

Caliendo v Mischcon de Reya [2015]

Acting for the solicitors in a claim in relation to sale of Queen’s Park Rangers to Flavio Briatore and Bernie Ecclestone. One of The Lawyer’s “Top 20” cases of 2015.

Symrise v Baker McKenzie [2015]

A professional negligence claim arising out of the Mexican tax implications of a highly leveraged acquisition by a private equity fund.

Earl of Cardigan v Moore [2012]

High profile action by the Earl of Cardigan against trustees of the Savernake Estate.

AG of Zambia v Meer Care Desai & Others

A case involving issues were whether the defendant firm was a sole practitioner or a partnership and whether the purported partner was vicariously liable.

MG Rover Collapse

Claim against Deloittes arising from the collapse of The MG Rover Group.

Sea Containers Pension Schemes

Professional liability claim arising from alleged failed equalisation of the scheme.

Insights View all thought leadership

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    Recent Cases

    Jonathan Seitler KC acted for the successful Respondent in the Court of Appeal in Yee Shi Yin & Others v 174 Solicitors Limited

    Professional liability, Property

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