Chambers’ Professional Negligence Group acts for professionals and their insurers and claimants in every type of claim or other form of dispute involving professionals, whether the dispute is between claimant and professional, insurer and insured, or regulator and professional.
Members of Hailsham Chambers have appeared in the cases which have shaped the law relating to the liability of professionals over a long period: the Nationwide lender litigation at the end of the 1990s; the seminal cases which developed the law relating to loss of chance in the 2000s; many important limitation cases; the lender litigation which followed the onset of the 2008 financial crisis; the various cases exploring the full ambit of the Financial Ombudsman Service’s powers; the recent run of cases clarifying the law relating to breach of trust by professionals holding money in client account; further cases clarifying the law on ‘loss of chance’ in 2018-19, and numerous significant individual cases. Outside the courts, members of chambers also frequently appear in confidential arbitrations between professional indemnity insurers and their insureds or arbitrations between insurers.
The breadth of experience across all call bands permits chambers to service clients’ traditional litigation needs from the smallest complaint to an ombudsman, through to pre-action protocol letters of claim and response, to hearings in the county court, the High Court, Court of Appeal and Supreme Court. We often provide both leader and juniors for larger cases, and have the capacity within chambers to handle document-heavy disputes involving claims over £100 million.
Members of chambers also have expertise in relation to allied insurance and broking issues. Coverage issues are a staple feature of the work undertaken, as well as wider professional indemnity and other insurance disputes, and broker claims arising out of insurance difficulties. Hailsham can also offer advice and support in relation to business interruption claims and Directors and Officers’Liability. You can access our Insight articles on Business Interruption here.
Members of chambers are also skilled in assisting clients in less litigious dispute resolution environments, in particular mediations, where members act either as mediators or as constructive contributors to settlement. The Professional Negligence Group is also a supporter of the Adjudication Scheme and of the work of the PNBA and others in relation to it.
Members of Chambers also advise on and act in civil claims and regulatory proceedings arising out of practice management issues affecting professional entities, including cyber-security breaches affecting a firm’s, corporation’s or individual’s computer systems and data management responsibilities. For more information, please see our Cyber Law page.
Besides having the highest academic qualifications, members of the Professional Negligence Group pride themselves on being approachable to clients, commercially astute, well-prepared, and open-minded.