Members of Chambers’ professional negligence group act for insured and uninsured professionals, insurers and claimants in every type of claim involving professionals. Whether the dispute is between insurer and insured, claimant and professional, or regulator and professional, members of chambers are found on both sides in most significant professional negligence cases. Besides having the highest academic qualifications, we are approachable to our clients, commercially astute, well-prepared, and open-minded.
Members of Hailsham Chambers have appeared in the cases which have shaped the law relating to the liability of professionals over recent years: the Nationwide lender litigation at 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; and numerous significant individual cases. Outside the courts, members of chambers frequently appear on both sides in very high value confidential arbitrations between professional indemnity insurers and their insureds.
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 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 at Hailsham Chambers is a supporter of the Adjudication Scheme and of the work of the PNBA and others in relation to it. Some members have already been involved with the Pilot Scheme, having acted as adjudicators, and all members have taken a close interest in its development.
In addition Hailsham Chambers has the capacity to advise on and act in civil claims and regulatory proceedings arising out of a cyber security breach of a firm, corporation or individual’s computer system. For more information, please see our Cyber Law page