Instructions to act for or against lawyers have been the mainstay of the team’s caseload for as long as professional negligence has been a specialism within Chambers. As a result of this vast experience, many of Hailsham’s barristers are considered to be among the leaders in the field.
The expertise of Hailsham’s members is re-enforced by the fact that Solicitors’ Negligence and Liability, the bible for this specialist area, is co-authored and has chapters contributed by members of Chambers.
Hailsham’s barristers frequently appear in £multi-million claims and have been responsible for seminal judgments which have helped shape the law in this area. They have had significant experience of claims involving allegations ranging from outright fraud including conspiracy to breach trust, breach of fiduciary duty, and ordinary negligence.
Members of Chambers are also often instructed to advise on liability and coverage issues arising between lawyers and their insurers.
Our counsel have been instructed in many significant cases. Recent examples include:
- Joyce & Nugent v De Cruz Solicitors  EWHC 937 (Ch): application for permission to rely on without prejudice material in the context of an application against solicitors for a non-party costs order.
- Various Claimants v Giambrone & Law  EWCA Civ 1193: trial and subsequent appeal in claims for lost deposits when purchasing off plan properties in Italy, raising novel issues of compensation for breach of trust.
- Canada Square Operations Ltd v Kinleigh Folkard & Hayward Ltd  PNLR 3: successful defence at trial of a lender claim against a valuer raising issues of valuation of the borrower’s covenant under Nykredit.
- Waraich v Ansari Solicitors (A Firm)  PNLR24. Loss of chance: Stephen Bailey appears for defendant firm of solicitors ordered to pay only nominal damages in respect of the alleged loss of chance to bring underlying claims.
- Onlines v SBP Law (2014): an application for pre-action disclosure in the Commercial Court.
- Margaret Mark (2) Sherma Mark v South Bank Solicitors (2014): relief from sanctions.