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 de facto text for this specialist area, was 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 of negligence arising from: breach of trust, breach of duty, dishonesty, loss of chance and wasted costs.
Members of Chambers are also often instructed to advise on limitation, liability and coverage issues arising between lawyers and their insurers.
Hailsham’s counsel have been instructed in many significant cases. Recent examples include:
- 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.
- Santander v RA Legal  EWCA Civ 183, breach of trust and s.61 relief.
- Nationwide Building Society v Davisons  PNLR 12, Court of Appeal authority on claims against solicitors in both breach of trust and breach of contract.
- Berney v Thomas Saul & Co Solicitors  EWCA Civ 640, limitation in relation to a lost litigation claim which was settled at an undervalue.
- Hellard v Irwin Mitchell  PNLR 8, a decision as to waiver of privilege involving barristers.