• Clerks: 020 7643 5000
  • MENU
  • Our People
  • Barristers
  • Clerks & Chambers Management
  • Our Expertise
  • Professional Liability
  • Medical law
  • Costs litigation and financing
  • Commercial Disputes
  • Personal injury
  • Regulatory & Disciplinary
  • ADR
  • Join Us
  • Pupillage
  • Mini-pupillage
  • Tenants
  • Clerks & Chambers Management
  • Resources
  • News
  • Events
  • Mailing List
  • About Us
  • About Chambers
  • History
  • Instructing Us
  • Equality & Diversity
  • Privacy
  • Contact us
  • Our People
    • Barristers
    • Clerks & Chambers Management
  • Our Expertise
    • Professional Liability
    • Medical law
    • Costs litigation and financing
    • Commercial Disputes
    • Personal injury
    • Regulatory & Disciplinary
    • ADR
  • Join Us
    • Pupillage
    • Mini-pupillage
    • Tenants
    • Clerks & Chambers Management
  • Resources
    • News
    • Events
    • Mailing List
  • About Us
    • About Chambers
    • History
    • Instructing Us
    • Equality & Diversity
    • Privacy
  • Contact Us

Professional Liability

Professional Liability

Chambers’ Professional Liability 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.

Over many years members of Hailsham Chambers have appeared in the cases which have shaped the law relating to the liability of professionals.  The breadth of experience across all call bands permits chambers to service clients’ dispute resolution 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.

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.

READ MORE

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 leaders in this field.

The expertise of Hailsham’s members is re-enforced by the fact that The Law of Solicitors' Liabilities, the bible for this specialist area, is co-authored by William Flenley KC of Hailsham Chambers and has chapters contributed by members of Chambers.

Hailsham’s barristers frequently appear in £multi-million claims and have been responsible for seminal judgments 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 [2019] 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 [2017] 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 [2015] 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) [2019] 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.

Hailsham Chambers offers particular expertise relating to claims against financial professionals, be they actuaries, IFAs, banks or product providers.

Members of chambers at all levels of call are equipped to handle the diverse and challenging issues presented by such claims.

Counsel’s experience covers the full spectrum of dispute resolution in this area including: 

  • referrals to the Financial Services Ombudsman
  • advice as to the legality and enforceability of the Ombudsman’s decisions
  • judicial review of the decisions of the Ombudsman 
  • claims against IFAs and other financial services professionals, ranging from small scale actions in the County Court to complex group actions in the High Court.  
  • claims involving alleged mis-selling of investment products and tax schemes, including those with an international aspect
  • claims involving issues of vicarious liability and in particular the liability of rogue agents
  • claims against financial service professionals in relation to pension schemes, trusts and pension transfers
  • claims against actuaries.

Members of the Hailsham team have great experience of claims arising from the work of surveyors and valuers in a range of contexts including: 

  • failures to detect specific defects
  • overvaluations
  • reporting errors  
  • fraud 
  • lenders’ claims 
  • contribution claims between valuers/surveyors and solicitors or accountants or other professionals  
  • coverage disputes between surveyors and valuers and their insurers.

Members act frequently for and against accountants and auditors in High Court claims and before a variety of disciplinary bodies.

With particular expertise in cases involving breach of duty (including breach of accountancy standards), Counsel have been involved in cases about the failure to give appropriate, taxation or investment advice and failures to detect fraud or in relation to company restructuring.

Members of Hailsham's Professional Liability Group are specialists in the full range of construction and engineering claims concerning construction professionals.  Our members have experience in complex, multi-party and high-value disputes including claims against architects, engineers (civil, structural, and geotechnical), quantity surveyors, project managers and design and build contractors. Our experience spans bringing and defending claims in adjudication, arbitration and the Technology and Construction Court.

Members of Chambers have acted for or against insolvency practitioners and LPA receivers in many High Court claims, including where receivers are alleged to have failed to realise the true value of assets following bankruptcy or corporate insolvency. Counsel also have substantial experience of coverage disputes between insolvency practitioners and their insurers, including in cases where dishonesty is alleged against the insured.

Members of Chambers advise extensively on liability issues relating to professional trustees in many jurisdictions. 

Barristers at Hailsham act for or against insurance brokers where there are allegations of breach of duty, including failures to select appropriate cover or to advise as to the scope and limitations of cover under different policies, failures to obtain the necessary information from clients or to give appropriate advice on disclosure of material facts, and the failure to give notice of claims.

Hailsham Chambers acts for Directors, Officers, Trustees, Companies and their Insurers, across a range of industries, in relation to D&O insurance issues including breach of duty and of covenant, breach of trust, negligence and wrongful trading/Insolvency Act claims. We have experience of the wide range of claims which often arise including: improperly diverting business to a competitor, poaching, shadow directors, s.994/unfair prejudice claims, questionable payments and disputes about share purchase agreements/M&A. We work closely with experts in valuation and forensic accountancy. We can also assist in claims relating to health & safety, pensions liabilities and regulatory issues.  Furthermore, our insurance expertise means we are particularly well placed to assist in resolving the coverage disputes which often arise in this line of business.

For many years Hailsham has advised insurers and insureds about coverage issues. More senior members often sit as arbitrators in such disputes (frequently where a solicitor or accountant is the insured). The team is well versed in the intricacies of interpreting policy wording, whether and to what extent notifications are effective, fraud, successor insurance and co-insurance issues, as well as aggregation issues in more complex or high value disputes. We help insureds develop and implement strategies to resolve difficult coverage problems and lead market meetings amongst different insurers to agree common strategies. We advise those looking to bring large claims against insureds about insurance issues and have acted in many Third Parties (Rights Against Insurers) 2010 Act claims. In all this, we are fortified by our deep knowledge of underlying professional liability claims and our knowledge of how the insurance market actually works. Hailsham can also offer advice and support in relation to Directors' and Officers’ Liability claims and we are engaged in a number of Covid Business Interruption claims.

Members of Chambers are skilled in assisting clients in a range of dispute resolution environments, including arbitration and mediations, where members act either as mediators or as constructive contributors to settlement.  The Professional Liability Group is also a supporter of the PNBA Adjudication Scheme and indeed members were closely involved in its formulation and launch.  

Select another practice area

"A pleasure to work with. Lots of excellent counsel in the professional negligence field"

Legal 500, 2022

"The set is generally excellent. They have particular expertise in solicitors negligence."

Legal 500, 2024

"Hailsham Chambers have a long-established pedigree in professional negligence claims. They are also very willing to offer training to our firm on relevant areas of interest and new cases. They are quick to publish a case note on new decisions of interest."

Legal 500, 2024

"Hailsham are my go-to chambers. They are great to work with. The clerks are always courteous, helpful, and fast. The barristers are always good quality, pleasant to work with, with realistic and up-front pricing."

Legal 500, 2024

"Very capable in claims against solicitors and works collaboratively."

Legal 500, 2023

"Specialist in their field and cover all required areas. good choice and variety of experience and always able to provide clear recommendations."

Legal 500, 2023

"Hailsham covers the full spectrum of professional liability work and its clerks are knowledgeable and always able to provide guidance if this is required. You are always kept up to date with fees and time estimates and really feel like you are working in a partnership with them."

Legal 500, 2023

"Everyone from the receptionist to the KCs is extremely nice and very helpful, and the chambers as a whole is just a pleasure to deal with."

Chambers UK, 2022

"a premier set for professional negligence and liability work, offering suitable high-calibre counsel"

Legal 500, 2022

"Always delivers a high class service in a user friendly way"

Legal 500, 2022

"A pleasure to work with. Lots of excellent counsel in the professional negligence field"

Legal 500, 2022

"The set is generally excellent. They have particular expertise in solicitors negligence."

Legal 500, 2024

"Hailsham Chambers have a long-established pedigree in professional negligence claims. They are also very willing to offer training to our firm on relevant areas of interest and new cases. They are quick to publish a case note on new decisions of interest."

Legal 500, 2024

"Hailsham are my go-to chambers. They are great to work with. The clerks are always courteous, helpful, and fast. The barristers are always good quality, pleasant to work with, with realistic and up-front pricing."

Legal 500, 2024

"Very capable in claims against solicitors and works collaboratively."

Legal 500, 2023

"Specialist in their field and cover all required areas. good choice and variety of experience and always able to provide clear recommendations."

Legal 500, 2023

"Hailsham covers the full spectrum of professional liability work and its clerks are knowledgeable and always able to provide guidance if this is required. You are always kept up to date with fees and time estimates and really feel like you are working in a partnership with them."

Legal 500, 2023

"Everyone from the receptionist to the KCs is extremely nice and very helpful, and the chambers as a whole is just a pleasure to deal with."

Chambers UK, 2022

"a premier set for professional negligence and liability work, offering suitable high-calibre counsel"

Legal 500, 2022

"Always delivers a high class service in a user friendly way"

Legal 500, 2022

"A pleasure to work with. Lots of excellent counsel in the professional negligence field"

Legal 500, 2022

King’s Counsel (KCs)

Nicola Rushton KC

Call: 1993 | Silk: 2018
Head of Chambers

Nicholas Davidson KC

Call: 1974 | Silk: 1993
Deputy Head of Chambers

David Pittaway KC

Call: 1977 | Silk: 2000

Julian Picton KC

Call: 1988 | Silk: 2010

William Flenley KC

Call: 1988 | Silk: 2010

Alexander Hutton KC

Call: 1992 | Silk: 2012

Jamie Carpenter KC

Call: 2000 | Silk: 2020

Simon Howarth KC

Call: 1991 | Silk: 2022

Simon Wilton KC

Call: 1993 | Silk: 2024

Juniors (10+ years call)

Matthew Jackson

Call: 1986

Francis Bacon

Call: 1988

Clare Price

Call: 1988

Nicholas Peacock

Call: 1992

Sarah Christie-Brown

Call: 1994

Catherine Ewins

Call: 1995

Dan Stacey

Call: 1996

Eva Ferguson

Call: 1999

Heather McMahon

Call: 1999

Joshua Munro

Call: 2001

Margaret Griffin

Call: 2004

Imran Benson

Call: 2005

Alice Nash

Call: 2006

Henry Bankes-Jones

Call: 2004

Niamh O’Reilly

Call: 2007

Stephen Bailey

Call: 2006

David Juckes

Call: 2008

Justin Meiland

Call: 2010

Nicholas Pilsbury

Call: 2008

Thomas Crockett

Call: 2009

Nicola Campbell-Clause

Call: 2010

Richard Anderton

Call: 2010

Clementine Coram James

Call: 2012

Alicia Tew

Call: 2012

David Story

Call: 2012

Jake Coleman

Call: 2013

Michael Patrick

Call: 2014

Clare Elliott

Call: 2015

Juniors (10- years call)

Alexander Echlin

Call: 2017

Lucile Taylor

Call: 2018

Tom Stafford

Call: 2018

Christopher Cooke

Call: 2018

Joe Docherty

Call: 2019

Bramble Badenach-Nicolson

Call: 2019

Thomas Phillips

Call: 2021

Connor Jones

Call: 2021

In the News

22/05/25

URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21

The Supreme Court decision may disappoint some for the conclusion that it was not necessary to decide whether Pirelli General Cable Works Ltd v Oscar Faber & Partners [1983] 2 AC 1 should be overturned, but will surely be followed by intense concentration in professional liability cases on questions of causation and mitigation.

09/05/25

Bratt v Jones [2025] EWCA Civ 562

Q: “What does a claimant have to prove to show that a valuer was negligent?”

A: “Exactly what you always thought had to be proven. But maybe that’s wrong.”

Nicholas Pilsbury considers the Court of Appeal’s judgment in this interesting case, which suggests that the law in this area may soon change.

17/04/25

Orchard v Dhillon [2025] EWHC 834 (Ch)

Contrary to the earlier decision in InnovatorOne, the High Court has held in Orchard v Dhillon [2025] EWHC 834 (Ch) 

04/04/25

Yerbury v Azets Holdings Ltd [2025] EWHC 757 (KB)

Alice Nash considers the decision, which confirms that professional firms offering insolvency services are not vicariously liable for the acts and omissions of employees accepting appointments as Receivers, as they act in a personal capacity rather than in the course of their employment.

View all Professional Liability News & Updates
  • Our People
  • Barristers
  • Clerks & Chambers Management
  • Our Expertise
  • Professional Liability
  • Medical law
  • Costs litigation and financing
  • Commercial Disputes
  • Personal injury
  • Regulatory & Disciplinary
  • ADR
  • Join Us
  • Pupillage
  • Mini-pupillage
  • Tenants
  • Clerks & Chambers Management
  • Resources
  • News
  • Events
  • Mailing List
  • About Us
  • About Chambers
  • History
  • Instructing Us
  • Equality & Diversity
  • Privacy
  • Contact us

Regulated by the

  • Privacy |
  • Cookies |
  • Site by Sears Davies