Resources

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.

06/05/25

Limitation: When does time start to run?

Dan Stacey, Clare Elliott and Christopher Cooke have written a long note about limitation – and in particular “when does time start to run”.

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.

21/03/25

Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10

Clare Price considers this recent decision in which the Supreme Court was asked to revisit the role of causation in a fiduciary’s duty to account for profits made in breach of duty.

14/03/25

Bartolomucci v Circle Health Group Limited [2025] EWHC 529 (KB)

Alexander Hutton KC and Justin Meiland consider this important decision regarding private medicine in which the Court dismissed the Claimant’s argument that the hospital group should be contractually liable for medical services provided by consultants.

13/03/25

Evans v Hughes Fowler Carruthers Ltd

Nicholas Davidson KC and Clare Parkhouse consider this unusual summary judgment case in which Adam Johnson J upheld the arguability of a solicitor’s ‘Gold v Mincoff’ duty

14/02/25

Roger Leggett & Others v American International Group UK Limited [2025] EWHC 278 (Comm)

Questions of suing the right defendant and indemnity coverage can be slippery where there has been a business transition between successive professional practices.

11/02/25

Barrowfen Properties Ltd v. Patel [2025] EWCA Civ 39

When a claimant has lost a valuable chance but the breach of duty happens to have conferred a benefit on the claimant, how do you do the arithmetic?

10/02/25

Bailey v Bijlani

A judge has permitted a claimant in a dental negligence action to recover against the credit card company whose card she used to purchase the treatment.

06/02/25

Norman Hay v Marsh Ltd

The Court of Appeal have clarified the law on loss of a chance in professional negligence cases generally and insurance brokers cases particularly.

24/01/25

Alexander Hutton KC and Thomas Mason appear in Topalsson GmbH v CMS Cameron Mckenna Nabarro Olswang LLP [2025] EWHC 118

06/01/25

A Bridge Too Far? Imposter Fraud, Bridging Finance and Summary Judgment

The 2010s saw a decade of litigation concerning the trust imposed on solicitors holding money on client account and the circumstances when those solicitors will be liable for breach of trust when that money goes missing (usually because it is paid to an imposter).

04/12/24

Melia v Tamlyn & Son Ltd [2024] EWHC 3002 (Ch)

The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.

02/12/24

Introducing Hailsham: Pupillage Evening 2025

Prospective applicants are invited to join members and clerks from Hailsham Chambers for an informal drinks evening. Get to know us, our areas of expertise, and how our pupillages are structured.

29/11/24

Thank you, Michael!

Chambers is sad to announce that Michael will retire from the Bar on 1 March 2025. We look forward to thanking him for his enormous contribution to Chambers at an event in spring 2025

15/11/24

Chambers and Partners Bar Awards - Professional Negligence Set of the Year!

We are delighted to share that Hailsham Chambers has been named Professional Negligence Set of the Year at the Chambers and Partners Bar Awards.

13/11/24

Riedweg v HCC

When an insurer is sued by a claimant under the Third Parties (Rights Against Insurers) Act 2010

05/11/24

Scotland Gas Network PLC v QBE UK Ltd

The Scottish courts have now authoritatively determined that for the purposes of the Third Parties (Rights Against Insurers) Act 2010

04/11/24

KVB v Jacobs Hopkins McKenzie

Simon Howarth KC and Lucile Taylor have obtained permission to appeal to the Supreme Court in the case of KVB v Jacobs Hopkins McKenzie.

04/11/24

Welcome to our new Head of Operations, Camilla Avery

We are thrilled to introduce Camilla Avery as our new Head of Operations.

31/10/24

Michael Patrick Joins the Cost Group

We are thrilled to announce that Michael Patrick has joined our Costs Group.

23/10/24

Menzies v Oakwood

“Payment” for the purposes of s.70 of the Solicitors Act 1974 requires an agreement to pay the sum specified in the bill [, rules the Supreme Court]

04/10/24

Williams-Henry v Associated British Ports

What are the duties of claimants’ lawyers once a defendant serves evidence of fundamental dishonesty?

16/09/24

Secondary Victim Claims: the Common Law Restated?

David Pittaway KC 's and Thomas Crockett's article published in the most recent edition of the Journal of the Malaysian Judiciary.

10/09/24

Welcome new pupils - Tomas McCabe and Oliver Brewis

A big welcome to our new pupils, Tomas McCabe and Oliver Brewis.

06/08/24

Welcome to our new Junior Clerk Carrigan Beavan

We are delighted to welcome our new Junior Clerk Carrigan Beavan!

17/07/24

Congratulations to our Pupils who have been offered tenancy.

We are proud to announce that our Pupils, Clare Parkhouse and Amy Chapman, have been offered tenancy upon completing their pupillage.

09/07/24

Hailsham have been shortlisted for 11 awards at The Legal 500 Bar Awards 2024.

We are delighted to have been shortlisted for 11 awards at The Legal 500 Bar Awards 2024.

17/06/24

D&O Claims Case Update: BHS Liquidators Succeed in D&O Claim against former directors

Last week there was a substantial D&O judgment dealing with wrongful trading and misfeasance in the BHS litigation. What do practitioners need to know?

14/05/24

Norman Hay v Marsh

In a brokers’ negligence claim, when is causation decided on the balance of probabilities and when is a loss of a chance analysis appropriate?

09/05/24

Nicola Rushton KC has been appointed new Head of Chambers

Hailsham Chambers are delighted to announce that Nicola Rushton KC has been appointed Head of Chambers and Nicholas Davidson KC Deputy Head of Chambers.

30/04/24

Welcome Lewis Merison our new Junior Clerk

We are thrilled to welcome our newest Junior Clerk Lewis Merison.

18/04/24

Hailsham Chambers welcomes new tenant

Hailsham Chambers is delighted to announce that Thomas Mason has become our newest tenant.

16/04/24

Lonsdale and ors v Wedlake Bell and ors [2024]

White v Jones principle may extend to the beneficiaries of a living settlor – Alice Nash on Lonsdale v Wedlake Bell

12/04/24

Irwin Mitchell Trust Corporation v PW

Nicholas Davidson KC considers how professionals may want to profit from cross-selling services, but fiduciaries should beware.

20/03/24

Hadly v Przybylo

Are the costs of fee earners attending rehabilitation meetings recoverable?

12/03/24

Inflation and the Quantum of General Damages for PSLA

Thomas Crockett considers the latest edition of the Judicial College Guidelines which shed some light on the topical question of the effect inflation should have on the quantum of general damages.

11/03/24

Non-party costs orders and credit hire

Stephen Bailey appeared for the successful respondent, Esure Limited, on an appeal to the High Court of a non-party costs order made against Kindertons, a credit hire company.

22/02/24

No responsibility is different to diminished responsibility

Dominic Nolan KC considers the Court of Appeal decision of 20 February 2024 in Lewis-Ranwell v G4S Health Services and others

05/02/24

Miller v Irwin Mitchell LLP

The Court of Appeal’s judgment in Miller v Irwin Mitchell LLP [2024] EWCA Civ 53, handed down on 1 February 2024.

19/01/24

Simon Wilton to be appointed King’s Counsel

Hailsham Chambers is proud to announce that Simon Wilton will be appointed King's Counsel.

11/01/24

A medical crisis is not an accident

Dominic Nolan KC considers the Supreme Court decision in Paul v Royal Wolverhampton NHS Trust

20/12/23

The University of Exeter v. Allianz Insurance PLC

In this case note Nicholas Davidson KC discusses The University of Exeter v Allianz insurance PLC.

13/12/23

Farewell to Michael Kilbey

We are very sad to announce that, after more than 41 years with us, our Deputy Senior Clerk Michael Kilbey has decided to leave Chambers.

11/12/23

Introducing Hailsham: Pupillage Evening

Prospective pupillage applicants are invited to join members and clerks from Hailsham Chambers for our informal drinks evening.

08/12/23

King v DWF LLP

Simon Howarth KC analyses the decision of Henshaw J in the extraordinary case of King (and others) v DWF LLP (and others).

04/12/23

Churchill v Merthyr Tydfil BC – ADR by court order

Dominic Nolan KC examines the recent decision in Churchill holding that the court has power to force parties to use ADR.

01/12/23

Tui v Griffiths

A Supreme Court restatement that a fair trial requires any challenge to evidence to be by cross examination. Dominic Nolan KC explores the judgment and its implications.

01/12/23

Primeo Fund v Bank of Bermuda

Thomas Phillips outlines the key elements of this important Judicial Committee of the Privy Council judgment

29/11/23

Chestnuts Old and New

Nicholas Davidson KC picks up on a principled argument for alighting on the Judgments Act rate of interest for a period before judgment.

16/11/23

Canada Square Operations Ltd v Potter

The Supreme Court's decision provides welcome clarity regarding key parts of section 32 of the Limitation Act 1980.

13/10/23

Cyber Security

We are pleased to announce that Hailsham has been awarded a Certificate of Assurance for Cyber Essentials Plus.

05/10/23

Reassurances, Assurances or Uncertainties?

Simon Howarth KC discusses the CoA's review of R (Assurant) V FOS [2023] EWCA Civ 1049

04/10/23

Diag Human v Volterra Fietta

The Court of Appeal dismisses the solicitors’ appeal in Diag Human v Volterra Fietta.

03/10/23

Fixed Recoverable Costs

The new Fixed Recoverable Costs regime came into force on 1st October, fundamentally changing the landscape for many clinical negligence, personal injury and commercial claims.

18/09/23

Welcome to our newest tenant - Lewis Dunsmure!

We are delighted to announce that Lewis Dunsmere has joined Hailsham as a tenant

18/09/23

Welcome new pupils - Clare Parkhouse and Amy Chapman!

A warm welcome to our new pupils Clare Parkhouse and Amy Chapman.

04/09/23

RSA v. Tughans [2023] EWCA Civ 999

The Court of Appeal has just decided an important case on professional indemnity insurance, RSA v Tughans.

13/07/23

Legal 500 Bar Awards 2023

We are proud to announce that Hailsham Chambers has been nominated for four Legal 500 2023 Bar Awards.

06/07/23

Hailsham Chambers welcomes new Junior Clerk

Welcoming Charlie Holme to the Hailsham Chambers Clerking team!

06/07/23

Simon Howarth KC acts in new case relating to s.39 FSMA

Simon Howarth KC represented the 12th Defendant in KVB v Jacob Hopkins McKenzie

03/07/23

Developments in solicitor-client costs disputes

The recent ECJ decision in DV v MA may have an important impact on Solicitors Act detailed assessments.

30/06/23

Hailsham welcomes new tenant

Following the successful completion of his pupillage Connor Jones joins Hailsham Chambers

15/06/23

LMN (A Protected Party) and OPQ v DAS

We are pleased to report that Dominic Nolan KC and Clare Elliott, acted for the successful Australian claimants who had each suffered very severe injury as a consequence of a road accident occurring in England

14/06/23

4th Edition of Friston on Costs is out now!

We are so excited to have received the first copies of the 4th Edition of Friston on Costs!

13/06/23

Bilal and Malik v St George’s University Hospital NHS Trust [2023]

Andrew Post KC examines the Court of Appeal's judgment on Bilal and Malik v St George’s University Hospital NHS Trust [2023] EWCA Civ 605.

09/05/23

Judicial Exemption to Personal Data Access: X v (1) Transcription Agency (2) Master James

In the case of X v (1) The Transcription Agency (2) Master James, handed down on 9th May 2023

03/05/23

Tax Schemes and Tax Counsel: Can the Investor Sue in Relation to the Opinion?

Simon Howarth KC examines the Court of Appeal judgment in McLean v Thornhill

28/04/23

Practico Costs Round Table with Andrew Post KC, Andy Ellis and Jeremy Morgan KC

In this latest costs chat with Practico, our very own Andrew Post KC joins Andy Ellis and Jeremy Morgan KC discuss the following topics:

25/04/23

Hailsham Chambers welcomes costs specialist Thomas Mason

We are delighted to announce that Thomas Mason has joined Hailsham Chambers.

11/04/23

Oxford Property Investments Limited v Sapphire Developments Solihull Limited & Anor

In this article, Tom Stafford discusses the recent High Court decision of Oxford Property Investments Limited v Sapphire Developments Solihull Limited & Anor [2023] EWHC 624 (Comm), in which the court struck out a loss of profits claim against a firm of solicitors.

03/04/23

Solicitors’ Professional Indemnity Insurance – When does one partner ‘condone’ the dishonest conduct of another partner?

The Commercial Court has today handed down judgment in Discovery Land v AXIS.

31/03/23

Section 14A and knowledge of attribution: Witcomb v J Keith Park Solicitors [2023] EWCA Civ 326

A personal injury claim is settled. Later, the claimant’s condition dramatically worsens in ways not anticipated in the settlement. At what point must the Claimant decide to sue his legal advisers for under-settling his claim?

21/03/23

Will the decision in Maguire mark the beginning of a shift in the application of Article 2 in healthcare inquests?

Eleven years on from Rabone: will the Supreme Court’s decision in Maguire mark the beginning of a shift in the application of article 2 to inquest healthcare cases...

17/03/23

Alternative Dispute Resolution

David Pittaway KC spoke at and co-chaired a Westminster Legal Policy Forum conference on the Future Direction of Dispute Resolution.

14/03/23

Welcome Leah Ashcroft our new Junior Clerk

We are delighted to welcome our new Junior Clerk Leah Ashcroft!

14/03/23

Legal Cheek Awards 2023

We are excited to be shortlisted for the Best Chambers for Quality of Work, Colleague Supportiveness, and for Training!

08/03/23

Wasted Costs in the Commercial Court

The Commercial Court has sent a clear message in this important wasted costs case. William Flenley KC acted for the successful party.

08/03/23

Imran Benson successfully defended Gunnercooke in a £5m solicitors negligence claim

Imran Benson successfully defended Gunnercooke in a £5m solicitors’ negligence claim

15/02/23

Applications for Hailsham’s 2023 mini pupillage programme are now open

Applications for Hailsham’s 2023 mini pupillage programme are now open! This year we will again be running workshop-style open days both online and in-person.

Click here for further details.

14/02/23

The Charter for Fairness

In their article in this month’s Counsel magazine, Nicola Rushton KC and Yasmin Yasseri explain why all Chambers should adopt the The Chancery Bar Association's Charter for Fairness, which sets out 12 recommendations on work allocation, career development, marketing and earnings.

25/01/23

Judicial Appointment

We are pleased to announce that Nicola Rushton KC has been appointed a Deputy High Court Judge by the Lord Chief Justice of England and Wales. She will be sitting in the Chancery Division.

This is a part-time appointment and Nicola will continue in practice at Hailsham, specialising in professional negligence and commercial matters.

18/01/23

Snow v Royal United Hospitals Bath NHS Trust

This is an important and wide ranging judgment dealing with the standard of care when introducing a new surgical technique to a hospital. It covers clinical governance, NICE and other guidelines, training, mentoring, supervision, documentation of patient selection and MDT decisions, Montgomery consent,

03/01/23

Two cases about QOCS where the claimant accepted a Part 36 offer late

Two recent cases make clear that defendants to personal injury and clinical negligence claims cannot generally enforce orders for costs in their favour when a claim settles via Part 36.

20/12/22

Christmas Opening Hours

Click here to see Hailsham's Christmas opening hours

09/12/22

Introducing Hailsham Chambers

Prospective applicants are invited to join members and clerks from Hailsham Chambers at our informal drinks event

08/12/22

Stephen Sizer Tribunal decision

The Clergy Disciplinary Tribunal’s decision on a complaint of antisemitism made by the President of the Board of Deputies of British Jews against the Rev Stephen Sizer was handed down by David Pittaway KC

08/12/22

Mediation and Neutral Evaluation

David Pittaway KC spoke at a blue-sky thinking conference at the University of Leicester’s Law Department on The Role of [A]DR and Neutral Evaluation in the Reformed Civil Justice System of England and Wales.

10/11/22

Fighting talk: ‘swords’, ‘shields’ and (non) compliance with clinical guidelines

Bramble Badenach-Nicolson considers the judgment in O’Brien v Guy’s and St Thomas’ NHS Trust.

02/11/22

Ten Fun Facts about Belsner

Mark Friston manages to find Ten Fun Facts about the Belsner judgment.

28/10/22

Belsner v Cam Legal: Claimant Ordered to Repay £295.50

The long-awaited Court of Appeal decision in Belsner v Cam Legal Services Limited was handed down yesterday.

19/10/22

Royal & Sun Alliance Ltd v Tughans (A Firm)

Alice Nash provides a review of this key professional indemnity insurance judgment

10/10/22

Harrington Scott Ltd v. Coupe Bradbury Solicitors Ltd - provoking thoughts on, and of, interest

The defendant in Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd was hugely successful in having the claim struck out for abuse of process.

07/10/22

Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC

HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.

06/10/22

The momentous decision of the Supreme Court in BTI V Sequana

When does the treatment of the company’s interests as being equivalent to the shareholders’ interests cease to be justifiable?

30/09/22

The approach to evidence - a legal update

The Court has recently considered the approach to be taken to oral evidence in a number of cases.

13/09/22

New Pupils

Happy to welcome our two new pupils Rhiannon Frowde and Lewis Dunsmure!

13/09/22

UK Bar Awards 2022 Shortlisted

We are delighted to announce that Hailsham has been shortlisted as Clinical Negligence and Professional Negligence set of the Year. Congratulations to all those nominated!