Leading Associates

Firms To Watch: Professional negligence

The arrival of Kylie Poyner from DAC Beachcroft LLP in May 2023 significantly strengthened the professional negligence capabilities of Caytons Law in Bristol.

Professional negligence in South West

Beale & Co

Beale & Co is known as a go-to firm for defending claims against key non-medical professionals from the construction, legal, education and financial sectors, including insurance brokers. Bristol office head Joe Eizenberg, financial services risk team lead Joe Bryant, and seasoned specialist David McArdle form a key trio at senior level, and are singled out as ‘incredibly knowledgeable and brilliant with clients’. The partner bench has recently been further strengthened by the promotion of Nic Pegg and the relocation of Joanna Lewis from the London branch.

Responsables de la pratique:

Joe Eizenberg; Joe Bryant


Autres avocats clés:

David McArdle; Nic Pegg; Joanna Lewis; Vashti Wyatt; Melissa Evans


Les références

‘The Beale & Co team in Bristol is experienced in defending brokers’ negligence claims and does so cost effectively and in an easy-to-use way.’

‘We work most closely with Joe Bryant and Vashti Wyatt. Joe is excellent at presenting relevant information in a concise way and in keeping to budgets. Vashti exercises excellent judgment and analysis and gives valuable input.’

‘A very strong team led by highly experienced and talented partners in Joe Eizenberg, Joe Bryant and David McArdle. All three are incredibly knowledgeable and brilliant with clients.’

Principaux clients

RSA


Everest Re


Markel


Pioneer


Chubb


QBE


Arthur J Gallaghers


Arch


Marsh


Dual


WR Berkley


Aspen


Allianz


Aviva


Tokio Marine HCC


Burges Salmon LLP

Burges Salmon LLP’s Bristol-based offering is described by one client as providing ‘city law firm quality out of London’. The claimant-focused firm is particularly well regarded for its lender-side expertise, which is a key area of focus for practice head Andrew Burnette, and its stellar track record of conducting pensions-related professional negligence claims, with Justin Briggs and Suzanne Padmore standing out for their expertise in this type of work. The team’s industry know-how spans the banking, legal, construction, environmental, energy, accountancy, surveying, tax, brokerage, IT and fund management sectors, among others.

Responsables de la pratique:

Andrew Burnette


Autres avocats clés:

Justin Briggs; Suzanne Padmore; Caroline Brown


Les références

‘Burges Salmon are an extremely formidable force on the claimant-side of professional negligence claims. They deal with very high-value claims with precision and prepare them extremely well. Many of the cases settle at an early stage because Burges Salmon have achieved such a good result for their clients.’

‘They work closely to the client’s budget, with a realistic approach to conducting litigation, and very good relationships with litigation funding and ATE insurance brokers. I expect to see Burges Salmon leading the charge on high-value commercial property professional negligence disputes on behalf of lenders.’

‘Andrew Burnette is clearly highly experienced in professional negligence claims, and deals robustly with defendant panel firms. He understands professional negligence claims inside out and always knows the best experts to instruct. I would recommend Andrew to any lender who wishes to bring a claim.’

Principaux clients

Blackfinch Investments Limited and Agility Shipping International Limited


Principaux dossiers


  • Acted for Blackfinch in a claim against a major firm of UK solicitors regarding allegedly negligent tax advice that a specific business model qualified for EIS tax relief.
  • Acting for a specialist investment fund in a claim against a major surveying practice for negligently over-valuing a shopping centre as security for a £17m refinancing loan.
  • Acting for a major global electronics manufacturer and the trustee of its £300m pension scheme in a claim against their former legal advisor for errors in the scheme rules, errors in the application of the scheme rules and the potentially invalid execution of a number of deeds.

Clarke Willmott LLP

The ‘strong team’ at Clarke Willmott LLP is active across the gamut of claimant-side mandates, and fields a group of sector specialists who bring their expertise to specific areas of the work. ‘Brilliant’ commercial litigator Alex Jakubowski takes the lead on acting for lenders in high-value cases against solicitors and surveyors arising from complex transactions. Darren Kidd, who joined from Stewarts Law LLP in September 2023, now leverages his contentious financial services experience to oversee pension and investment advice claims. Chris Taylor is the name to note for negligence in relation to property transactions, while Esther Woolford is key for claims in an agricultural context.

Responsables de la pratique:

Alex Jakubowski


Autres avocats clés:

Darren Kidd; Esther Woolford; David Stedman; Laura Robinson; Chris Taylor; James Marshall


Les références

‘Chris Taylor is a really grounded and sensible practitioner, who thinks through all the issues carefully and is a pleasure to work for.’

‘Expert knowledge of their area of law.’

‘Alex Jakubowski has strong knowledge of negligence cases, not just from a legal standpoint, but he knows how to “talk” bank language when explaining the case to stakeholders at all levels. Honest and realistic in his appraisal of cases and has successfully delivered positive results.’

Principaux clients

Arbuthnot Latham Ltd.,


Wellesley Finance Ltd


UK & IE Flora Group Ltd


Kal Tire Ltd


Bristol Polytechnic Enterprises (Developments) Ltd


London and Quadrant Housing


ESP Colour Ltd


Gooch and Housego Plc


Office Visions Ltd


Solihull Moors Ltd


Alfred Munkenbeck


Solihull Moors Football Club


Fablex 2000 Ltd


Principaux dossiers


  • Representing Wellesley Finance Ltd in a claim for £2.9m against a negligent monitoring surveyor.
  • Representing Kal Tire in a claim for negligence and breach of fiduciary duty against Direct Business Solutions and TotalEnergies Gas and Power.
  • Representing a private client in a negligence claim against Brooks Macdonald Financial Consulting Limited in relation to the advice and recommendations it provided to her to invest in film schemes.

Clyde & Co

Clyde & Co acts for the full range of traditional professions, including accountants, architects, financial advisers and solicitors, as well as emerging professions, such as IT consultants, energy assessors and event organisers. Louisa Robbins heads up the national professional indemnity team, while Jim Taylor takes the lead in the Bristol office. Toby Rouse has particular expertise in financial services and pension-related claims.

Responsables de la pratique:

Louisa Robbins; Jim Taylor


Autres avocats clés:

Philip Evans; Toby Rouse; Kitty Cheung; Tatiana Haigh


CMS

CMS is best known for representing some of the insurance market’s biggest brokers and insurers on professional negligence matters. The Bristol-based team fields a deep senior bench, with a trio of partners comprising Cheryl Gibson, who specialises in handling cases against construction professionals; Zoe Burge, who typically defends claims against solicitors and insurance intermediaries; and Robert Jones, who is known for acting on behalf of surveyors and insurance brokers, leading on the key mandates. Practitioners on the ground work closely with the London office.

Responsables de la pratique:

Cheryl Gibson


Autres avocats clés:

Zoe Burge; Robert Jones; John Enoch; Caroline Hall; Joanna Owens


Les références

‘The team showed a great understanding of our business sector and was able to articulate a vision in how the defence would be structured despite challenging circumstances. They were able to adapt to the changing circumstances to great effect.’

‘Zoe Burge and Joanna Owens were exceptional to work with, showing a strong mix of commercial awareness with clear insight which was based upon an exceptional knowledge of our business sector. They were easy to communicate with showing both empathy and commercial awareness which helped us asses the situation throughout.’

‘Robert Jones is always approachable and is happy to answer any questions or queries. He’s always very responsive and responds promptly. His soft skills matched with expertise make him great to work with.’

Principaux clients

Acapella Syndicate 2014


AXIS


Channel Syndicate


CNA Hardy


Liberty


MS Amlin


AEGIS Managing Agency Limited


Neon


QBE


W R Berkley Insurance (Europe) Limited


Markel


Principaux dossiers


  • Represented AE Insurance Brokers Limited and its insurers in a £2.65m professional negligence dispute in relation to alleged failure of insurance cover.
  • Acted for the insurers in the defence of £16m proceedings arising from theft of client money by a UK solicitor.

DAC Beachcroft LLP

DAC Beachcroft LLP’s Bristol office houses a team of ‘true specialists in the field’, and is consequently instructed by a notable roster of major professional and financial risk insurers. Marcus Campbell heads up the professional risk team, within which the specialist claims handling unit, overseen by Caroline Cherry, sits. Charlie Bending co-leads the firm’s national surveyors service line; Graham Briggs acts as co-chair for the regional D&O offering; and Rebecca Smith is the senior contact for accountancy and actuarial cases. The arrival of Andrew Crocombe from Plexus Legal Gateway in July 2023 allowed the firm to develop a niche specialism in education claims.

Responsables de la pratique:

Marcus Campbell; Caroline Cherry


Autres avocats clés:

Charlie Bending; Graham Briggs; Rebecca Smith; Dan Preddy; Giles Tagg; Phillip Roberts; Nick Hillyard; Tessa Rook; Andrew Crocombe


Les références

‘True specialists in the field. Calm in difficult circumstances and prepared to take matters all the way when the need arises.’

‘Andrew Crocombe is a great hire for DAC Beachcroft: he is a big name in education sector-specific professional negligence, and he deserves his reputation. He is a real expert in professional negligence claims in the education sector, and a pleasure to work with.’

‘DAC Beachcroft has a very good professional negligence team.’

Principaux dossiers


  • Acting for an auditor in a regulatory investigation by the ICAEW in relation to the breach of the English Football League’s spending rules in 2020-2021 which led to a significant point deduction for the club arising out of the sale of its stadium.
  • Representing a major insurer in a dispute between various joint venture partners.
  • Defending a claim by a private debt platform alleging that valuation advice provided by the client had been negligent resulting in substantial loss.

RPC

RPC is regarded by clients as operating ‘at the forefront of defending professional negligence claims’. The sizeable practice is composed of sub-groups dedicated to various sectors, giving the firm ‘a unique balance of profession-specific expertise and commercial sense’. Will Sefton leads the lawyers liability and regulatory group; Ben Goodier oversees construction-related claims; Robert Morris and Rachael Healey are key senior contacts for cases relating to the financial services industry; and Daniel Guilfoyle manages claims relating to professionals operating in the technology sphere. Rhian Howell acts as the overall practice head.

Responsables de la pratique:

Rhian Howell; Will Sefton; Ben Goodier; Robert Morris; Daniel Guilfoyle


Autres avocats clés:

Rachael Healey; Scott Ashby; Tamsin Hyland


Les références

‘The best strength in depth in the regional market.’

‘All of the partners are very easy to work with and provide excellent support to both their associates and counsel. I am also consistently impressed with their general approach to managing litigation in what are often difficult cases, which combines strong legal analysis with both pragmatism and an appreciation of their clients’ commercial interests. In summary, they are a real pleasure to work with.’

‘Rhian Howell is incredibly experienced in lawyers’ liability cases. She is tenacious and robust in protecting her clients’ interests. Will Sefton is a smooth operator, who is always across across the detail of his many cases. He has a real knack of quickly identifying the key issues in a claim and adopting a practical strategy to address them. He is also an excellent leader and gets the best out of his associates.’

Principaux clients

Charles Russell Speechlys


Amtrust Europe Limited


DWF

DWF’s professional indemnity global risks team in Bristol acts as one of the firm’s hubs for defending insurers and brokers against negligence claims and disciplinary complaints. Ian Welland leads the work, capably supported by Alexandra Cartwright, who has a particular focus on construction-related cases, and Gemma Spratt, who is singled out for praise as ‘a talent’. The group is experienced in dealing with claims against all professionals, especially accountants, solicitors, and design and build professionals.

Responsables de la pratique:

Ian Welland


Autres avocats clés:

Alexandra Cartwright; Gemma Spratt


Les références

‘DWF has a very good professional negligence team.’

‘Gemma Spratt is a talent – dogged for her client but works well with counsel to develop a strategy from the outset.’

Kennedys

Kennedys’ ‘first-class knowledge of the insurance market’ ensures a steady stream of high-value instructions from the key players in that sector. Helen Ager leads the South West professional liability team and is recognised for achieving ‘fantastic outcomes as the result of a pragmatic approach’. Laura Hurst oversees the Bristol office, and her previous experience at the firm’s London branch brings ‘a City-feeling approach but in the regions’. The group regularly defends claims against professionals from the legal, financial, construction, and education spheres.

Responsables de la pratique:

Helen Ager; Laura Hurst


Autres avocats clés:

Vittorio Cinque; Michelle Johnston; Beth Cara; Emma Treseder; Ben Kinnear


Les références

‘The Kennedys team have a first-class knowledge of the insurance market, providing a straightforward, supportive and distinctive service. I have been impressed by the ability to understand and comment upon complex and demanding insurance claims, recommending appropriate guidance and recommendations.’

‘The ability to provide guidance and technical support along with their renowned experience and expertise in litigation sets them apart from other law firms.’

‘The team are extremely accessible which means they are on hand when I need them. There is a strong collective approach which means matters progress even when a particular fee earner is not working.’

Principaux clients

PEN UNDERWRITING


UMAL


DUAL CORPORATE RISKS


RSA


AQUEOUS


AIG


TRAVELERS


AXA XL


CFC


MUNICH RE


AWAC


HDI


CHUBB


LIBRA


LIBERTY


SOMPO


MANCHESTER UNDERWRITING


IGI


BAR MUTUAL


HISCOX


ALLIANZ COMMERCIAL


CAN


AVIVA


ARCH


QBE


FIRST UNDERWRITING


ROKSTONE


GREAT AMERICAN INSURANCE


EVEREST


XS ASSURE


W DENIS


COMPRE


Principaux dossiers


  • Defending a £13m claim brought by an insolvent borough council, concerning the marketing of investments entered into by the council and subsequently leading to significant investment losses.
  • Defending a £1m claim against a firm of solicitors arising from alleged negligent advice in respect of the implications of an estate planning scheme relating to farmland for the purposes of minimising IHT on the death of a senior family member.
  • Defending a professional negligence claim against a firm of brokers for failing to ensure that the sum insured was sufficient for a garden centre, where the brokers had taken over the risk from other brokers and then had been placing the risk for a number of years.

Osborne Clarke LLP

Osborne Clarke LLP is differentiated by its equal split between claimant and defendant-side work, and has a stellar track record in both areas; in the latter space, the firm’s client base comprises national and international lenders, high-profile funds and their trustees, major building contractors and developers, and other financial services institutions. Commercial litigator Charlie Wedin is the key senior contact. Tom Ellis regularly defends accountancy firms, while Katherine King has particular expertise in pensions-related cases.

Responsables de la pratique:

Charlie Wedin


Autres avocats clés:

Tom Ellis; Charles Crowne; Katherine King


Les références

‘Lovely team to work with, very knowledgeable of professional negligence matters, particularly in respect of accountants.’

‘Tom Ellis is a strong, all-round partner, great at managing the dynamics in big cases.’

‘Great strength in depth, meaning they can deliver a very efficient product.’

Principaux clients

PwC LLP


Grant Thornton


BDW Trading Ltd


The Pension Protection Fund


Sotheby’s


Principaux dossiers


  • Advising the Board of the Pension Protection Fund on how best to protect its interests in relation to the sections for which it is responsible.

TLT

The team at TLT is best known for handling professional negligence claims in the financial services sector, leveraging the firm’s investment funds and banking litigation expertise to do so; Neil Franklin oversees such mandates, supported by Katie Hill and Sam McCollum, and regularly collaborating with financial services litigation practice head Jonathan Hoey. For construction-related claims, property litigation specialist Mark Routley and construction expert Tom Wrzesien are the key names. Commercial dispute resolution team lead Chris Owen is another practitioner to note.

Responsables de la pratique:

Neil Franklin; Jonathan Hoey; Chris Owen; Mark Routley; Tom Wrzesien


Autres avocats clés:

Sam McCollum; Katie Hill


Principaux clients

Pullmaflex UK Limited and the Trustees of the Leggett and Platt UK Pension Scheme


Ashfords LLP

Ashfords LLP fields a ‘strong team with considerable experience of bringing professional negligence claims across a range of disciplines. The group is well versed in acting for banks and other lending institutions, and is regularly instructed to represent claimants in cases against professionals in the construction and legal sectors. The firm also has a niche specialism in claims against veterinary surgeons. Rory Mac Neice and Victoria Bonnet jointly lead the practice.

Responsables de la pratique:

Rory Mac Neice; Victoria Bonnet


Autres avocats clés:

Stephen Homer; Anusheh Burcher


Les références

‘A strong team with considerable experience of bringing professional negligence claims across a range of disciplines.’

‘Rory Mac Neice is a true expert in professional negligence.’

‘Good experience and solid service to clients.’

Principaux clients

Bank of Scotland PLC


Lloyds Bank PLC


Douglas Seaton Limited


Principaux dossiers


  • Acting for a high street clearing bank in a claim against solicitors for failure to advise on the extent of its security charged to the bank.
  • Representing a property leasing company in respect of losses by a third party contractor following an environmental spillage incident.
  • Acting for a transport retail company in a claim against solicitors for losses suffered as a result of failure to follow instructions and loss of documentation in a company sale.

Browne Jacobson LLP

The Exeter-based team at Browne Jacobson LLP is seen by its defendant clients as a ‘strong, resolute and tenacious proposition’. The firm’s core focus is on solicitors’ professional negligence claims. Jonathan Newbold oversees the national practice, with ‘exceptional lawyer’ Gary Oldroyd leading the regional group. Other key practitioners on the ground include Claire Cornish, Danielle De Val and Nicholas Saunders.

Responsables de la pratique:

Jonathan Newbold; Gary Oldroyd


Autres avocats clés:

Claire Cornish; Danielle De Val; Nicholas Saunders


Les références

‘The Browne Jacobson team stands out for providing heavyweight legal advice, but at a much more competitive rate than London firms. The members of the team dovetail very well together, with just the right amount of partner supervision.’

‘Gary Oldroyd is one of the most experienced practitioners in the market and commands enormous respect. Encyclopaedic knowledge of the law and able to retain and recall every aspect of a case.’

‘Team with immense experience in the field.’

Lester Aldridge LLP

Lester Aldridge LLP is highly regarded for its ‘commercially realistic’ claimant-side professional negligence offering. The team regularly pursues cases against solicitors, accountants, financial advisors and property surveyors, and is also known for its niche expertise in claims against marine surveyors. Dispute resolution practice head Chris Evans oversees the work. Kate Stewart and Rachel Gimson bring their property litigation know-how to bear on related professional negligence claims.

Responsables de la pratique:

Chris Evans


Autres avocats clés:

Kate Stewart; Rachel Gimson


Les références

‘Highly competent, good legal knowledge and analysis, commercially realistic.’

‘Lester Aldridge provides great service from knowledgeable lawyers.’

‘Rachel Gimson is a great no-nonsense lawyer. Practical and commercial with good knowledge of professional negligence, particularly property-related professional negligence.’

Stephens Scown LLP

Stephens Scown LLP draws on the expertise of its property litigation and construction teams to bring claims against professionals operating in these areas, with an increasing focus on architects; Richard Slater is a key senior contact for this type of work. Catherine Mathews leads on claims against solicitors arising out of trusts and estates, which is another core area of instruction. Stephen Wray continues to expand the firm’s client base in Somerset from the Taunton office.

Responsables de la pratique:

Stephen Wray


Autres avocats clés:

Catherine Mathews; Richard Slater


Les références

‘A prompt service, good client care and reasonable fees.’

‘Professional and effective.’

‘Ability to listen and provide appropriate support.’

Womble Bond Dickinson (UK) LLP

The regional professional risks team at Womble Bond Dickinson (UK) LLP, which is led by James Robins, operates as part of the firm’s national insurance disputes practice, which deals with a wide range of claims for insurers and their policy holders, and is helmed by Sushma MacGeoch. The group is experienced in defending cases against a wide variety of professionals, particularly solicitors, barristers, surveyors, accountants, developers and insurance brokers.

Responsables de la pratique:

Sushma MacGeoch; James Robins


Principaux clients

AIG Europe (UK) Limited


Bar Mutual Indemnity Fund


Polo Commercial Insurance Services Ltd t/a Polo Works, appointed by the SRA to manage claims to the Solicitors Indemnity Fund