David Halpern QC – 4 New Square Chambers – Chair
The Right Hon. Andrew Mitchell MP – Honoured Guest Speaker
This conference is designed to provide a guide to the key recent developments in professional negligence and liability. Different perspectives and expertise from the speaker panel will provide a unique insight. The experience will feel ‘face to face’ and the speakers are there in reality to discuss the topics with you via group chats. This event will take the place of what would have been the PNLA’s 16th Annual General Meeting and conference held at Billesley Manor in November sadly one of the many casualties of the lockdown restrictions in place.
|The Right Hon. Andrew Mitchell MP||Honoured Guest Speaker|
|David Halpern QC - Chair||4 New Square Chambers|
|Patrick Lawrence QC||4 New Square Chambers|
|Michael Pooles QC||Hailsham Chambers|
|William Flenley QC||Hailsham Chambers|
|Luka Krsljanin||2 Temple Gardens|
|Imran Benson||Hailsham Chambers|
|Pippa Manby||4 New Square Chambers|
|Matthew Pascall||Temple Legal Protection|
|Philippa Hill||Grant Thornton|
|Arun Chauhan||Tenet Compliance & Litigation Limited|
|Mark Lomas QC||Independent Mediators|
|Joe Bryant||Beale & Co.|
CPD 8 hours: Speakers – 5.2 hours (312 minutes). To study the case law and materials in the conference pack – 1.5 hours. Group chat via Whatsapp and online meeting on 11 March 2021 at 2pm are estimated to take 1.5 hours.
Ticketholders are invited to join the Getting back into the Groove WhatsApp Group text your name and firm to 07930 251578
Your invitation to join an online meeting with the speakers will be emailed to you.
PNLA Introduction – Katy Manley – President
|Honoured Guest Speaker
The Right Honourable Andrew Mitchell MP
Andrew was born in 1956 and is married with two daughters. He was educated at Rugby School and Cambridge University, where he studied history and was elected as President of the Cambridge Union in 1978. Andrew served in the Army (Royal Tank Regiment) before joining Lazard where he worked with British companies seeking large-scale overseas contracts.
He was the Member of Parliament for Gedling from 1987 to 1997. During this period he held office as a Government Whip and as Minister for Social Security. He also served as a Vice-Chairman of the Conservative Party from 1992 to 1993.
In 2001 he was re-elected to Parliament as MP for Sutton Coldfield. In November 2003, he was appointed Shadow Minister for Economic Affairs. From September 2004 until the end of the Parliamentary term, he was Shadow Minister for Home Affairs. Following the General Election in May 2005 Andrew joined the Shadow Cabinet and was appointed Shadow Secretary of State for International Development. Andrew Mitchell was Secretary of State for International Development from May 2010 until September 2012 and Government Chief Whip from September –October 2012.
He speaks widely on international affairs, is the Co-chair of the All Party Group on Syria, a Fellow at Cambridge University and a Visiting Fellow at Harvard University and Honorary Professor at Birmingham University.
|Chairman’s Keynote Address – Fiduciaries and Good Faith
David Halpern QC –4 New Square Chambers
David has been rated for many years in the legal directories as a leader in the fields of property litigation and professional liability claims.
Since taking Silk in 2006, his practice has broadened to include a wide range of Chancery and commercial work.
He enjoys working as part of a team with other lawyers and experts in a broad range of disciplines, in relation to both litigation and advisory work. He relishes cases involving difficult questions of law but is also very alive to the client’s requirement for clear advice and commercial solutions. He accepts appointments as an arbitrator and is regularly instructed to participate in mediations. He also sits part-time as a deputy High Court judge in the Chancery Division.
“He has fantastic insight, is immensely knowledgeable and is brilliant with clients.” “He has an impressive knowledge of property and professional negligence law, and his drafting is quick, excellent and concise.” “He is charming in his advocacy, but it’s also underpinned by a real intellectual strength.” (Chambers & Partners, 2019) “His advocacy is strong and to the point, and he is quick to raise relevant points in cross-examination.” “He can find and sustain a cause of action where lesser barristers would fail.” (Legal 500, 2019) “David is amazing; he is a fount of legal knowledge and his ability to pinpoint issues and form an early view is invaluable.” “Very intelligent, pragmatic and commercial.” “Very personable and extremely knowledgeable with great technical skills and a great turnaround. He pays very close attention to detail.” (Chambers & Partners, 2018)
David acted for the successful party in Dreamvarv. Mishcon de Reya and appeared in the Supreme Court in Hughes-Holland v. BPE Solicitors. He sits part-time as a deputy High Court judge in the Chancery Division.
Recent cases include: Colt Group Ltd v Unicourt Wandsworth LLB  EWHC 2549 (Ch) (25 September 2020); Armstrong v Berrymans Lace Mawer LLB (t/a BLM) & Anor  EWHC 2064 (Ch) (31 July 2020); Powis Street Estates (No. 3) Ltd v Wallace LLP & Anor  EWHC 1692 (Ch) (06 July 2020); Discovery Land Company, LLC & Ors v Jirehouse (A Body Corporate) & Ors  EWHC 2249 (Ch) (16 August 2019)
|Professional Negligence and Liability Update – focus on auditors
Patrick Lawrence QC –4 New Square
Patrick will review significant developments in professional negligence and liability in the last year. Former Chambers & Partners Professional Negligence QC of the year, Patrick has appeared in many leading cases at appellate level.
If you believe the Directories: “a wonderful advocate”, “”extremely bright and very personable –a formidable opponent” [Chambers]. “A Rolls-Royce silk … able and approachable in equal measure, one of the most in demand professional indemnity barristers … first port of call, particularly when it comes to large surveyors’ and valuers’ claims … a towering courtroom presence .. superb in complex heavyweight cases, known for razor-sharp mind and ability to take a witness apart.” [Chambers] “very charismatic and good with clients; he is able and approachable in equal measure” [Chambers]. “He is a brilliant lawyer with a real appreciation of the ‘human’ side of cases”, “a superb advocate, who always manages to engage the court and present arguments in a compelling fashion”, “highly persuasive” and “can make complicated arguments understandable” [Legal 500]. “He has a fantastic manner and outstanding judgement”, “Inspires great confidence and tackles problem with the minimum of stress” [Legal 500].
Patrick defended expert witness immunity in the Supreme Court in Jones v Kaney. Recent cases include: Gubarev & Anor v Orbis Business Intelligence Ltd & Anor  EWHC 2167 (QB) (06 August 2020); Zavarco Plc v Nasir  EWHC 629 (Ch) (20 March 2020); Willers v Joyce & Ors  EWHC 937 (Ch) (12 April 2019); Briggs & Ors v Clay & Ors  EWHC 102 (Ch) (25 February 2019); Warren v Hill Dickinson LLP  EWHC B1 (Costs) (23 January 2019)
Michael Pooles QC – Hailsham Chambers
Michael Pooles QC’s principal area of practice is that of professional indemnity claims and related coverage issues. He frequently acts for or against lawyers, accountants and surveyors but also acts for or against all manner of professionals including areas such as veterinary science, land management and fish farming. He is frequently instructed in costs matters. His practice also includes general insurance matters of all types and substantial personal injury claims. Michael is consistently ranked as a leading silk in the areas of professional negligence and costs by the leading directories and was Chambers & Partners’ 2008 and 2016 Silk of the Year for Professional Negligence. Michael was formerly one of editors of the solicitors’ chapter of Professional Negligence and Liability.
Recent cases include: The Guide Dogs for the Blind Association & Ors v Box & Ors  EWHC 1948 (Ch) (21 July 2020); Cole & Ors v Scion Ltd & Ors  EWHC 1022 (Ch) (30 April 2020); UK Acorn Finance Ltd v Markel (UK) Ltd  EWHC 922 (Comm) (21 April 2020); Edwards v Hugh James Ford Simey Solicitors  UKSC 54 (20 November 2019); Andrews & Ors v Messer Beg Ltd  EWHC 911 (Ch) (11 April 2019)
|The FCA test case and insurance broker claims
William Flenley QC – Hailsham Chambers
William Flenley QC practises in the fields of professional liability, insurance, regulatory and contract law. He has appeared in a number of leading cases relating to the liability of professionals, including a trio of recent reported cases in the Court of Appeal: Addlesee v Dentons Europe  Ch 243 (privilege), Group Seven v Notable Services  Ch 129 (dishonest assistance in breach of trust), and Various Claimants v Giambrone & Law  PNLR 2 (application of Saamco).
He is co-author of the best known practitioners’ book on claims against solicitors, Flenley & Leech, The Law of Solicitors’ Liabilities. The first edition was published in 1999 and the fourth edition in August 2020.
William is a former Chairman of the Professional Negligence Bar Association. He has contributed to Cordery on Legal Services and Professional Negligence and Liability, was deputy editor of Lloyd’s Reports: Professional Negligence, and has lectured in law at the London School of Economics. He is a Bencher of the Middle Temple. He has been recommended as a leading barrister practising in professional liability by each of the two principal directories for many years.
William is also a board member of Thames Reach, a homelessness charity.
|Luka Krsljanin – 2 Temple Gardens Chambers
“The Future of Disclosure? The Pilot Regime in the Business & Property Courts”
Luka Krsljanin will analyse the key features of this new Disclosure Pilot and its ramifications for litigators, including by reference to the Judgment of the Chancellor of the High Court in UTB v Sheffield United Limited  EWHC 914 (Ch) (in which Luka acted for Sheffield United Limited), one of the first major Judgments on this issue. This talk will aim to give practical guidance to lawyers tackling disclosure issues, in particular when considering whether or not to pursue applications for Extended Disclosure under the Pilot.
Luka has experience of tackling high-level disclosure issues in Business and Property disputes, and acted for the owners of Premier League football club West Ham United in a series of successful disclosure applications, culminating in the Court of Appeal’s landmark judgment on litigation privilege in WH Holding v E20 Stadium LLP  EWCA Civ 2652.
Luka specialises in commercial disputes, in which he is regularly instructed both as sole counsel and as part of a counsel team. He regularly appears in the Business & Property Courts. His practice encompasses general contractual disputes, shareholder disputes and cases involving allegations of fraud and conspiracy. Many of his cases arise in the sports context, and he is identified by the Legal 500 as a “rising star” in sports disputes, who is “particularly well known for his work in football – especially contractual claims – he has a wonderful bedside manner that is totally reassuring to clients, together with a clear, deep knowledge and understanding of sports law. Luka will go far in this field.”
A specialist in the field of disclosure in all civil litigation, he has acted (led and unled) in leading cases before the High Court and Court of Appeal on issues of privilege, pre-action disclosure and obligations under the Disclosure Pilot in the Business & Property Courts.
He also frequently acts in a range of civil and commercial cases with a cross-border element, often engaging complex questions of foreign law. He also has experience in complex professional (including clinical) negligence disputes.
He is ranked in numerous areas of practice in both the Legal 500 and in Chambers & Partners, where he has been praised as “extremely intelligent and assiduous”, “unbelievably unflappable”, and “hard-working and diligent”.
Recent case include: Hussain v Medical Defence Union & Anor  EWHC 157 (QB) (30 January 2020); Brown & Anor v MML Capital Europe VI Equity II SA & Ors  EWHC 23 (Ch) (22 January 2020); Friends Life Ltd v Miley  EWCA Civ 261 (28 February 2019)
|The FCA Test Case
Imran Benson – Hailsham Chambers
Imran is an experienced litigator who is well known for a robust but charming style of advocacy and excellent client service. He specialises in professional liability, commercial litigation, costs, insurance disputes, cyber law and disciplinary and regulatory controversies. He appears in domestic and foreign courts, before various regulators and a range of arbitration tribunals. He gives clear and straightforward advice even in the most complex and nuanced of cases.
He is ranked in the directories and is instructed by national, City and international law firms, as well as institutional clients and HNW individuals.
Imran is willing to consider direct public access instructions in appropriate cases.
Recent cases include: Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret Ve Sanati AS v Organic Village Ltd & Anor  EWHC 2542 (QB) (30 September 2020); De Sena & Anor v Notaro & Ors  EWHC 1366 (Ch) (01 June 2020); Butler v Bankside Commercial Ltd  EWCA Civ 203 (27 February 2020); Malmsten v Bohinc  EWHC 1386 (Ch) (07 June 2019); Cool Seas (Seafoods) Ltd v Interfish Ltd & Ors  EWHC 2038 (Ch) (31 July 2018)
|Negligence: Costs and the demise of the Arkin Cap
Pippa Manby – 4 New Square Chambers
Pippa will review recent developments including these two notable cases about the so called ‘Arkin Cap’ limiting the costs exposure of litigation funders: Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors  EWCA Civ 246 (25 February 2020) and Hall v Saunders Law Ltd & Ors  EWHC 404 (Comm) (27 February 2020).
Pippa has a broad commercial practice, encompassing general commercial litigation, professional liability, costs, insurance and sports work.
Pippa is recognised by the directories as a Leading Junior in Professional Liability, Sports Law and Costs where she is described as “An extremely personable barrister who puts her clients at ease but turns into a rottweiler in court”,“a rising star, who achieves good results against more experienced opponents”, “bright, responsive, down to earth and user-friendly”, “efficient at understanding the brief – she has no weaknesses”, “a creative thinker with a good analytical mind, she is fast, decisive and insightful”, “technically sound with a very commercial approach to legal issues and solutions” and “confident on her feet with a strong grasp of detail.”
Recent cases include: Evans & Anor v Pricewaterhousecoopers LLP  EWHC 2350 (Ch) (05 September 2019); Watson Farley and Williams (a firm) v Ostrovizky  EWCA Civ 457 (12 May 2015); Woodburn v Thomas (Costs budgeting)  EWHC B16 (Costs) (11 August 2017)
|ATE – a beginner’s guide
Matthew Pascall – barrister – Temple Legal Protection
Barrister Matthew Pascall is the latest addition to the expanding commercial team at Temple Legal Protection, joining as Senior Underwriting Manager from November 2017.
Matthew was called to the Bar in 1984 and joined Guildford Chambers two years later. Spending more than 30 years in practice there, he has comprehensive knowledge and experience of the commercial legal sector and he is listed in the current Legal 500 as a Tier 1 barrister.
|The Accountant’s Perspective
Philippa Hill – Partner – Grant Thornton
As a chartered accountant, Philippa has been specialising in accounting disputes and investigations since 2001. Prior to this, she spent four years as an auditor of a variety of businesses. She is experienced in accounting integrity and conduct matters, including alleged accounting irregularities and fraud, professional negligence and disciplinary matters relating to accountants, and associated professional indemnity claims. She has particular experience advising in professional disciplinary enquiries led by the Financial Reporting Council, which investigates matters affecting the public interest.
|Fraud and Professional Negligence
Arun Chauhan Tenet Compliance & Litigation Limited
Arun’s primary practice is focussed on helping organisations and individuals prevent or respond to fraud.
In 2016 after leaving a national law firm (DWF LLP) where he jointly led a commercial fraud team, he created a specialist financial crime compliance fraud investigation / litigation law firm, Tenet.
At Tenet their focus is on fraud and financial crime compliance for clients across the UK and overseas. This expertise covers the spectrum of preventative action in the form of training, ethics, governance and policy advice to case investigation and guidance on recovery of loss from financial fraud. As part of their litigation service offering is advice on professional negligence claimant work where fraud or dishonesty are an underlying issue.
Professional negligence cases they have advised on include cases where cybercrime has occurred and loss has been attributed to solicitors advising on the transaction in question, claims against professionals where a personal conflict of interest has influenced negligent advice, claims for mishandling of fraud allegations by lawyers or failing to detect fraud by financial professionals.
Tenet have been recognised in short listings for multiple national awards for innovation in legal services and have been Highly Commended by the Law Society in their Excellence Awards in 2019 and 2020.
Arun is Deputy Chair and a trustee of the counter fraud charity, The Fraud Advisory Panel, a member of the Commercial Fraud Lawyers Association and a regular expert contributor for the BBC and national media.
Latest trends in Mediations
Mark Lomas QC – Independent Mediators
Mark is one of the UK’s leading mediators with a wide-ranging commercial practice and a recognised expertise in high-value professional negligence and insurance disputes. He is ranked in Band 1 of both Legal 500 (who describe him as “highly effective”) and Chambers & Partners (who commend him for his “strong technical and commercial analysis and diplomatic style”).
|The Risks Of Claims Against Solicitors Regarding Expert Evidence
Joe Bryant – Partner – Beale & Co.
Joe will be reviewing three cases this year affecting experts: Essex County Council v UBB Waste (Essex) Limited (2020) EWHC 1581 (TCC); De Sena & Anor v Notaro & Ors  EWHC 1031 (Ch) and A Company v X, Y and Z (2020) EWHC 809 (TCC).
Joe specialises in defending lawyers and insurance brokers (and their London market insurers) against claims for professional negligence, and has an established client base including some of the largest legal and insurance firms both in the UK and internationally.
He advises on the full spectrum of issues facing the legal and broking professions, from M&A lawyers facing complex corporate and tax litigation on the one hand, through to Lloyds brokers having to deal with disputed declinatures and Insurance Act interpretation on the other. He is routinely instructed by the insurance market to act for its policyholders in resolving their disputes, as well as providing coverage advice on policy interpretation.
Away from brokers and lawyers, Joe also acts (again predominantly through the UK insurance market) for construction professionals, having been involved in a wide range of claims both nationally and internationally over his 20 year career to date.
Joe’s experience includes:
· Resolving a £55m claim against a midlands firm arising from an alleged failure to advise on the most appropriate structure for earn-out following a corporate sale.
· Succeeding at trial in defending a firm against allegations that they had failed to advise their client appropriately on the availability in divorce proceedings of a pension sharing order.
· Advising on claims arising from Bath Spa, the Olympic Stadium and the partial collapse of the M4 Brynglas Tunnels, as well as several claims under the Defective Premises Act.
Joe is ranked in the legal directories as a leading lawyer in the field of professional indemnity, being ranked as Band 1 in Chambers 2020. He regularly delivers risk management training to firms throughout the UK and speaks and writes widely on professional indemnity issues in the insurance market. Joe also co-wrote leading textbook “Insurance Broking Practice and the Law”.
“Very astute and pleasant to work with,” with clients lauding his “wealth of experience” Chambers UK 2020 “He is an excellent lawyer and I have never been disappointed in his work” Chambers UK 2019
|Questions and discussion – PNLA WhatsApp +44 7930251578|
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