Professional Negligence
12KBW’s barristers have considerable expertise and experience in the field of professional negligence. This includes acting for both claimants and defendants in claims against architects, engineers, surveyors and valuers, insurance brokers, auctioneers, social workers, education professionals and veterinary surgeons.
We provide advice and advocacy over the whole spectrum of professional negligence work. However, of particular note is the fact that our skills and specialist knowledge, which are derived from our core strengths in clinical negligence and personal injury work, are frequently and effectively deployed in litigation for and against solicitors, barristers and other professionals in claims arising from injury and disease litigation. For example, we have vast experience of claims against solicitors involving limitation issues, under-settlement, and procedural default (including utilising our detailed knowledge of the post-Mitchell and Denton landscape).
Individual 12KBW barristers can offer particular specialisms, for example in disputes involving insurance law and claims against brokers, underwriters and loss adjusters, construction and environmental disputes, and claims against engineering and other building professionals. We have particular expertise on questions of the existence and scope of duties of care and issues of causation.
In addition to acting as advocates at all levels, our barristers are frequently instructed in arbitrations and mediations arising from professional negligence claims. Some of our barristers been appointed as expert determinators in disputes under the authority of the Financial Ombudsman to decide whether or not solicitors have been negligent, and to determine the quantum of claims arising from such negligence.
12KBW cases include the leading House of Lords authority, South Australia Asset Management v York Montague (“SAAMCO”).
