Professional Negligence and Disciplinary

Claim by Insolvency Practitioner to quash decision of regulatory tribunal for wrongly ordering IP to pay costs of disciplinary proceedings, where the findings in such proceedings had been found to be unsafe and the orders made declared to be void. Led by Stephen Davies QC.

Acting for successful client in claim against solicitors for negligence in failing to report on a proposed development close to the property being purchased.

Advising the prospective claimant in claim arising out of a high value divorce settlement where the settlement provided the wife with a fund to meet an expected tax liability that would arise when she brought money onshore. The husband alleged that his solicitors failed to consider the possibility that rather than bring assets onshore, the wife would move herself off shore (which she did) so avoiding the tax and her giving her a windfall at the husband’s expense.

Advising a bank in a professional negligence claim against a firm of solicitors arising out of the alleged failure of the solicitors to ensure that loans of $11m were adequately secured by charges over mines in Macedonia where it is alleged that the solicitors failed to obtain proper advice on Macedonian law and to ensure that the security documentation which they had drafted met the formal requirements of Macedonian Law or were properly completed in accordance with Macedonian Law.

Combined multi-party professional negligence claims against solicitors and counsel arising out of a failed wrongful trading claim. Involved successful appeal to the Court of Appeal on a satellite point.

Successfully defending trustee in bankruptcy in a negligence action.

Acting for successful claimant alleging that a receiver had sold property at an undervalue. The appeal related to content of the duty to obtain a proper price.

Leading disappointed beneficiary case where the issue was whether the solicitor owed a duty of care to the beneficiary of a will where the deceased's estate had also suffered a loss.

Whether findings in previous High Court proceedings should stand as prima facie evidence against an insolvency practitioner in subsequent professional disciplinary proceedings in circumstances where the insolvency practitioner had not attended the previous earing and claimed to have had no notice that his conduct would be in issue.

Judicial review of disciplinary proceedings against licensed insolvency practitioner, whether fair process.

Certification complaint cannot be dismissed because certificate has expired or been surrendered after complaint made.

Priority exists between High Court Enforcement Officers; money paid by a debtor is “proceeds of enforcement”; permission to appeal granted by Court of Appeal.

Certification complaint dismissed on the papers cannot be re-opened on application by complainant.