Professional Negligence: Shaping New Law into Solution-Focused Advice for Clients

Tue 27 June 2017

The Caledonian Club 9 Halkin St London SW1X 7DR

Answers to 11 Thorny Questions: Directly from 6 QCs and 2 Venerated Solicitors

5hrs CPD

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  1. Registration and coffee

  2. Chairman's introduction

    Professional Negligence: Shaping new law into solution-focused advice for clients

    Chaired by: David Wilkinson of Kennedys

    David brings a huge number of cases to the table. He was involved in litigation arising from the death of Robert Maxwell and the loss of pension funds and the R&R settlement at Lloyd's. He is "acutely intelligent and superb".

  3. Scope of Duty

    What are the outer limits in the light of the Supreme Court's decision in BPE Solicitors v Gabriel [2017]?

    Answered by: Thomas Plewman QC of Brick Court Chambers

    Thomas acted for PWC in the Cattles litigation and Grant Thornton in a claim regarding the collapse of an American Leisure Group following its IPO. He has "a great track record in high-stakes professional negligence litigation".

  4. ​Consequential loss

    To what extent is the court taking a fluid approach to "consequential loss"; and so giving effect to the intention of the parties and the commercial freedom to negotiate risk?

    Answered by: James Pollock of Simmons & Simmons

    James is “an outstanding litigator - who is formidable, tough and highly observant”. He advised the project managers in a £600 million dispute arising out of a mining project.

  5. Morning coffee

  6. ​Causation

    Taking the "but for" test beyond Tiuta v De Villiers, in which other factual situation will CA's judgment change the odds and for whom?

    Answered by: Ben Quiney QC of Crown Office Chambers

    Ben defended the engineers in Carillion v AECOM against negligence claims relating to the Rolls Building, which houses the High Court of Justice. He is "a great advocate and very tough opponent; clever, practical and easy to work with".

  7. ​Proportionality

    Extrapolating from the recent line of costs cases, how do you use the proportionality test for the tactical advantage of your client (especially as 90% of cases settle)?

    Answered by: PJ Kirby QC of Hardwicke

    PJ's practice covers professional negligence and costs litigation. He is appointed as a High Court costs assessor and active in the SCCO. "He is master tactician with a sense of humour"; "he is a joy to work with".

  8. Over-run

  9. Lunch

  10. ​Consent

    Has Bolam been outstripped by the test for consent set out in the Montgomery litigation?

    What are the hidden implications of Montgomery for practice and client advice?

    Answered by: Richard Lynagh QC of Crown Office Chambers

    Richard is the Head of Crown office Chambers. He is “rated very highly across a range of professional negligence disputes” and “is held in high regard for his tactical skills and steely determination – you want him on your side”.

  11. ​Experts

    If you want to switch experts, when do the solicitors' attendance notes become disclosable?

    What sets apart "a strong case of expert shopping"?

    Answered by: Rebecca Sabben-Clare QC of 7KBW

    Rebecca acted for Manchester Building Society in its claim against Grant Thornton and in the litigation following the collapse of subprime lender Cattles. "She's got the complete package: savvy, persuasive, excellent judgement".

  12. ​Equity

    In the context of professional negligence, when do equitable solutions provide your clients with a different, and potentially, advantageous outcome?

    How do you frame them?

    Answered by: Jeremy Cousins QC of Radcliffe Chambers

    Jeremy represented Rosserlane in its dispute with Credit Suisse concerning the sale of an oilfield, allegedly undervalued by hundreds of millions of dollars. He is "an exceptional silk". He sits as a deputy High Court judge.

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500