I have conducted many cases, both on behalf of claimants and defendants in professional negligence cases. Most of them were “building cases”. Some were claims against engineers and architects in respect of defects or other construction problems. Some were claims against architects and project managers for failing to administer contracts properly. Others were against quantity surveyors and other construction professionals for negligent valuation.
Highlights
I would specifically highlight two cases.
The first: The Rossory Quay litigation in Northern Ireland involving defective low and transfer platforms. This is one of the first cases in which the effect of a duty of care deeds and collateral warranties were considered. It was essentially a claim against an engineer for negligently recommending a proprietary ground treatment system.
Second, was the Hills Road litigation variously known as McAlpine v Panatown, McAlpine v Unex, McAlpine v UIPL. I represented Alfred McAlpine. The final part of that case involved McAlpine and UNEX seeking to enforce duty of care deeds about negligence against each other and in McAlpine’s case against 36 defendants. This involved the full gamut of issues that any professional negligence mega dispute gives rise to.
I also have experience of other professional negligence cases. Again I highlight two areas. The first were claims against valuers. Second, I appeared in cases against solicitors, one particularly relating to negligent advice on the drafting of a contract and the significance in the change of the law.
Reported Cases
Reported cases include:
- Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC); BLR 213; 141 Con LR 232 [2012] PNLR 31 (TCC)
- Community Gateway Association Ltd v Beha Williams Norman Ltd [2011] EWHC 2311 (TCC); [2011] All ER (D) 59 (Sep) (TCC)
- Community Gateway Association Ltd v Beha Williams Norman Ltd (Costs) [2011] EWHC 2994 (TCC); [2011] All ER (D) 120 (Dec) (TCC)
- Fitzroy Robinson Ltd v Mentmore Towers Ltd [2010] EWHC 98 (TCC); [2010] All ER (D) 84 (Oct) (TCC)
- Fitzroy Robinson Ltd v Mentmore Towers Ltd [2010] EWHC 98 (TCC); [2010] All ER (D) 84 (Oct) (TCC)
- Fitzroy Robinson v Anglo Swiss Holding Ltd (No 3)[2009] EWHC 3365 (TCC) 128 Con LR 103, [2010] BLR 165 (TCC)
- Plymouth and South West Co-operative Society Ltd v Architecture Structure and Management Ltd [2006] EWHC 5 (TCC); 108 Con LR 77; [2006] CILL 2366 (also reported on costs at [2006] EWHC 3252 (TCC); 111 Con LR 189; [2007] Lloyd’s Rep IR 596) (TCC)
- Blair & Anor v AWG Residential Ltd & Ors [2005] NIQB 68 (High Court of Northern Ireland)
- Munkenbeck & Marshall v Kensington Hotel Ltd (2000) 78 Con LR 171 (TCC)
- John Harris Partnership v Groveworld Ltd (1999) 75 Con LR 7 1999; PNLJ 697 (TCC)