Gavin Hamilton

Call 1979
Email gavin.hamilton@3pb.co.uk
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Professional negligence

Gavin Hamilton moved to 3PB in 2004. He handles claims concerning many different professions.

Lawyers

Gavin deals with:

• claims by disappointed beneficiaries and mishandled probate
• lost and/or mishandled litigation claims
• claims by buyers and lenders concerning freehold and leasehold property
• mishandled ancillary relief claims on divorce and co-habitants’ disputes
• claims arising from mishandled business sales

Reported cases include:

Young v Purdy [1997] PNLR 130 (CA)
Hooper v Fynmores [2002] Lloyds Professional Negligence LR 18 (Ch)
Boateng v Hughmans [2002] Lloyds Professional Negligence LR 864 (CA)
Feakins-v-Burstow [2006] PNLR 6 (QB)

Surveyors and Valuers

Gavin has acted in:

• claims by lenders against surveyors arising out of overvaluations of commercial and residential property
• claims arising from negligent surveys of residential property
• a claim by a commercial landlord against a surveyor acting under a rent review clause
• a claim against an expert witness in a boundary dispute

Accountants and Auditors

Gavin has handled a wide range of claims including:

• advising taxpayers on the recovery of tax paid unnecessarily, due to accountant's failure to advise
• acting for taxpayers and accountants in claims to recover penalties and interest due to delays in preparation and filing of accounts and tax returns
• acting for a company against auditors for failing to identify thefts by an employee
• acting for a charity in claim arising from accountant's failure to claim exemption from VAT
• acting for accountants resisting claim by taxpayer for tax paid because no claim made to foreign domicile

Insurance Brokers and Agents

He has advised, and acted for and against, brokers in claims for failure to implement the correct insurance cover, and for brokers in a claim to account for commission.

Architects and Structural Engineers

Gavin's cases have included:

• a claim against an architect for not providing proper advice about the absence of planning permission
• acting for an engineer who advised on piling works for a domestic project
• acting for an architect in the successful defence of a claim by developer concerning the restoration of a mediaeval timber-framed building
• acting for architects on claims brought by employers arising out of extensions to domestic and commercial premises
• defending an engineer in complex multi-party litigation about a landfill site
• defending ground investigation contractors on a claim by the developer for loss and expense arising out of delays to housing development

Reported cases:

Brown v Gilbert Scott (1992) 35 Con LR 39
McGlinn v Waltham Contractors (2007) 108 Con LR 43, 111 Con LR 1, 112 Con LR 148

Professional Disciplinary Bodies

Gavin also has experience in the area of disciplinary proceedings. He has:

• appeared for solicitors before the Solicitors Disciplinary Tribunal
• represented an insurance broker before his professional body
• advised a chartered surveyor in relation to proceedings before the Professional Conduct Committee of the Royal Institution of Chartered Surveyors