Professional liability
This area includes claims against:
- Lawyers and conveyancers
- Construction professionals
- Accountants and financial advisors
- Valuers
- Insurance professionals
- Others (see below).
Members of 3PB’s commercial group have extensive experience in advising and acting on a wide range of professional liability claims concerning the professions listed below, with particular emphasis on claims against lawyers, accountants and property and construction professionals.
We have expertise in the progression and handling of such claims from the perspective of both the client and the insured professional, which enables us to give clear, focused realistic advice about the issues of scope of duty, limitation, proof of breach of duty, causation and assessment and quantification of damage.
Many of our members accept instructions on a direct access basis and can give a preliminary review of the proposed claim. Where it is necessary for a solicitor to be instructed, we are able to recommend solicitors with particular expertise.
We can assist with all stages of such claims from a preliminary consideration of the merits of a proposed claim, drafting pre-action protocol correspondence, drafting statements of case, representing clients in the ADR process at mediation or settlement meetings and, if court proceedings are issued, in advising and representing clients at all stages of the litigation from the first case management conference right through to trial and appeal.
Specific professions that we cover include:
- Accountants
- Auditors
- Architects
- Barristers
- Construction professionals
- Conveyancers
- Dentists
- Engineers
- Estate agents
- Financial services advisers & intermediaries
- Insolvency practitioners
- Insurance brokers
- Planning consultants
- Probate practitioners
- Solicitors
- Surveyors
- Valuers
- Veterinary surgeons.
Where cases include professional disciplinary issues, our colleagues in the 3PB Public and Regulatory team are available to provide additional specialist expertise.
Similarly, 3PB's experienced Clinical Negligence team can provide support for cases pertaining to medical negligence.
Our Commercial Barristers...
King's Counsel
Junior Counsel
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Commercial litigation and insolvency barrister Aaron Luxton joins 3PB (3 Paper Buildings) after moving across from law firm DWF, where he had been a solicitor-advocate and an employed in-house barrister. Aaron has become a tenant of chambers upon the successful conclusion of his third six pupillage, joining the 50-strong commercial litigation team. Working from 3PB's Birmingham office, and practicing nationally, Aaron specialises in commercial, contractual and insolvency disputes. He has a particular interest, and experience,...
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Commercial litigation barrister Saunak Irani-Nayar, who graduated with a BA and MA degree in Economics from the University of Cambridge and has been awarded several scholarships and prizes for his academic results, has become a member of 3PB. He specialises principally in banking, securities and finance litigation, contractual and business-to-business disputes, property disputes and consumer credit litigation. Ranked 1st in his year on the GDL, Saunak achieved one of the highest sets of marks ever...
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3PB commercial law barrister Cheryl Jones (pictured here) analyses Ellis v John Hodge Solicitors (a firm) EWHC 2284 (Comm), a case which raises the relevance of the long established right of the lien. Cheryl examines in particular the circumstances in which the power of the lien may be in turn strengthened or weakened. Click here to read Cheryl’s case analysis. Cheryl Jones is a member of the Commercial and Property and Estates teams. Cheryl is an...
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3PB’s specialist commercial litigation barrister Jakob Reckhenrich, pictured here, advises clients on the court's approach to requests to pay judgments by instalments. In this newly-penned article, Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions. Jakob advises that judgment debtors are usually required to pay within 14 days and that it is for judgment creditors to decide what means of enforcement to use, including the...
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Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...
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3PB’s commercial barrister Neil Fawcett has co-produced, with Jessica Simor QC from Matrix Chambers, a 20-page legal opinion for the Central Office of Public Interest which says there is a "strong legal argument" that estate agents not disclosing air pollution levels would be considered negligent. This follows the news about a new pollution rating tool for every postcode in the UK, addresspollution.org - using 1.5 billion data points generated by air pollution experts at Imperial...
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3PB Head of Chambers David Berkley KC is delighted to announce that barrister and former Advocate David Parratt KC (call: 1999/Silk: 2017) has joined full-time from Arnot Manderson Chambers in Scotland, having previously been a door tenant with the national chambers. David (pictured here) is a leading counsel for international and UK arbitrations and also has experience acting as arbitrator. He is renowned for his work in commercial, construction, engineering and energy disputes. He has...
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Property conveyancing solicitors and tax practitioners involved with stamp duty land tax need to be wary after a rise in claims against them for professional negligence for failing to advise on, or failure to submit a return for, Multiple Dwelling Relief (MDR). 3PB’s commercial and tax specialist barrister Max Schofield, who has described the present spike in claims as a “new negligence outbreak”, explains the importance of multiple dwellings relief when considering stamp duty land...
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3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...
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3PB Head of Chambers David Berkley QC has warned that lawyers waiting until the last minute to file claims are taking huge negligence risks given the court’s hardline approach. The summer’s Court of Appeal judgment in Woodward v Phoenix established there was no duty on a party to inform the other side of procedural mistakes, even though it denies the other party of its rights of action. The case involved a claim served on the...
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When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP [2018] EWCA Civ 2347. Click here to read Richard's analysis. Richard is a Commercial Law barrister specialising in professional negligence and business disputes. View Richard's profile here.
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