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Professional indemnity

professional indemnity

hear Ceri-Sian Williams discuss the implications of the NA (Armes) v Nottinghamshire County Council judgment

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We understand that a negligence claim against a professional requires sensitive and careful handling given the significant reputational risks for the professional. Our experienced team of professional indemnity lawyers work closely with our client from the moment we are instructed to gain an understanding of their views on the claim, as well as the commercial considerations in play so that we can form a strategy that leads to a good outcome for our client and their insurer.

Our lawyers are experts in the professional services sectors in which they operate, allowing them to quickly identify the most pragmatic and commercial solutions to claims. Our specialist experience also means that we can provide value-added risk management support to our insurer clients’ policyholders, focused on mitigating the emerging exposures within the relevant professional sector. Our team has a substantial presence in London but the majority of our professional indemnity team is based in Nottingham. This allows us to provide dynamic claims solutions that offer genuine value for money, with a central base and five office network that gives our specialist lawyers national reach.

what we do...

Our clients – major professional indemnity insurers, Lloyd's syndicates, managing general agents, third party administrators, professional services firms and policyholders.
Bespoke claims handling schemes – providing fixed fee cost effective claims solutions.
Our experience – over 25 years acting for insurers and indemnifiers of a wide range of professions:
- from the traditional; solicitors, accountants, surveyors,architects, construction professionals,insurance brokers, IFA's and other financial services professionals
- all the way through to the emerging; management consultants, recruitment agencies, health and safety professionals and agronomists.

Specialist services - including professional liability claims defence, advising on institute ‘minimum terms’, coverage and indemnity disputes, claims handling, policy drafting, risk management advice and auditing, fraud and dishonesty investigations, and professional disciplinary enquiries.
Extension of your team - our clients regard us as an extension of their own team – whether we are working with underwriters on innovative new products, helping them win new business by attending risk presentations, or working with claims teams in mapping exposure to high value liabilities across entire books of business, such as those arising from mass mis-selling claims.
Industry membership – Forum of Insurance Lawyers, British Insurance Law Association, Chartered Institute of Arbitrators, International Bar Association, Lloyd’s Market Association.

related resources

Legal updates

Court of Appeal rules on relevant ‘knowledge’ required under s.14A of the Limitation Act

A recent Court of Appeal judgment on 16 May 2018 considered the test for relevant ‘knowledge’ within section 14A of the Limitation Act. The Appellant was appealing against a decision granting the Respondents summary judgment on the basis that the claims against them in negligence and for breach of contract were time barred.

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Legal updates

Supreme Court rejects War Risks cover for detained vessel

Navigators Insurance Company Limited and Others v Atlasnavios-Navegacao LDA (formerly Bnavios-Navegacao LDA) (‘The B Atlantic’) [2018] UKSC 26

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Legal updates

Dreamvar: Back to the future

In 2017 the then Communities and Local Government Sajid Javid said that the utilisation of digital technology was a major theme of this government in its attempt to speed up and simplify home buying and selling process.

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Legal updates

Court of Appeal rules on test for apparent bias and an arbitrator’s duty of disclosure

A recent Court of Appeal judgment considered the test for challenging the appointment of an arbitrator on the grounds of bias and in particular the extent of an arbitrator’s duty of disclosure to the parties as to his appointment in multiple related arbitrations.

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what our clients say....

Exceptional client service Browne Jacobson

I can honestly say there was nothing you could have done better. I have rarely been so impressed by any service we have received.

High quality and very responsive, with leading client service.

James Pilgrim-Morris, Head of Claims, Hiscox UK and Ireland

Highly knowledgeable, accessible and quick to understand key issues.

Sally Lodge, Hiscox

what the directories say...

Exceptional insurance industry acumen and businessfocused approach.

Legal 500 2016

They go out of their way to understand their clients’ issues to ensure that a true working partnership is developed to the mutual benefit of the parties involved.

Chambers 2016

They are really keen and really responsive.

Chambers 2017

They provide a very good service, strong advice at a reasonable price.

Chambers 2016

Their advice is very succinct and very easy to follow.

Chambers 2016

Prominent in acting for a broad range of professionals, including recruitment consultants and letting and estate agents. Also assists commercial businesses with D&O related negligence. Impressive client list includes large insurance groups and construction companies.

Chambers 2016

Very timely, accurate and succinct advice.

Legal 500 2016

recent experience

Acted in relation to a £253m D&O/professional negligence claim against non-executive directors of an investment company which collapsed in 2010 leaving liabilities to creditors and investors in excess of £300m.
Advising on a £17m claim against a firm of actuaries arising from the defective amendment of the benefit rules of the occupational pension scheme of a FTSE250 listed company. A claim has also been made against a top 25 firm of solicitors who acted in relation to the transaction.
Defending a firm of accountants in relation to a potential claim arising from the tax compliance of a UK based investment fund, caused by a change to its accounting policies in the US leading to a failure to disclosure £10m of relevant income.
Acting on behalf of a finance broker which faced a multi-million pound claim for losses incurred by a property developer arising out of a development alleged to have failed due to negligent advice in relation to the structure and terms of a bridging loan facility brokered by the insured.
Acted on behalf of a professional indemnity insurer in relation to claims advanced by the Financial Services Compensation Scheme under the Third Parties Rights Against Insurers Act 1930 following the insolvency of an IFA network.

our people

related opinions

Are your communications with an expert disclosable?

The Court has ruled in the case of Allen Tod Architecture Ltd (C) v Capita Property and Infrastructure Ltd (D) [2016] EWHC 2171 (TCC) that as a condition of being granted permission to instruct a new expert (having lost confidence in the first expert instructed) C had to provide disclosure of the first expert’s preliminary report.

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