Professional liability

Professional liability

What sets us apart as leaders in professional liability work is a thorough understanding of those areas of law within which the professionals themselves operate.

At Wilberforce Chambers we combine dedicated experience in professional negligence with an impressive knowledge of contracts, trusts, tax, complex corporate structures and transactions, pension regulation, land law, financial services, construction law, intellectual property and insurance.

We aim to give clear, practical and realistic advice. This commitment to user-friendly service, combined with our rigorous approach to legal issues and strong advocacy skills, ensures that we stand out from the competition, particularly in complex and difficult cases. Our determination to get the best for our clients also means that we seek to be closely involved in all aspects of the litigation process, from the earliest stages to the ultimate determination, helping to review the best options at each step. In addition, many of our members are trained mediators and arbitrators who can assist in settling disputes without the requirement for potentially costly court litigation.

Our members’ experience encompasses a wide variety of professional negligence work, including claims against solicitors, barristers, accountants, auditors, actuaries, construction professionals (including engineers, architects, surveyors and project managers), finance practitioners (including tax and pension advisers), company directors and insurance brokers.

Our members offer expert advice and advocacy in relation to a wide range of professional liability and disciplinary issues.

Our work includes:

• Advising on the merits of potential proceedings.
• Advising on pre-action protocol letters.
• Drafting statements of case setting out the client’s case.
• Advising on the content of, and settling reports to, insurers, ensuring that the costs and consequences of the various options are evaluated.
• Appearing at interlocutory hearings.
• Advising on evidence, tactics, merits and settlement.
• Advising on the content of, and settling, witness statements.
• Liaising with experts and helping them to express their opinions clearly in reports.
• Advising on Mediation Statements and appearing at mediations.
• Appearing at trials and subsequent appeals.

We also have experience in dealing with regulatory issues in relation to a variety of different professional bodies.

Rankings and recognition

Wilberforce is ranked as a leading professional negligence set in both Chambers & Partners and The Legal 500.

Chambers & Partners 2024: Wilberforce Chambers can bring to bear deep expertise in a wide range of professional negligence claims, acting for both defendants and claimants. The set is frequently sought out for solicitors’ liability claims and matters involving financial services professionals, often complicated by fraud elements. Property-related work is a strong suit, and the barristers are an obvious choice for negligence claims concerning the more complex of conveyancing matters, or major development projects. Members continue to act in matters of considerable size and importance, including Curtiss v Zurich Insurance, a group claim alleging dishonest certification of new-build flats in the largest tower block in Wales.

The Legal 500 2024: Wilberforce Chambers is a leading set which combines dedicated experience in professional negligence with their overall impressive knowledge in the areas of finance, legal, construction, and insurance. In the case, Persimmon, Taylor Wimpey v Osborne Clarke, Jonathan Seitler KC acts for 54 claimants in a group action against solicitors in relation to the claimants’ investments in student accommodations, where the investors lost money as a result of factors which it is said the solicitors ought to have reported. Additionally, Ian Croxford KC successfully acted for Mischon de Reya LLP in Aurium Real Estate London Ultra Prime Ltd v Mishcon de Reya LLP – Aurium claimed that the solicitors had provided Aurium negligent advice in respect to its legal rights concerning a building being demolished.

Chambers & Partners Bar Awards 2023: Jonathan Seitler KC wins Professional Negligence Silk of the Year.

Chambers & Partners Bar Awards 2022: Ian Croxford KC shortlisted for Professional Negligence Silk of the Year.