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Professional Negligence

What our barristers offer

39 Essex Chambers includes barristers with extensive and wide experience of advising on professional negligence claims. We advise claimants and defendants. We provide advice and representation in relation to related professional indemnity insurance issues and regulatory and disciplinary proceedings.

Our experience

A core team at 39 Essex Chambers represented the claimant insurers (Winterthur/NIG) dealing with the ground-breaking professional negligence litigation arising out of the collapse of The Accident Group.

Our barristers represent clients in professional negligence cases in the following professions:

Accountants and auditors

due diligence, tax and business advice
failure to detect corporate/management fraud
over-valuation of assets
under-statement of liabilities
breaches of corporate governance.

We have acted in disputes concerning the full range of accountancy firms – from the Big Four firms and the large London and nationally represented accountancy firms down to the high street practice.

Our experience extends to accountancy advice provided to clients in all commercial and construction industry sectors.

Construction professionals

Our barristers advise on cases involving architects, engineers, project managers, designers and surveyors in the construction, engineering, information technology, mining and energy sectors.

Financial practitioners

Our barristers have advised extensively on the growing number of cases arising out of a comprehensive and detailed regulatory regime on issues such as mis-selling of investments, pensions and other products, as well as tax advice.

We have been involved in drafting representations to the FSA and FCA. Our barristers have advised clients in hearings before disciplinary committees of the ICAEW and the British Insurance Brokers Association.

Solicitors and barristers

Our barristers are instructed by professional indemnity insurers and claimants in many disputes involving barristers and solicitors, particularly those arising from failed or settled litigation.

Significant cases dealing with professional negligence matters, include:

acting for London Underground and Kajima in negligence actions prompted by the Chancery Lane derailment
advising and representing a defendant firm of quantity surveyors facing a £12m claim stemming from cost overruns in a large commercial development
advising and representing defendant engineers in Secretary of State for Transport v Pell Frischmann Consultants Ltd
advising and acting for the defendant engineers on the Thelwall Viaduct refurbishment – Secretary of State v Mott Macdonald Ltd
Landfast (Anglia) Ltd v Cameron Taylor One Ltd. (2008) 117 Con LR 53 (TCC)
Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates (2007) EWHC 2989 (QB).

Who to contact

Ben Sundborg is the Senior Practice Manager for the Professional Negligence team and will, along with the clerking team below, be able to help you with any questions.

Ben Sundborg