Professional Negligence

In the current environment of ever-increasing public and regulatory scrutiny, complex claims and investigations involving professional firms make up a considerable proportion of our dispute resolution team’s work.

Our experience in complex negligence actions has given our team an appreciation of the financial, regulatory and reputational pressures faced by our clients. That in-depth knowledge of professional negligence and indemnity, from the perspective of the Defendant, the Claimant and indeed the insurer, means that we can offer clients practical and commercially-aware advice.  We focus on reaching the right solution as efficiently as possible whilst limiting the risk of reputational damage and disruption to the underlying professional activities of our clients. Such results are not only achieved through litigation. Our team regularly advises on alternative dispute resolution measures, including in the fields of arbitration and mediation.

As well as acting in live disputes and investigations, we also advise our clients in relation to the management of risk within their organisations.  We help ensure that adequate systems and controls are in place so that, wherever possible, issues are managed before they have the chance to develop and also help to identify potential exposure trends in our clients’ wider market places.

Our lawyers regularly advise major accounting practices (including the ‘big-four’) across a wide range of professional negligence disputes, but particularly in the fields of tax and assurance.  We also have considerable experience of acting in claims relating to other financial services professionals and solicitors and have a growing practice in relation to claims against construction professionals, valuers, surveyors, architects, receivers and insurance brokers, drawing on the firm’s considerable expertise in the construction sector.

For legal updates and news, please visit the Fladgate Dispute Resolution Hub

If you have any questions or queries please call Ben on +44 (0)20 3036 7401 or email bdrew@fladgate.com

“They are consistently proactive in their approach, providing solutions rather than problems to complex issues. They seem to have a natural ability to go straight to the heart of any issues, analyse the situation and provide very good advice.”

Chambers UK
 
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The ‘professional’ team at Fladgate LLP has ‘good commercial awareness’. The group acts for high-net-worth individuals and companies in claims against solicitors, accountants and construction professionals, and handles defence work for clients including Deloitte and the Medical Defence Union. It is representing a family trust in a claim against a firm of solicitors pertaining to the loss of opportunity to invest in property. Professional negligence head Simon Brew is ‘very knowledgeable’ and dispute resolution head Simon Ekins is ‘excellent’. Janet Keeley, Sophia Purkis, Jonathan Hibberts and Digby Hebbard are also noted.

Legal 500

Simon Brew of Fladgate LLP is prized for the quality of his client care and his abilities “identifying and analysing critical issues in a timely and accurate manner”. He acts for both claimants and defendants, with recent experience handling actions against financial advisers and solicitor firms.

Chambers UK

Simon Brew of Fladgate LLP is a seasoned practitioner with extensive expertise in all kinds of negligence work including claims against legal and construction professionals. Sources comment: “He has a wide range of skills and expertise and a very strong relationship with the Big Four.”

Chambers UK

Sophia Purkis of Fladgate LLP “has an overwhelming ability to grasp and use detail to guide strategy and always positions her clients in the best place.” She is noted for handling cases that cross over between fraud and professional negligence.

Chambers UK

Simon Brew heads the professional negligence department. He acts for both defendants and claimants in high-value and complex financial negligence claims. He is regarded as “thoughtful and measured” by market sources.

Chambers UK

Simon Brew of Fladgate LLP is noted for his commerciality and works with both claimants and defendants from a range of professions.

Chambers UK

“They are consistently proactive in their approach, providing solutions rather than problems to complex issues. They seem to have a natural ability to go straight to the heart of any issues, analyse the situation and provide very good advice.”

Chambers UK

Acts for both claimants and defendants, with recent experience handling actions against financial advisers and solicitor firms.

Chambers UK

  • US media corporation – advising in connection with a £multimillion claim against its project and programme management contractors on an infrastructure project.
  • Architect – successfully defending an adjudication on behalf of an architect arising out of the alleged negligent choice of metal roofing.
  • Contractor – defending court proceedings brought against the contractor, architect and engineer in respect of the design and construction of a nursery using an innovative construction technique.
  • Media company – acting in a claim against accountants for negligence arising out of due diligence report.
  • High net worth Saudi – acting in a £multimillion claim against a leading investment bank for the mis–selling of leveraged structured notes.
  • Former partner of large firm of solicitors – acting for and successfully defending one of 30 defendants, in claims brought by 555 investors in relation to a number of tax schemes derived and promoted by an another party with a total value of £60m plus costs.
  • Large international insurance company and its insured law firms – acting in defence matters.
  • Property investment company – acting in a professional negligence claim against a barrister and solicitors in connection with a £1m+ claim arising out of the off plan purchase of 16 flats in London in excess of £5m.
  • Property development client – acting against a firm of solicitors in a £2m claim relating to negligent advice on a large property acquisition.
  • Large property company – acting in a claim against accountants in respect of negligent audit.
  • High net worth individual – acting in a large claim against a firm of accountants in relation to alleged negligent tax advice relating to the taxation of offshore remittances.
  • Overseas trustees – acting in a multi–party claim against a large national firm of solicitors in relation to negligent offshore tax planning advice.
  • Big four firm of accountants – advising in connection with various risk issues, most recently on a substantial claim against it by a wealthy individual in connection with tax issues arising out of the taxation of share options.
  • Financial services firm – acting in a claim against insurance brokers for professional negligence in relation to advice given in connection with the renewal of a professional indemnity policy.