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Legal Focus
OCTOBER 2013
Professional Negligence
This month we speak to Damian Croucher from Churchgate Legal LLP, a niche litigation and commercial property law solicitor’s practice. Here he tells us about his work within the sphere of Professional Negligence and the notable cases he has been involved in recently.
Please introduce yourself, your role and your firm.
Churchgate Legal has extensive experience in dealing with our specialist areas, so our lawyers are quickly able to assimilate complex problems and analyse the legal position giving our clients the best chance of a successful outcome.
I have specialised in professional negligence for over 12 years. I fight for justice for clients who have been the victims of negligent solicitors' (and other professionals') advice with a view to maximising their compensation and recovering all their losses. Clients know that I always take their cases personally, which is perhaps why I have never lost a professional negligence claim.
Much of my work is on an agreed fee basis, in order to keep my client's personal outlay in achieving justice as low as possible. The real value to my clients however is in the successful outcomes I achieve.
I write extensively on professional negligence issues through Ezine Articles, Guides, blogs and other media. I am a member of the Professional Negligence Lawyer's Association (PNLA) and the Commercial Litigation Association (CLAN).
I also act for commercial clients' disputes with the same vigour and enthusiasm. I aim to achieve 90% client satisfaction in order to develop long term relationships with my clients.
can you please tell us about any recent notable cases you/your firm have been involved in?
Reported case: • Aceramais Holdings Ltd v Hadleigh Partnership Ltd [2009] EWHC 1664 (TCC) - Our Mr Marshall acted for the defendant in
successfully dismissing a part 8 claim by the claimant regarding a declaration that the contract was not in writing for the purposes of Housing Grants Construction and Regeneration Act 1996.
The claim arose out from the
defendant’s part 7 enforcement of an adjudication decision for unpaid costs valued at approximately £800,000.
• Representing an established architect in a £2.5 million pounds claim brought by the claimant developer for alleged professional negligence. The case was settled in the architect’s favour with no payment of damages.
• Representing two individuals in a Building Act notice brought by a Council for repairs to a retaining wall, and has settled both outside of the court;
• Represented an individual in response to a claim brought by a contractor for alleged unpaid costs and settled the claim in the individual’s favour without payment of any costs;
• Represented a developer on a multi-million pound development in respect of a dispute with an established contractor and in which the developer was successful in dismissing a claim for an extension of time and claiming liquidated damages;
• Represented two clients in a professional negligence claim in respect of retirement properties in Egypt where a firm of solicitors in England had acted for them in the sales. Our clients paid all of the money required by the developer but could not get access to their properties and that the properties may have been “double sold” to another buyer. Our investigations revealed that the solicitors had
failed to carry out the proper due diligence checks to ensure that the terms of the sale contract between the seller and our clients to protect their interests. We argued that the solicitors had been negligent and were successful in recovering 90% of our clients’ outlays for the property plus costs;
• We represented clients in a professional negligence claim where the clients had lost a court claim where the solicitors had failed in its duty to consider after the event insurance. Our client alleged negligence. The defendant’s insurers agreed to pay 75% of our clients’ claimed damages, plus their costs;
• We represented our client in professional negligence against a solicitor who had acted in a lease purchase where our client had not been properly advised about an onerous rent review clause. The solicitors' insurers then admitted liability and, as a consequence, we were able to recover substantial damages for our client, together with her legal costs. LM
contact: churchgate Legal LLP 14 Park Road Whitchurch cardiff cF14 7Bq
tel: 029 20 660 157 Fax: 029 20 660 158 Website: www.churchgatelegal.co.uk Email: enquiries@churchgatelegal.co.uk