CLC’s members are involved in supporting hundreds of claimants in professional negligence litigation. Claims in this sector include group litigation against solicitors in property transactions through our direct access route as a BSB registered entity entitled to conduct litigation on behalf of individuals.

 

Members are regularly instructed to advise upon and draft proceedings in accountant’s negligence, claims against insurance brokers as well as negligence in the design and construction industry. Property valuation is a further source of claims in this sector from disappointed investors and purchasers who are unable to make good their original investment.

 

CLC provides particular insight into failed conveyancing transactions in property disputes, providing a counter-factual line against which the conduct of a conveyancer can be measured.

 

CLC has a track record of involvement in claims against insurance companies, including high value, multi-party actions. It has litigated issues surrounding aggregation the mechanism whereby an insurer, with an indemnity limit on a ‘per claim’ basis, minimises its exposure to numerous related claims being made against a particular insured. A claimant should resist aggregation so as to have the full policy limit available for each claim.

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COVID cancellations have increased litigation against insurance companies and the contractual basis for refusal of cover. Accurate interpretation of the conditions of an insurance contract is always an important first step.

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Helpful Links

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FCA guidance in light of the exceptional circumstances arising from coronavirus: https://www.fca.org.uk/publications/finalised-guidance/product-value-and-coronavirus-guidance-insurance-firms

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Supreme Court case on aggregation: AIG Europe Ltd v Woodman & Ors [2017] UKSC 18 https://www.bailii.org/uk/cases/UKSC/2017/18.html

 

Insurance conduct of business sourcebook: https://www.fca.org.uk/firms/insurance-conduct-business-sourcebook-icobs

 

Solicitors Regulatory Authority (SRA) guidance for the public: https://www.sra.org.uk/consumers/

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CMA legal services market study: https://www.gov.uk/cma-cases/legal-services-market-study

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