Professional negligence

Many members of Chambers have expertise in professional negligence and liability. We are able to offer expertise in clinical negligence, the negligence of lawyers, building and engineering professionals, accountants, computer and technology professionals, other professions such as brokers and agents, public authorities, professional regulatory and disciplinary bodies, professional liability insurance and all aspects of the law relating to professional negligence and liability. We cover all fields of professional negligence law and all areas of the country.

Most members listed here are members of the Professional Negligence Bar Association and many have written and lectured on this and related fields. Some members are qualified, and have experience, in professions such as surveying and accountancy or degrees in relevant disciplines such as engineering.

Silks

The 3PB team has Queen's Counsel experienced in all fields of professional negligence, notably Michael Parroy, Roger Farley, Nicholas Braslavsky and Graham Wood.

Michael Parroy has led members of Chambers in clinical and lawyers' negligence cases.

Nicholas Braslavsky specialises in clinical negligence, particularly orthopaedic, obstetric, gynaecological, intensive care, anaesthetics, vascular, accident and emergency, ophthalmic, ENT and neurology; and all aspects of personal injury.

Graham Wood practises mainly in clinical negligence and personal injury.

Clinical negligence

We are able to offer experience of clinical negligence cases at all levels of seriousness. Members have acted in heavier clinical negligence matters such as brain damage cases and are familiar with claims which include Court of Protection and receivers' fees. Cyrus Katrak has acted in high profile cases such as the 3M hip implant case. Nicholas Leviseur has an interest in cases where the issue of quantum involves considerable legal or factual complexity.

Lawyers' negligence

The negligence of solicitors, barristers and other legal advisers such as licensed conveyancers commonly arises either in the mishandling of property or commercial transactions or in the conduct of litigation. members of the relevant specialist practice group will have experience in this field.

Conveyancing, property, probate and commercial matters

Members have acted in solicitors' negligence claims in handling property matters such as trusts, easements, boundaries and title disputes and in the commercial field such as the negligent handling of the sale of a company. David Parry has particular experience of solicitors' negligence in the context of mortgage lending, Gavin Hamilton in cases of conveyancing and business sales and Monty Palfrey of claims arising from the mishandling of landlord and tenant matters. David Parry and Gavin Hamilton have experience of claims arising from probate matters.

Litigation

All members listed have experience in professional negligence cases arising out of the conduct of litigation. See their specialist profiles for more information.

Wasted costs

Susan Solomon acts regularly both for applicants and for the respondent solicitors and counsel in wasted costs cases in areas such as insolvency, crime, family (financial and children cases) and general civil litigation. She acted for the wife in the claim against solicitors in Davy-Chiesman v Davy-Chiesman [1984] Fam 48.

Building and engineering professionals

The team includes Barry Stancombe, Monty Palfrey, Gavin Hamilton, Nicholas Leviseur, David McIlroy and Stuart Kennedy. Its experience goes beyond the more obvious cases: Gavin Hamilton, for example, has acted for ground investigation contractors and for the architect in a case involving the restoration of a mediaeval building.

Architects and engineers

Gavin Hamilton has experience of architects' and engineers' negligence generally. Barry Stancombe and David McIlroy have also acted in architects' cases.

Surveyors and valuers

Monty Palfrey, Martin Strutt, Nicholas Leviseur, Gavin Hamilton and Stuart Kennedy have experience in this field acting for purchasers, lenders, landlords and others. Gavin Hamilton and Nicholas Leviseur have an interest in negligent valuation cases and Gavin Hamilton has particular experience of claims involving negligent surveys of residential property. Stuart Kennedy is a chartered surveyor as well as a barrister.

Accountants and Auditors

David Parry, Peter Jennings, Martin Strutt, Gavin Hamilton, Mark Sullivan and other members are able to cover accountants' negligence cases generally, including negligence claims arising from the mishandling of tax affairs. (We are not however tax specialists and do not advise on pure tax questions.)

David Parry and Gavin Hamilton have experience of cases involving negligence in tax advice and in audits and David Parry in trust matters. Mark Sullivan is a chartered accountant.

Computer and information technology professionals

David Marshall has particular expertise in the field of computer and information technology. Cases include negligent design and implementation of computer systems and websites.

Other professions

The clerks will be able to advise on the choice of the right barrister for any particular case. Monty Palfrey and Elaine Strachan, for example, have experience in cases involving the negligence of estate agents and Peter Jennings, David Parry, Gavin Hamilton and Barry Stancombe in cases involving brokers.

Public authorities

We undertake cases involving negligence in the exercise of functions of public bodies. Nicholas Leviseur has particular experience of negligence actions involving prisons, mental health institutions and the Ministry of Defence.

Professional regulatory and disciplinary cases

Members are experienced in cases before professional regulatory bodies and disciplinary tribunals.

David Parry and Gavin Hamilton act in Solicitors' Disciplinary Tribunal cases. Richard Tyson appears regularly on behalf of the General Medical Council before its Professional Conduct Committee. He recently appeared for the GMC to prosecute a doctor who, despite medical evidence contrary to his findings, gave expert witness evidence diagnosing temporary brittle bone disease: the doctor was struck off. Peter Jennings has acted in nurses' disciplinary proceedings and Gavin Hamilton in surveyors' and insurance brokers' disciplinary matters.

Nigel Seed, David Swinstead and David Marshall are legal assessors to the General Medical Council. David Swinstead is a legal assessor to the General Dental Council and others. Gavin Hamilton has acted as a legal assessor to the United Kingdom Central Council for Nurses and Midwives.

Publications

Members of Chambers have written and lectured extensively on professional negligence and related topics. Nicholas Braslavsky contributes regularly to conferences on clinical negligence and procedure. Graham Wood is co-author of Bingham’s Negligence Cases and lectures frequently on civil law matters. Peter Jennings has written on civil procedure and is an editor and author of Facts and Figures: Professional Negligence Bar Association Tables for the Calculation of Damages. Christopher Whelan is a regular contributor to academic and professional journals on clinical negligence and on solicitors' negligence and insurance and has written or edited six books, including The Law and Economics of Professional Liability Insurance (special issues of the Geneva Papers on risk and insurance).