Professional Negligence – examples of mediations undertaken
An architects negligence action brought by a prime contractor on a large inner city development project (c. £10 million).
A solicitors negligence action arising out of the sale of land and the adverse impact of various overage provisions (c. £500k).
An accountants negligence action arising out of tax advice given on the structuring of a share option plan (c. £1.5 million).
A claim brought by a lending bank against valuers for overvaluation of land and its development potential (c. £3 million).
Mediation of a claim against planning consultants by a waste management company arising out of refusals of planning consent and associated delay.
Mediation of a claim against independent financial advisors.
A claim brought against a valuer by an asset-based lender for alleged negligence in valuing the gross development value of a commercial property and surrounding land, including issues such as the ‘bracket’ of non-negligent acceptability, causation and reliance, and contributory negligence (e.g. failure to follow internal lending guidelines on LTV and generally) (c. £1.6 million).
An action brought by a bank against a monitoring surveyor arising out of alleged negligence in the monitoring of a failed property development venture, with debate focusing on RICS guidance on project monitoring, reliance, causation, quantum (SAAMCO) and contributory negligence (in relation to initial lending decisions and acceptable LTC and LTCDV ratios)(c. £10 million).
A pre-action mediation arising out of the alleged negligence of a valuer in advice provided in connection with a hearing before the Leasehold Valuation Tribunal for determination of the premium payable on a leasehold extension under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993.
Several valuer negligence claims involving argument over the proper application of the SAAMCO principles.
A multi-party dispute arising out of the development of a brown field site with various lenders, who were party to a master participation agreement, supplying development finance to a development company which subsequently went in to receivership, with claims against and between guarantors, allegedly negligent valuers and quantity surveyors.
An architects negligence action arising out of the development of a property and, in particular, the laying of foundations (with the builder brought in as third party), the primary allegation being that the original specification prepared by the architect and subsequent instructions issued by him were negligent (c. £120k).
A negligence action concerning the foundations of a major structure with negligence alleged against various parties including geotechnical, soil and environmental engineers.
A claim against a bank by a high net worth individual claiming that he was negligently advised to enter into certain investments.
An accountants negligence action arising out of tax advice given on the purchase of a luxury yacht.
A negligence action brought against accountants in relation to the setting up of a share option plan and the tax consequences thereof.
A solicitors negligence action arising out of a time-barred personal injury action.
A solicitors negligence action concerning the drafting of an earn-out provision in an acquisition agreement.
Mediation of an action against a solicitors practice in which negligence in the settlement of an ancillary relief claim was alleged.
A multi-party professional negligence action arising from alleged shortcomings in a procurement process commenced by an OJEU Notice which ultimately led to a claw-back of a proportion of EU funding earlier awarded;
A negligence action against insurance brokers for failure to make timely notification of a claim to professional indemnity insurers, resulting in insures declining the claim for late notification.
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