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professional negligence

Stuart has mediated the following professional negligence claims:

Claim against solicitors for failure to identify the route of drains during a residential conveyance.

Claim against a pensions adviser following transfer of pension fund to a SIPP and onward investment into an “exotic” agro-energy scheme in Cambodia.

Claim against surveyors for under-valuation of a flagship office building in Leeds.

A claim against solicitors for failure to assert an unfair prejudice petition and to obtain adequate security against the majority shareholders who were acquiring their client’s minority shareholding.

Claims by beneficiaries against deceased’s IFA and solicitors
for failure to provide relevant financial information and failure to analyse the information in the production of the deceased’s will.

Claim against uninsured valuers of two investment properties following failure to identify issues with common parts.

Claim against solicitors for mishandling of a claim for non-completion of a conveyancing transaction and subsequent application of proceeds against own invoices and claims for overcharging of fees.

Claim by bank against surveyors for under-valuation of 25-acre 280-unit development site in Scotland.

Claim by bank against surveyors in respect of under-valuation of a commercial property to be used as an enterprise college, including the issue of the appropriateness of development costs
as a basis for valuation.

Claim against solicitors for failure to register restrictions protecting overage covenants involving technical issues as to whether such restrictions against disposition amounted to restrictive covenants.

Claim against solicitors and barrister for negligence in respect of their advice to compromise an earlier claim just before trial.

Claim by bank against surveyor and solicitors for failure to identify planning and contractual issues allegedly impacting value and suitability of security over a 124-unit development site.

Claims against valuers in respect of inadequate access and mistake as to number of bedrooms in valuing mortgage security, with attendant issues of contributory negligence regarding lending policy and failure to mitigate in enforcing the security.

Solicitors' negligence claims in respect of alleged failures
to perfect securities in favour of a private bank.

Claim against bank's wealth management team for failing to effect life insurance prior to death of one of two joint borrowers.

Claim against financial advisers for 750,000 in relation
to the purchase of an investment bond, involving issues of risk profiling, commissions, third party adviser liability and quantum.

Solicitors' negligence claim arising out of mortgage security shortfalls following fraudulent mortgage transactions involving sham firms.

Claims by lender against surveyors in respect of valuations
of two properties, including issues of comparables, acceptable margins of valuation, contributory negligence in the lending
and mitigation.

Claim against surveyors for failing to identify in survey report that one of two bedrooms of an off-plan apartment once built had a greater than anticipated open-plan aspect, resulting in difficulty in letting as a two-bedroom property.

Claim by local authority pension fund against building surveyors and against M&E surveyors following acquisition of commercial office property with air-conditioning system which breached EC environmental regulations.

Claim against solicitors for allowing limitation period
to lapse in respect of a claim for clinical negligence following serious brain injury.

Tranche of 30 claims against a group of surveyors, managed
by the run-off vehicle of a group of financial institutions.

Claim against finance director for negligent accounting advice.

Claim by lender against solicitors for negligent mistake
in redemption statement.

Claim against architect for negligence in design of civic
building scheme.

Claim by bank against solicitors for negligent drafting
of banking agreement on corporate transaction.

Mediation scheme between bank and insurer involving the mediation of tranches of lender claims against solicitors.

Claim against barrister and solicitors for conduct
of matrimonial litigation.

Claim against accountants for valuation of target business.

Group of claims against valuers by lender in respect
of various residential properties.

Large group of lender valuation claims.

Private claim against surveyor relating to subsidence issues.

Legally-aided claim against surveyor and subsequent valuer
in relation to allegedly overlooked structural defects.

Stuart has experience as a litigator of claims involving allegationsof negligence and regulatory breaches against solicitors, auditors, tax advisers, surveyors and IT professionals, including the following examples:

Claim against accountant for negligent tax advice leading
to unclaimed CGT allowances.

Advising major national surveyors’ practice in disciplinary proceedings brought by the RICS following breaches of regulations relating to administrative control and accounting.

Claim against auditors by listed company following discovery
of major “hole” in the balance sheet of contracting division.

Claim against solicitors for loss of chance following failure
to pursue certain claims diligently and protect clients from impact of Legal Aid charge.

Claims by Lloyd’s Name against underwriters for negligent underwriting.

Claim against auditors by Co-operative Society following discovery of fraud in motor-trading division.

Claim against IT services company following allegedly negligent design and implementation of mobile telecoms portal system.

Advising incorporated solicitors’ practice on investigation by Solicitors Regulatory Authority into various regulatory breaches.

Proceedings against auditors relating to the collapse of listed computer company.

Claim against software supplier and consultants for negligent under-sizing of computer hardware required for system.

Claim against former accountant for non-production of financial statements.

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professional negligence
  Please feel free to contact Stuart directly, or to speak to his clerks at IPOS   


07831 624579




03330 144575




03330 144575



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