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Professional negligence
Lawyers
Clare is regularly instructed in claims involving solicitors and/or Counsel and represents both Claimants and Defendants. She particularly specialises in cases arising out of the alleged loss, or under-settlement, of personal injury/clinical negligence litigation (which are often high value) because of her extensive experience of practising in those fields and is well known for acting in professional negligence claims arising out of disputes involving ancillary relief cases or children matters.
Clare has appeared in a considerable number of trials and applications for summary judgment in such cases. Her recent instructions include:
- Acting for the Defendant solicitors in relation to a Counterclaim by a former client alleging the under-settlement of very high value ancillary relief proceedings which involved various properties, including one abroad. The Counterclaim was discontinued.
- Acting for the Defendant firm in a claim brought by a sole practitioner solicitor against his former Counsel and himself trading as a firm arising out of an alleged overpayment to his ex-wife in ancillary relief proceedings. Those proceedings were discontinued against the firm after it was contended that the solicitor could not sue himself. The Bar Mutual Indemnity Fund Ltd then applied to join the associate solicitor employed by the Claimant/Defendant as a Third Party. Clare was also briefed to represent the associate on that application which was successfully opposed on the basis that it was unsustainable as a matter of law.
- Acting for the Defendant solicitors in relation to a claim by a former client arising out of an alleged failure to pursue a personal injury claim in Spain. This involved interesting questions arising out of the withdrawal of a pre-accident admission in the professional negligence action and out of the approach of Spanish law to limitation, liability and quantum issues.