Emily McKechnie

Professional Liability CV

Emily is regularly instructed in cases involving issues of professional liability, including cases concerning the legal profession, the financial industry, pension schemes (including trustees and scheme administrators), directors, surveyors, and construction professionals.

Recent cases include:

• Defending a multi-million pound claim for dishonest breach of trust and dishonest breach of fiduciary duty against a solicitor who acted as a trustee of a family settlement, trustee of a will trust, and director of a property investment company.
  
  
• Representing two barristers (a silk and a senior junior) in defence to a claim for professional negligence arising out of advice given as to the effect of a receivership order granted in support of confiscation proceedings brought under the Criminal Justice Act 1988 (with John Wardell QC).
  
  
• Acting for a landed estate in a claim against two firms of solicitors and a barrister for negligent advice concerning the decision to take and retain possession of a hotel in central London (with Jonathan Seitler QC).
  
  
• Representing a financial services firm in defence to a claim alleging negligent advice in relation to the establishment of Self-Invested Personal Pensions.
  
  
• Acting for the administrator of a pension scheme in defence to a claim for negligence relating to the drafting and implementation of pension scheme rules. The case also involved a third party claim against a firm of solicitors (with John Wardell QC).
  
  
• Acting for a number of national mortgage-lending companies in a series of claims for compensation against solicitors and chartered surveyors who advised the mortgage-lending companies in high-value commercial and residential loan transactions.
  
  
• Representing a firm of independent financial advisers in defence to a claim by trustees of an occupational pension scheme for professional negligence in relation to their dealings with a deferred annuity policy (with Michael Tennet QC).
  
  
• Acting for a leading construction management firm in a multi-million pound claim for professional negligence against a national firm of structural engineers (with Joanna Smith QC).
  
  
• Defending a claim for investment mis-selling on behalf of a national firm of financial advisers.