James Ayliffe QC

Professional Liability CV

James has extensive experience of professional liability matters, including claims for negligence, breach of contract, breach of fiduciary duty, breach of trust or breach of regulatory or professional rules. 

His experience includes matters relating to:

• solicitors
• barristers
• accountants
• valuers
• investment managers
• financial advisers
• actuaries
• pension advisers
• directors
• trustees
• surveyors
• construction professionals.

He also advises on professional indemnity insurance matters (including declinature of cover, aggregation of claims, conflicts of interest/separate representation, confidentiality/privilege issues, interpretation of policy provisions) and conducts indemnity interviews.

He is recommended for professional negligence work in both The Legal 500 and Chambers & Partners. 

Some representative cases include:-

• acting for accountants facing multi-million pound claim for losses arising out of PPP/PFI project;
• advising pension fund administrators in relation to claim by trustees of occupational pension scheme for losses arising out of failure to implement Barber equalisation;
• acting for accountancy firm facing £50m claim arising out of allegedly negligent audit work in failing to detect that company was being run as Ponzi scheme;
• advising City solicitors regarding mitigation options in relation to multi-million pound negligence claim in relation to advice regarding acquisition of property
• acting for QC facing claim for negligence in relation to conduct of high-profile litigation;
• advising solicitor indemnity insurer on coverage issues arising from multiple claims by lenders for losses arising out of mortgage frauds;
• acting for City solicitors facing multi-million pound claim for negligence in implementation of tax saving scheme;
• acting for accountancy firm facing US$30m claim by hedge fund arising out of failure to warn of fraud in relation to proposed investment by fund;
• acting for solicitors in defence of £200m claim arising out of advice given in connection with takeover of listed company;
• acting for solicitor trustee facing complex multi-million pound claim for negligence and breach of duties in management of trust assets over more than 20 years;
• acting for tax barrister facing substantial claim arising out of allegedly incorrect tax advice;
• acting for bank on multi-million pound claim against well-known firm of valuers in relation to losses on development loan facility;
• acting for wealthy individual pursuing multi-million pound claim against accountants/tax advisers in relation to deficient tax advice and failure to disclose "secret commissions";
• advising pension fund trustees regarding multi-million pound claim against City solicitors for alleged negligence in relation to advice regarding property acquisition;
• advising property developer regarding multi-million pound claim against solicitors in respect of failure to secure title to land being developed as a retail park;
• acting for leading tax QC in defence of £10m claim for allegedly negligent advice in relation to container leasing tax scheme;
• acting for tax adviser defending claim for negligent advice in respect of 'exportation" of pension fund;
• acting for leading commercial QC in defence of multi-million pound claim for alleged negligence regarding advice/conduct of commercial litigation;
• acting for solicitors facing substantial claims arising out of failed litigation over ownership of shares in Bonham's auction house;
• acting on claim against financial advisers and actuaries in relation to advice regarding structuring of sale of business and associated pension scheme;
• acting for banking syndicate on £100m claim against City solicitors in relation to advice regarding title to the "Pointwest" development in West London.