John Wardell QC

Professional Liability CV 

John has extensive experience of dealing with claims against a wide variety of professionals including solicitors, barristers, accountants, financial advisers, valuers, estate agents, actuaries, directors and trustees. 

Recent/notable examples include:

• Overturning the first instance judgment against two barristers who were wrongly accused of negligence in having missed a loss of opportunity claim (Pritchard Joyce & Hinds [2009] EWCA Civ 369).
  
  
• Acting for the claimant in a substantial claim for damages against a project manager arising out of the aborted construction of a new hotel (ongoing).
  
  
• Acting for the claimant in an ongoing dispute arising out of allegedly negligent settlement advice given just before trial (Langsam v Beachcroft LLP).
  
  
• Advising solicitors on their prospects of appealing a finding of liability in relation to the negligent drafting of a will.
  
  
• Successfully resisting a claim on limitation grounds brought by a claimant who alleged that he had negligently been advised to transfer out of an occupational pension scheme (Shore v Sedgwick Financial Services [2008] EWCA Civ 369).
  
  
• Acting for an insurer who was deprived of the opportunity of settling a recovery action on advantageous terms due to the negligence of its solicitors (2008).
  
  
• Acting for a barrister in striking out a claim of negligence on the grounds of an abuse of process (Sweetman v Shepherd and others [2007] EWHC 137).
  
  
• Acting for a barrister in the defence of a claim arising out of his handling of litigation on behalf of a whistleblower [2006].
  
  
• Acting for the successful defendant in a claim brought against a company's actuaries on the basis of an alleged voluntary assumption of risk in a company takeover (Precis (521) Plc v William Mercer [2005] EWCA Civ 114).
  
  
• Successfully defending tour operator against multiple claims arising out of a fatal coach crash in Turkey (Wreford Smith v Airtours [2004] Court of Appeal).
  
  
• Advising claimant in settling a claim for loss of opportunity by reason of his former solicitors' failure to pursue a claim against the Ministry of Defence with due expedition [2003]. 
  
  
• Successfully appealing the dismissal of a claim for the negligent overvaluation of industrial premises (Arab Bank v John D Wood [2000] 1 WLR 857).