Mark Studer

Professional Liability CV

Mark deals with professional negligence claims for insurers, professionals and claimants arising in any part of the private client and property spheres. 

Recent cases include:

• Acting for insurers taking proceedings as attorneys to mitigate loss in a solicitors' professional negligence claim; action between stepson and stepfather to set aside a deed of family arrangement and the consequential conveyancing documentation (an assent of the family home) on the grounds of undue influence or common or mutual mistake; provision of advice and draft documentation for the resolution of the dispute.
  
  
• Advising a firm of solicitors in relation to professional negligence proceedings threatened against them by the Treasury Solicitor (as acting on behalf of charity generally) where the will which the deceased executed was expressed to leave her residue upon a void non-charitable purpose trust.
  
  
• Acting for solicitors in mitigation of any claim for negligence in proceedings to rectify the will of a deceased client where the associate who took the original instructions failed to establish the full extent of the testator's family, resulting in a devolution of his estate quite different from that which had been intended.
  
  
• Acting for solicitors in mitigation of any claim for negligence in proceedings to set aside a deed of appointment under the rule in Hastings-Bass, where the partner responsible for the drafting of the deed had failed to ensure that it was revocable, resulting in unexpected consequences for inheritance tax.