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David Phillips QC

Call: 1976    QC: 1997

+44 (0)20 7306 0102dphillips@wilberforce.co.uk

Professional Liability

In the past David had a claimant based practice involving claims against professionals – predominantly solicitors, surveyors and accountants. More recently has been predominantly instructed by defendants and their insurers. Of late David has been regularly instructed by the Bar Mutual in commercial claims arising out of or connected with the football industry.

David’s recent experience includes the following:
Representing a lawyer in a potentially high profile multi-million pound claim advanced by a premier league club. The claim was successfully managed so that the threatened proceedings were never issued. An example of how the correct strategy can lead to an early resolution of a dispute.
Defending a national firm of solicitors against a claim brought by a mobile telephone application designer. The complaint was that the solicitors had failed properly to protect the intellectual property rights. The case was dismissed following a five-day trial.

Defending a national firm of solicitors against a claim brought by a mobile telephone application designer. The complaint was that the solicitors had failed properly to protect the intellectual property rights. The case was dismissed following a five-day trial.

Representing a barrister who had given negligent advice in the context of an employment contract. A proportionate sum was negotiated by way of compensation, avoiding the publicity of litigation.
Representing a leading member of the Bar who was alleged to have conducted defamation proceedings negligently. Again, the claim was successfully managed so that the threatened proceedings were never issued.

Sitting as an arbitrator in a five-day arbitration between a solicitor and his professional indemnity insurers who sought to avoid the policy. The central issue was one of material non-disclosure. The case was fiercely contested and threw up a variety of detailed factual and legal issues.
Representing a business owner whose insurance claim had been avoided on the grounds of non-disclosure. The claim is against the insurance brokers who it is said failed to advise and inform the claimant properly. The action is proceeding to a witness trial later in 2018.