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Mark Studer

Call: 1976   

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

Professional Liability

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, the action being between a 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.
  • Advising and acting for the corporate trustees of substantial family trusts who had accepted office under two settlements which by reason of negligent drafting contained no operative provisions for the charging of fees; negotiating a compromise of the beneficiaries’ claims against the trustees for negligent breach of trust and the restoration of fees charged unlawfully over a period in excess of 40 years, with a consideration of the tax consequences of the compromise.
  • Advising a HNWI as beneficiary of an offshore settlement with regard to negligent breach of trust claims against his trustees occasioned by their very substantial investment of trust funds in certain US financial instruments, and whether or not the trustees had thereby been guilty of gross negligence for the purposes of an exculpation clause in the settlement.
  • 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 a 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.
  • Representing two elderly bank customers in their claim against the bank for the negligent advice of the bank’s trust department, the matter being compromised by the making of an agreed application to the court for the setting aside on grounds of mistake of a discretionary trust established by the couple on the bank’s advice in circumstances in which (as drawn and executed) the settlement had a quite different effect in trust and tax terms from what they had both understood and expected.