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Simon Atkinson

Call: 2011   

+44 (0)20 7306

Professional Liability

Simon’s instructions concerning professional liability arise predominantly out of his property, trusts and pensions practice.  He has particular experience in litigation brought against legal and actuarial advisors as well as surveyors.

Recent instructions include:

  • Acting for the purchasers of a penthouse apartment in a claim against their conveyancing solicitors for failing to advise in relation to the increased liability to Stamp Duty Land Tax as a result of a proposed variation to the transaction following exchange of contracts but before completion.
  • Acting for the beneficiary of two will trusts in professional negligence proceedings brought against the solicitors retained to draft the wills of the testator and testatrix.
  • Appearing for third-party defendant solicitors in a professional negligence claim brought by the trustees of a pension scheme against its actuarial advisers concerning the equalisation of normal retirement dates.
  • Acting (with Nikki Singla) for various director defendants of a Jersey-based corporate trustee in a two-day mediation.  The Jersey litigation concerned alleged breaches of common law and fiduciary duties by the directors of a corporate trustee of a family settlement.
  • Acting (with Jonathan Hilliard QC) for the defendant actuarial advisers in a professional negligence claim concerning the equalisation of normal retirement dates.
  • Acting for the freehold owners of land who had, on legal advice, granted and later extended an option over their land. The principal issues in the case concerned the existence or otherwise of a legal adviser’s duty to revisit earlier advice and whether that duty extended to advising on the commercial consequences of extending the option agreement.
  • Acting for the vendors of freehold owners of land in relation to a potential professional negligence claim against their conveyancing solicitors. The land had been conveyed subject to certain overage provisions which had not then been fully registered by their legal advisors.