Professional liability

What sets us apart as leaders in professional liability work is a thorough understanding of those areas of law within which the professionals themselves operate.

At Wilberforce Chambers we combine dedicated experience in professional negligence with an impressive knowledge of contracts, trusts, tax, complex corporate structures and transactions, pension regulation, land law, financial services, construction law, intellectual property and insurance.

We aim to give clear, practical and realistic advice. This commitment to user-friendly service, combined with our rigorous approach to legal issues and strong advocacy skills, ensures that we stand out from the competition, particularly in complex and difficult cases. Our determination to get the best for our clients also means that we seek to be closely involved in all aspects of the litigation process, from the earliest stages to the ultimate determination, helping to review the best options at each step. In addition, many of our members are trained mediators and arbitrators who can assist in settling disputes without the requirement for potentially costly court litigation.

Our members’ experience encompasses a wide variety of professional negligence work, including claims against solicitors, barristers, accountants, auditors, actuaries, construction professionals (including engineers, architects, surveyors and project managers), finance practitioners (including tax and pension advisers), company directors and insurance brokers.

Our members offer expert advice and advocacy in relation to a wide range of professional liability and disciplinary issues.

Our work includes:

  • Advising on the merits of potential proceedings.
  • Advising on pre-action protocol letters.
  • Drafting statements of case setting out the client’s case.
  • Advising on the content of, and settling reports to, insurers, ensuring that the costs and consequences of the various options are evaluated.
  • Appearing at interlocutory hearings.
  • Advising on evidence, tactics, merits and settlement.
  • Advising on the content of, and settling, witness statements.
  • Liaising with experts and helping them to express their opinions clearly in reports.
  • Advising on Mediation Statements and appearing at mediations.
  • Appearing at trials and subsequent appeals.

We also have experience in dealing with regulatory issues in relation to a variety of different professional bodies.

Rankings and recognition

Wilberforce is ranked as a leading professional negligence set in both Chambers & Partners and The Legal 500.

Chambers & Partners 2026: Wilberforce Chambers can bring to bear deep expertise in a wide range of professional negligence claims, acting for both defendants and claimants. The set is frequently sought out for solicitors’ liability claims and matters involving financial services professionals, often complicated by fraud elements. Property-related work is a strong suit, and the barristers are an obvious choice for negligence claims concerning the more complex of conveyancing matters, or major development projects. Members continue to act in cases of considerable size and importance, including Mitchell v Al Jaber. One market commentator notes that “there is an impressive array of expertise on offer at this set”.

Legal 500 2026: Wilberforce Chambers is well-regarded for its expertise in contracts, tax, corporate structures, pension regulations and related professional negligence claims. The set is also experienced in cases within the financial services, construction and insurance sectors. Tiffany Scott KC  successfully defended a barrister who was subjected to a High Court claim for allegedly negligent advice in relation to planning enforcement notices, while Jonathan Seitler KC  has a track record of handling work concerning valuers and solicitors’ negligence.

Chambers & Partners Bar Awards 2023: Jonathan Seitler KC wins Professional Negligence Silk of the Year.

Chambers & Partners Bar Awards 2022: Ian Croxford KC shortlisted for Professional Negligence Silk of the Year.

Notable cases

Blower v GH Canfields LLP [2024]

[2024] EWHC 2763 (Ch)

His Honour Judge Paul Matthews KC found that the defendant firm had at all times provided the correct advice regarding the strength of the claims which the claimant had been facing, noting that the set-off now claimed could not have operated on the facts in any event, nor could the trust interests have operated as the claimant submitted at trial. The Court also found that the claimant had failed to set-off her case on causation in the pleadings – simply stating what she would not have done, but then not setting out what she would have done or what would have happened (the claimant expressly rejecting the application of the loss of a chance doctrine).

Read the full judgment

Yee Shi Yin & Others v 174 Solicitors Limited [2023]

[2023] EWCA Civ 13

A claim by multiple purchasers of off-plan units in city centre blocks against the vendor’s solicitors for having paid away moneys held as stakeholder.

Read the full judgment

Aurium Real Estate London Ultra Prime Ltd v Mishcon de Reya LLP [2022]

[2022] EWHC 1253 (Ch)

A significant 15-day trial involving allegations of negligent legal advice in relation to a proposed development project in central London. One of The Lawyer’s Top 20 cases of 2022.

Read the full judgment

 

Persimmon, Taylor Wimpey v Osborne Clarke [2021]

[2021] EWHC 831 (Ch)

A heavy multi-million pound claim by Persimmon PLC and Taylor Wimpey against former solicitors Osborne Clarke for failing to draft option agreements in a way that avoided foreseeable loss.

Read the full judgment

BASF Corporation v Carpmaels and Ransford [2021]

[2021] EWHC 2899 (Ch)

A substantial claim brought against Carpmaels and Ransford, patent attorneys, which centres round the Defendant’s failure to file a notice of appeal against the revocation of a patent for an emission reduction system to be used in diesel engine worldwide.

Read the full judgment

Barrowfen Properties Limited v Patel and others [2020]

[2020] EWHC 1145 (Ch)

A claim against, inter alia, a firm of solicitors for negligence, deceit and unlawful means conspiracy to procure the entry of the claimant into administration.

Read the full judgment

 

Financial Services Compensation Scheme Ltd and others v Estera Corporate Trustees (Guernsey) Ltd [2020]

A high-value trusts dispute arising from the insolvency of the Freedom Bay property development scheme in St Lucia. The case raised important legal questions about trustees’ ability to rely on investors’ contributory negligence as a defence.

N v RBS [2019]

Complaint brought by N (whose identity is anonymised) that the bank acted in breach of its duty of care/mandate in freezing its accounts and then terminating the banking relationship with immediate effect. One of The Lawyer’s Top 20 cases of 2019.

 

David Roberts Art Foundation Ltd v Marlene Riedweg [2019]

[2019] EWHC 1358 (Ch)

Acting for the vendor of land, a charity, in respect of a contract for the sale of land for over £8m which the defendant failed to complete.

Read the full judgment

Tiuta International Ltd (in Liquidation) v De Villiers Chartered Surveyors Ltd [2019]

[2017] UKSC 77

Professional negligence Supreme Court case against valuers, who made an early summary judgment application which turned on the proper application of the ‘but for’ test of causation.

Read the full judgment

 

 

Caliendo v Mishcon de Reya [2015]

[2016] EWHC 150 (Ch)

Acting for the solicitors in a claim in relation to sale of Queen’s Park Rangers to Flavio Briatore and Bernie Ecclestone. One of The Lawyer’s “Top 20” cases of 2015.

Read the full judgment

 

Symrise v Baker McKenzie [2015]

A professional negligence claim arising out of the Mexican tax implications of a highly leveraged acquisition by a private equity fund.

Read the full judgment

 

Earl of Cardigan v Moore [2012]

High profile action by the Earl of Cardigan against trustees of the Savernake Estate.

 

AG of Zambia v Meer Care Desai & Others

A case involving issues were whether the defendant firm was a sole practitioner or a partnership and whether the purported partner was vicariously liable.

MG Rover Collapse

Claim against Deloittes arising from the collapse of The MG Rover Group.

Sea Containers Pension Schemes

Professional liability claim arising from alleged failed equalisation of the scheme.

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    Emily McKechnie wins Chancery Junior of the Year at Chambers UK Bar Awards 2025

    We are delighted to congratulate Emily McKechnie on winning Chancery Junior of the Year at last night’s Chambers UK Bar Awards 2025. A huge thank you to all our clients for your ongoing support of Wilberforce Chambers. Congratulations to the rest... Read more

    Friday 14 November 2025

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