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Sebastian Allen

Call: 2006   

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

Professional Liability

Sebastian is a leading commercial chancery junior specialising in professional liability litigation.

He is regularly instructed on a wide range of professional liability cases across the commercial and chancery law spectrum.  He has extensive experience acting for and against professional advisers in a wide variety of contexts, including company directors, financial advisers, insurance brokers, investment advisers, executors, accountants, actuaries, trustees and legal advisers.

Sebastian has had particular experience in actions involving allegations of fraud and the wider consequences of fraudulent conduct, often in the context of insolvency proceedings.

Sebastian also has experience in regulatory and professional disciplinary proceedings against trustees and actuaries.

The legal directories rank Sebastian as a leading junior in professional liability litigation and describe him as first rate.

Notable cases include:

  • Symrise AG v Baker & McKenzie: acting for Baker & McKenzie in relation to allegations of professional negligence arising in the context of a multi-jurisdictional structuring of a billion-pound merger and acquisition;
  • Star Poland Limited (in liquidation) v Mr Felice and others: acting for the former directors of a Gibraltarian trust company brought by its liquidators in relation to various alleged breaches of duty;
  • Radley Yeldar v HGT: acting for the Claimants in relation to allegations of professional negligence brought against their independent financial adviser;
  • Disciplinary proceedings brought by the Institute and Faculty of Actuaries: acting for the respondent actuary in disciplinary proceedings brought by the IFoA;
  • Langstone Leisure Ltd v Willers: acting for a company against its former managing director in a claim based on breaches of fiduciary duty and negligence in relation to the costs incurred by the company in funding litigation brought by the liquidator of a debtor company;
  • British Airways plc v Airways Pension Scheme Trustee (CA): acting for British Airways in relation to proceedings that involved various allegations of breaches of fiduciary duty against trustees, including allegations that the trustees were predetermined in their decision-making, acted for an improper purpose and took into account irrelevant considerations and failed to take into account relevant considerations;
  • Madoff Securities International Ltd v Raven: acting on several pieces of litigation arising out of the massive international fraud perpetrated by Bernard Madoff through the largest ever Ponzi scheme in which investors lost almost $65bn. This has included acting on behalf of investment fund managers in a claim brought against them by individual investors for having invested and lost the entirety of the sums in fund in Madoff’s Ponzi scheme and on behalf of the private individual, Mrs Sonja Kohn, in defending claims worth US$19bn that were brought by the trustee in the US liquidation of Bernard L. Madoff Investment Securities LLC;
  • Prohibition proceedings against Mr Johnson, Ms Turner and Mr Stowers: acting for the targets of prohibition proceedings brought by the Pensions Regulator in which a successful settlement was reached;
  • Charterhouse v Michael Sherry: acting for the Defendant in relation to allegations of professional negligence against a tax barrister;
  • Federated Flexiplan No.1 Pension Scheme v Capita: acting for the Claimant in relation to allegations of professional negligence against an administrator of a pension scheme;
  • Generics (UK) Ltd v Yeda Research and Development Co Ltd: acting for the Claimant in proceedings to restrain former internal legal advisers with access to confidential information from acting for the other party to litigation;
  • Maxfield -v- (i) HLB Kidsons and (ii) Baker Tilly: acting for an individual pursuing a multi-million pound negligence claim against accountants/tax advisers in relation to deficient tax advice and a failure to disclose “secret commission”.