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Tiffany Scott QC

Call: 1998    QC: 2018

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

Professional Liability

Tiffany has an established reputation in the area of professional liability and has been recommended in this field by The Legal 500 for many years. She is ranked in Tier 1 in the 2019 edition which calls her “superb”. The 2018 edition described her as “strong”, and previous editions as “excellent”, “a first-rate advocate”, and “very persuasive and adaptable on her feet”.

She undertakes a wide variety of professional negligence work, whether acting for claimants or for the insured, in claims against solicitors, barristers, accountants, trustees, surveyors, construction professionals, finance practitioners (including pension advisers) and insurance brokers.

Much of her work in this area is property or trust related but she also undertakes a variety of cases with a financial services element including claims arising out of poor investment advice or mis-selling and other related actions requiring analysis of the performance of investments for the purpose of assessing damages.

She has experience dealing with claims requiring consideration of the Financial Services and Markets Act 2000 and the Conduct of Business Rules and she has also, over the years, dealt with claims involving previous regulatory regimes including the rules of FIMBRA, the Personal Investment Authority, and LAUTRO.

Recent cases include:

  • Orientfield Holdings Ltd v Bird & Bird [2017] EWCA Civ 348, and [2015] PNLR 33 (first instance decision) – acting for solicitors in a claim alleging negligence in the course of the purchase of a residential property worth £25 million by failing properly to advise the client as to the contents of a “Plansearch”. The case at first instance was listed by The Lawyer as one of the top 20 cases of 2015.
  • Pannikov v Taylor Williams Daley & Mishcon de Reya – acting for claimants against building surveyors and real estate transaction lawyers in a claim arising out of alleged negligent advice and drafting in relation to the purchase of a redeveloped property.
  • HBB v John M Lewis – acting for claimant property-owning company against solicitors for alleged negligent conveyancing.
  • Creative Horizon v Scott Fowler – acting in group litigation for a group of 60 overseas investors who paid deposits for the purchase of flats yet to be built in England, seeking damages from the solicitors who advised and alleging a failure to warn about the risks of the transactions.
  • Advising a former director/shareholder in relation to the negligent drafting of an agreement for his exit from the company.
  • Acting for solicitors in claim brought by landlord of a lease of a leisure park alleging negligent drafting by failing to include in the calculation of rent the income of subsidiaries and licensees who also operate from the park.
  • Acting for Cayman Islands attorneys in a claim arising out of alleged negligent handling of complex trust litigation.
  • Acting for the owner of a retail development in a claim against its solicitors for failing to advise it properly as to service of a notice under an agreement for lease.
  • Advising solicitor defendants in lost litigation claim involving complex questions of loss of a chance.
  • Advising a major institutional investor as to potential solicitors’ negligence proceedings arising out of its investment in a large well-known shopping centre.
  • Representing a firm of investment advisers in proceedings brought by a beneficiary of a trust alleging that negligent financial advice had been provided to the trustees.
  • Advising and representing insured clients in various disputes arising out of allegedly negligent conveyancing and drafting of leases, including rectification claims, and negligent property surveys and valuations.