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Profile: Professional Liability
Experience and Expertise
Shantanu acts for and against solicitors, barristers, insurance brokers, financial advisers, accountants, insolvency practitioners, surveyors and engineers and has a particular expertise in associated questions of limitation. The 2013 edition of the Legal 500 identifies him as a leading junior in the field.
Cases and Work of Note
His recent work includes the following:
- advising and acting in numerous claims against the investment banking arms of various well known banks in relation to their mis-selling of and negligent advice on interest rate hedging and other derivative products.
- defending a c £1.5m claim against professional trustees alleged to have negligently invested/failed to invest substantial funds.
- advising a major national firm on a £1m+ claim against it in relation to its advice on and drafting of a management buyout scheme.
- A “class” action in which Shantanu advises and acts for the purchasers of over fifty holiday properties at a development in southern Italy in a claim against their Italian lawyers and which involves various provisions of the Italian Civil Code and experts on Italian law. The Italian development has recently been seized by the Italian authorities in the course of their investigations of its links with organised crime.
He continues to advise and act for a firm of solicitors in a complex dispute about their (innocent) involvement in a series of mortgage frauds including:
- A dispute with Danish insurers about the renewal of PI cover
- A negligence claim against the firm’s broker.
- A claim for breach of undertakings brought against it on behalf of the defrauded purchasers.
- the Assigned Risks Pool and its solicitors.
- A claim in negligence against both the SRA and the Law Society.
- Advice on limitation issues (including latent damage) arising in a negligence claim against accountants in relation to their advice on the taxation of the profits of an offshore company.
Shantanu speaks and writes regularly on professional negligence and related topics.
He is the editor of
- the chapters on Professional Negligence (as well as those on Contract, Latent Damage and Fraud) in the Law of Limitation (Bloomsbury)
- the chapter on limitation in the Civil Court Practice (“the Green Book” – Lexis Nexis)
He also wrote the practice notes on both limitation and professional negligence for Lexis PSL.
Trust Me – Commercial Litigation Journal, October 2010 – a review of the law relating to limitation and fiduciaries.
To have & have not – New Law Journal (2010) 160 NLJ 348 – Axa Insurance Ltd v Akther: limitation and professional negligence – the date of occurrence of actual loss. (Cited in Charlesworth & Percy on Negligence 12th Ed)
The burden of history – New Law Journal N.L.J. (2007) Vol.157 No.7285 Pages 1136-1137 – Considers the provisions of the Limitation Act 1980 s.36 and the way in which statutory limitation periods may apply by analogy to claims for an equitable remedy in the light, in particular of P&O Nedlloyd BV v Arab Metals Co (The UB Tiger) on the application of s.36 to a claim for specific performance.
Haward v Fawcetts revisited – New Law Journal N.L.J. (2007) Vol.157 No.7260 Pages 245-247 discusses the effect of the House of Lords decision in this case on knowledge of matters of law under s 14A of the Limitation Act 1980 (latent damage).