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Profile: Professional Liability
Experience and Expertise
Ulick has extensive experience in professional negligence claims concerning solicitors, barristers, accountants and pensions mis-selling.
Cases and Work of Note
- Longstaff v Birtles  EWCA Civ 1219, solicitor owed paramount duty to observe fiduciary obligations in his personal dealings with current and former client, including duty to disclose and cause them to take independent advice, no scope for a further tortious duty of care.
- Darlington Building Society v O’Rourke  EWCA Civ 1664, Court of Appeal, negligence claim against solicitors remortgaging property and consequential lender’s claim, no duty on a solicitor acting for both borrower and lender in separate transactions to disclose confidential information even though that information would have been relevant to the lender’s decision, application to amend refused as sought to introduce new cause of action outside the limitation period.
- Northern Rock and Mortgage Express v Messrs Soni & Co, solicitors negligence and mortgage fraud, tracing claims against many banks innocently involved in the fraud and disputes about priority of securities.
- Northern Rock v Willmetts, solicitors negligence and mortgage fraud, and again tracing claims against many banks innocently involved in the fraud and disputes about priority of securities. Disputes then arose between the insurers as to coverage, both in respect of claims by other lenders against Willmetts and whether those claims exhausted cover and disputes with the top-up insurers.
- Rippon v Stock, accountancy negligence in respect of negotiations with the Revenue and the no-reflective loss principle.
- Shardal Castings plc v Hilfield Ltd, accountancy negligence in respect of due diligence arising from the sale of the defendant’s business to the claimant, the defendant’s accountant having failed to advise disclosure of information concerning recent developments in its business.
- Naish v Thorpe Wright & Puxon, negligence claim concerning advice given by solicitors and a barrister, with solicitors seeking to rely on the counsel’s umbrella defence.
- Fairmount Trust Ltd v O’Leary, a case concerning pension misselling.
- Byers Garth Ltd v Tilly Irvine, a claim against solicitors, solicitor entering into a business venture with existing clients, rules concerning fiduciary dealing with clients and whether firm was vicariously liable.
Professional Negligence Bar Association.