Sarah McCann KC

Areas of expertise

• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    Sarah has acted for most of the main banks and lenders in relation to claims against solicitors and valuers arising out of lending transactions. Sarah also advises generally in relation to a loan, mortgage and guarantee disputes and financing of construction projects. Sarah also has experience acting for the FOS and advises on the regulation of financial services under FSMA.

    Recent work:

    • For details of Sarah’s experience of claims against solicitors and valuers arising out of lending transactions see her Professional Liability section.
    • Advising client on breach of trust claim in relation to mortgage advance.
    • Advising on the enforceability of mortgage in light of claims of fraud and undue influence.
    • Acting on an appeal as to whether the FOS’s compulsory jurisdiction pursuant to the FSMA (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 applied to a firm formerly authorised by FIMBRA but which was never a member of the PIA.
    • Financial Ombudsman Service v Heather Moor & Edgecomb Ltd[2009] 1 All ER 328, CA, led by Charles Flint Q.C. in an appeal concerning the legality of case fees charged by the FOS to IFAs in respect of complaints raised by consumers.
  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Allegations of fraud are a central feature of all areas of Sarah’s work and Sarah has considerable experience in dealing with domestic and international fraud cases.

    Recent work:

    • Successfully acted as part of the senior counsel team representing the main Defendants in Skatteforvaltningen (Danish Customs and Tax Authority) v Solo Capital Partners LLP & Ors. This landmark Commercial Court case involved claims totalling £1.4 billion, including deceit, conspiracy, unjust enrichment, breach of constructive trust, dishonest assistance, and knowing receipt arising from complex share trading. In October 2025, the Defendants succeeded in defending all claims brought by Skatteforvaltningen. Read more here.
    • Acting with Nigel Jones KC for the liquidator of an international insurer in a c.£54m claim against former directors involving allegations of fraud, breach of fiduciary duty, dishonest assistance and knowing receipt. Involved from the start of the case through to conclusion of the 3-month trial in the Supreme Court of Gibraltar culminating in a judgment in February 2022 ([2023] GSC/008) and currently defending an appeal against, amongst other things, the fraud findings, in the CA.
    • Acting in a claim in the London Commercial Court against Greek brokers for c. £7-8million unpaid commissions which involved advising on a claim for fraudulent trading and unlawful means conspiracy.
    • Junior Counsel to Nigel Jones KC in a multi-million-pound dispute involving allegations of misuse of confidential information, conspiracy and breach of fiduciary duty by a former director of an investment fund.
    • Sole counsel successfully defending a c. £2m claim for fraudulent misrepresentation relating to a profit and commission sharing agreement at trial.
  • Commercial arbitration

    Commercial arbitration

    Sarah is a Member of the Chartered Institute of Arbitrators and acts as an advocate in arbitral proceedings (domestic and international) under various standards and industry rules. Sarah has also been involved in drafting specific industry arbitration schemes.

    Recent work:

    • Acting in a c. £45m joint venturing dispute being arbitrated under the LCIA rules.
    • Junior Counsel in a USD 4m international arbitration under the ADCAC Rules in Dubai, a case concerning the allegedly defective design of shoreline protection facilities at a power plant which was damaged by Cyclone Gonu.
    • Advising on the enforceability of and possible challenges to various awards.
  • Commercial litigation

    Commercial litigation

    Sarah has extensive experience in commercial dispute resolution and is praised for her “extremely pragmatic and commercial” (Legal 500) approach to disputes.  Although part of Sarah’s commercial work centres on her associated professional negligence and construction work, it also encompasses all other kinds of business and trade disputes including those involving agency, sale of goods, insolvency, banking and financial services, mortgages, securities, bonds and guarantees, consumer credit, shareholders’ rights, directors ‘ and fiduciary duties, economic torts, partnerships and joint ventures, utilities, misuse of confidential information and fraud.

    In addition, together with Nigel Jones KC, Sarah is standing counsel to the liquidator of a major international insurer and has acted in relation to all of his commercial and insurance disputes arising across five jurisdictions. This has included advising on the entire reinsurance programme, the effect of claims control provisions in the policy on ongoing litigation, ownership of the insurance books, disclaimer of various policies, commission arrangements with brokers, and the interplay between the FSCS, policyholders and other purported creditors.

    Recent work:

    • Successfully acted as part of the senior counsel team representing the main Defendants in Skatteforvaltningen (Danish Customs and Tax Authority) v Solo Capital Partners LLP & Ors. This landmark Commercial Court case involved claims totalling £1.4 billion, including deceit, conspiracy, unjust enrichment, breach of constructive trust, dishonest assistance, and knowing receipt arising from complex share trading. In October 2025, the Defendants succeeded in defending all claims brought by Skatteforvaltningen. Read more here.
    • Acting with Nigel Jones KC for the liquidator of an international insurer in a c.£54m claim against former directors involving allegations of fraud, breach of fiduciary duty, dishonest assistance and knowing receipt. Involved from the start of the case through to conclusion of the 3-month trial in the Supreme Court of Gibraltar culminating in a judgment in February 2022 ([2023] GSC/008) and currently defending an appeal against, amongst other things, the fraud findings, in the CA.
    • Edge Tools & Equipment Ltd v Greatstar Europe Ltd[2018] EWHC 170. Represented the successful claimant in a trial concerning a dispute relating to a commission and profit-sharing agreement and a counterclaim for misrepresentation of c. £2m.
    • Acting as junior Counsel to Andrew Mitchell KC in a €5m Commercial Court dispute under a Warranty and Indemnity policy concerning an allegedly defective roof and fire protection system at a shopping centre in Vienna, which was due to be tried in a six-week Commercial Court trial.
    • Acting with Nigel Jones KC for the liquidator of an international insurer in respect of a claim to proprietary rights over the solicitors’ professional indemnity and after the event insurance business written by the company, along with associated assets claimed to be c. £9m.
    • Acting for the liquidator of an insurer in respect of the termination and disclaimer of claims handling contract which culminated in the claimant’s application for an injunction preventing the liquidator from terminating the agreement.
    • Junior Counsel to Nigel Jones KC in a multi-million-pound dispute involving allegations of misuse of confidential information, conspiracy and breach of fiduciary duty by a former director of an investment fund.  Settled on the eve of a three-week trial.
    • Acting on an appeal as to whether the FOS’s compulsory jurisdiction pursuant to the FSMA (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 applied to a firm formerly authorised by FIMBRA but which was never a member of the PIA.
    • Financial Ombudsman Service v Heather Moor & Edgecomb Ltd[2009] 1 All ER 328, CA, led by Charles Flint KC in an appeal concerning the legality of case fees charged by the FOS to IFAs in respect of complaints raised by consumers.
    • Clydesdale Financial Services v Smailes[2009] EWHC 1745 (Ch), acting as Junior Counsel to Nigel Jones KC in a claim involving removal of administrators appointed under a pre-pack administration and sale at an undervalue of assets of a solicitors’ practice.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Sarah is regularly involved in commercial disputes involving directors and/or shareholders. Many of these disputes concern claims against directors involving allegations of fraud, breach of duty, secret profits and misuse of confidential information.

    Sarah’s company work predominantly focuses on claims against directors or claims brought by shareholders.

    She is also experienced in dealing with joint ventures and partnerships both as part of her construction work and her commercial work.

    Recent work:

    • Acting with Nigel Jones KC for the liquidator of an international insurer in a c.£54m claim against former directors involving allegations of fraud, breach of fiduciary duty, dishonest assistance and knowing receipt. Involved from the start of the case through to conclusion of the 3-month trial in the Supreme Court of Gibraltar culminating in a judgment in February 2022 ([2023] GSC/008) and currently defending an appeal against, amongst other things, the fraud findings, in the CA.
    • Junior Counsel to Nigel Jones KC in a multi-million-pound dispute involving allegations of misuse of confidential information, conspiracy and breach of fiduciary duty by a former director of an investment fund.  Settled on the eve of a three-week trial.
    • Advising a minority shareholder on his potential remedies, settling petitions and points of claim pursuant to section 994 Companies Act 2006 in respect of four companies.
    • Acting for a company seeking emergency declaratory and injunctive relief to prevent the defendant from holding himself out as a director of the company or otherwise interfering with its management.
    • Advising a company when its proposed transfer of shares to a connected company was challenged by a former director and minority shareholder.
    • Acting in a c. £45m commercial joint venturing dispute being arbitrated under the LCIA rules.
    • Advising on numerous disputes between parties engaged in construction joint ventures.
• Construction & engineering
  • Adjudication

    Adjudication

    Sarah has a busy practice both as an adjudication practitioner and sitting as a TECBAR accredited adjudicator. Sarah is also an adjudicator with other nominating bodies, namely UKA Adjudicators and ConstructionAdjudoicators.com. The types of adjudications Sarah has acted on encompassing the full range of construction-related disputes. Sarah is also often instructed in relation to the enforcement.

    Recent work:

    • Acted with Paul Reed KC in relation to an adjudication concerning a major central London fire.
    • Acting for monitoring surveyors in a multi-million pound negligence dispute.
    • Acting for an employer in a c. £1m smash and grab adjudication and cross-adjudication on valuation.
    • Wes Futures Limited v Allen Wilson Construction ltd[2016] EWHC 2863 (TCC), 170 Con. L.R. 121; [2016] 6 Costs L.R. 1083. Represented the claimant in adjudication enforcement proceedings and successfully argued that an offer, expressed as a Part 36 offer, made by a sub-contractor to a contractor did not, following its acceptance, entitle the sub-contractor to recover the costs of two sets of adjudication proceedings.
    • Acting on numerous interim payment and final account disputes.
  • Construction & engineering

    Construction & engineering

    Sarah is a highly regarded construction practitioner recommended by both Chambers UK and Legal 500 for her construction and engineering work.  She has extensive experience of high value, complex litigation, arbitration (domestic and international) and adjudication in relation to all construction-related matters, including, by way of example, defective works, payment disputes, final account disputes, prolongation claims, negligent design, defective work, joint venture disputes, property damage, professional indemnity claims, fraud and conspiracy, public liabilities and street works disputes, local authority contracting and procurement. Sarah is a TECBAR accredited adjudicator and on other ANBs and her experience of adjudication from that side of the fence is invaluable in conducting adjudications for her clients and advising on enforcement.

    As a leading junior in Professional Negligence work, Sarah is particularly well placed to deal with cases involving allegations of negligence against the full range of construction and engineering professionals, including architects, engineers, contract administrators, quantity surveyors and project managers and she has a large portfolio of such work.

    Sarah is noted as being “excellent on insurance” (Chambers UK) and a substantial part of her construction practice consists of acting for the insured under subrogated claims and advising both insurers and the insured in relation to coverage under CAR, public liability, professional indemnity, product liability and public liability policies. Sarah also regularly advises policyholders in relation to NHBC buildmark cover.

    Sarah also has extensive experience in utilities; in particular, she has been instructed on behalf of a major electricity distributor for a number of years in claims involving allegations of fires stemming from resistive heat failures within their distribution equipment. This led to her acting as junior counsel in the successful month-long trial of five test cases in Smith v South Eastern Power Networks Plc [2012], which was one of 2012’s significant TCC trials. Since then she has continued to be regularly instructed in relation to large scale and complex fire damage claims as part of her construction and property damage practice.

    Sarah is a contributor to Paul Reed KC’s book Construction All Risks Insurance, published by Sweet & Maxwell in 2014 (1^st edition) and 2016 (2^nd edition) and to Construction Professional Indemnity Insurance published by Sweet & Maxwell in 2018.  She is also a regular contributor to Practical Law’s Construction Blog and delivers seminars on all construction topics internally and externally.

    Examples of work

    • Edge Tools & Equipment Ltd v Greatstar Europe Ltd[2018] EWHC 170. Represented the successful claimant in a trial relating to the sale and properties of JCB construction products.
    • Schweppe v Closier[2017] EWHC 1486 (TCC). Represented the defendant in a successful strike out and summary judgment application based on abuse of process and limitation. The claim was for fraudulent misrepresentation and unlawful act conspiracy in connection with a construction contract dating back to the early 1990s and involved two previous sets of connected proceedings over two decades.
    • Wes Futures Limited v Allen Wilson Construction ltd[2016] EWHC 2863 (TCC), 170 Con. L.R. 121; [2016] 6 Costs L.R. 1083. Represented the claimant in adjudication enforcement proceedings and successfully argued that an offer, expressed as a Part 36 offer, made by a sub-contractor to a contractor did not, following its acceptance, entitle the sub-contractor to recover the costs of two sets of adjudication proceedings.
    • Acting as junior Counsel to Andrew Mitchell KC in a €5m dispute under a Warranty and Indemnity policy concerning an allegedly defective roof and fire protection system at a shopping centre in Vienna, currently listed for a six-week Commercial Court trial.
    • Acting on behalf of the claimant homeowner in a long and complicated dispute with NHBC relating to a defect with the basement in his period property requiring remedial works of c. £1.5m.
    • Acting for an employer in a c. £1m smash and grab adjudication and cross-adjudication on valuation.
    • Acted for the owner of a high bay warehouse in a £14m dispute against its contractor and their sub-contractors relating to the defective foundation and structural steelworks.
    • Advising employer in a £4m claim against its contractor and contract administration relating to the negligent design and installation of windows in two high rise blocks.
    • Advising an insurer on its liability in respect of a claim relating to the catastrophic failure of mobile elevated work platforms used at the Olympic Park.
    • Junior Counsel in a USD 4m international arbitration under the ADCAC Rules in Dubai, a case concerning the allegedly defective design of shoreline protection facilities at a power plant which was damaged by Cyclone Gonu.
    • Acted with Nigel Jones KC for a housing association in a claim against the local authority in relation to a £12m dispute concerning over 6,000 properties transferred under an LSV Transfer which had been discovered to suffer from construction defects resulting in sound insulation problems.
    • Acting for the main contractor in a substantial claim against its architect/lead designer/lead consultant and its mechanical and electrical sub-consultant for defective heating and ventilation works at six schools.
    • Smith & Others v UK Power Networks [2012] EWHC 2541 (TCC) Successfully acting as Junior Counsel to Paul Reed KC on five test cases to determine the obligations of national electricity distributors in respect of installation, inspection and maintenance of their supply-side equipment.
    • Kent County Council v Snohetta and Davis Langdon (2009) (TCC) acting as Junior Counsel to Paul Reed KC and Nigel Jones KC on this high profile case involving the design competition and aborted project for the proposed Turner Contemporary museum in Margate.
  • Construction arbitration

    Construction arbitration

    Sarah acts on both domestic and international construction arbitrations.

    Recent work:

    • Junior Counsel in a USD 4m international arbitration under the ADCAC Rules in Dubai, concerning the allegedly defective design of shoreline. protection facilities at a power plant which was damaged by Cyclone Gonu.
    • Assisting with ICC $136m arbitration in Cayman Islands regarding damage to a hotel during construction.
    • Advising on arbitration provisions in various ad hoc and standard form contracts.
  • Energy & renewables

    Energy & renewables

    Sarah also has extensive experience in utilities; in particular, she has been instructed on behalf of a major electricity distributor for a number of years in claims involving allegations of fires stemming from resistive heat failures within their distribution equipment. This led to her acting as junior counsel in the successful month-long trial of five test cases in Smith v South Eastern Power Networks Plc [2012], which was one of 2012’s significant TCC trials. Since then she has continued to be regularly instructed in relation to large scale and complex fire damage claims as part of her construction and property damage practice.

    Recent work:

    • Acting as junior counsel to Paul Reed KC in a claim relating to the recovery of c. £6.5m damages in connection with a major central London underground fire.
    • Assisting Nigel Jones KC with full review of liability of distribution network operators for fires at connection points.
    • Smith & Others v UK Power Networks [2012] EWHC 2541 (TCC) Successfully acting as Junior Counsel to Paul Reed KC on five test cases to determine the obligations of national electricity distributors in respect of installation, inspection and maintenance of their supply side equipment.
  • Property damage

    Property damage

    As part of her construction and insurance work, Sarah has a busy property damage practice and deals with claims usually arising from the construction or utility projects, fires, explosions, floods, heave and subsidence.

    Sarah has a particular interest in fire damage claims due to her work in the electricity sector.  She has been instructed on behalf of a major electricity distributor for a number of years in claims involving allegations of fires stemming from resistive heat failures within their distribution equipment. This led to her acting as junior counsel in the successful month-long trial of five test cases in Smith v South Eastern Power Networks Plc [2012], which was one of 2012’s significant TCC trials.  Since then she has continued to be regularly instructed in relation to large scale and complex fire damage claims.

    Sarah regularly lectures on fire claims at Gatehouse Chambers’s Property Damage Day events.

    Examples of work

    • Acting as junior counsel to Paul Reed KC in a claim relating to the recovery of c. £6.5m damages in connection with a major central London fire.
    • Acting for main contractor in a multi-party £12m dispute arising from a disastrous fire at a major national retailer’s flagship store.
    • Junior Counsel in a USD 4m international arbitration under the ADCAC Rules in Dubai, a case concerning the allegedly defective design of shoreline protection facilities at a power plant which was damaged by Cyclone Gonu.
    • Acting for the electricity distributor against Leading Counsel in a claim resulting from an alleged fault on an underground supply cable.
    • Acting for the manufacturer of recalled defective consumer units which caused a catastrophic fire.
    • Defending the electricity distributor in a substantial claim for damage resulting from power failures.
    • Acting in numerous cases for electricity distributors in claims resulting from alleged resistive heating fires in supply side equipment.

    Smith & Others v UK Power Networks [2012] EWHC 2541 (TCC) Successfully acting as Junior Counsel to Paul Reed KC on five test cases to determine the obligations of national electricity distributors in respect of installation, inspection and maintenance of their supply side equipment.

  • Construction insurance

    Construction insurance

    Sarah is “excellent on insurance” (Legal 500) and is regularly instructed by leading solicitors and direct by insurers and the insured on complex coverage issues arising in respect of CAR, public liability, professional indemnity, product liability and public liability policies. Sarah advises on all issues arising under the policy including aggregation of claims, renewals, conditions precedent, notification, avoidance, reservation of rights and issues between primary and excess insurers and insurers of different years.

    Sarah is a contributor to Construction All Risks Insurance, (Sweet & Maxwell, 2012 & 2016) and Construction Professional Indemnity Insurance published by Sweet & Maxwell in 2018 and is also a contributor to and on the editing panel of Insurance Broking Practice and the Law, edited by CMS Cameron McKenna, (Informa looseleaf).

    Recent work:

    • Acting as junior Counsel to Andrew Mitchell KC in a €5m dispute under a Warranty and Indemnity policy concerning an allegedly defective roof and fire protection system at a shopping centre in Vienna.
    • Junior Counsel advising an insured ground engineering and piling contractor, who was a defendant to a multi-party £200m construction dispute, as to its potential claims for indemnity against its Product Liability and Professional Indemnity insurers.  Involved complicated issues as to what constituted ‘damage’ and the nature of the remedial solution.
    • Providing coverage advice on costs inclusive All Risks policy.
    • Advising in respect of a number of water damage and fire damage claims at a major new contemporary mixed-use development, including advising on the terms of the Project Contractors All Risks Policy.
    • Advising the public liability insurers of an electrical engineering and installation contractor in respect of a fire at premises where they were undertaking works.
    • Acting with Paul Reed KC in advising the lead public liability insurer when a water main pipe was damaged causing water to escape and cause damage to the surrounding residential properties and railway station.
  • Construction insolvency

    Construction insolvency

    Sarah is a leading barrister in relation to issues relating to insolvency in construction and engineering contracts.

    She is also the author of Construction Insolvency (Sweet & Maxwell) (new edition 2022).

• Insolvency & restructuring
  • Construction insolvency

    Construction insolvency

    Sarah’s construction practise encompasses all types of disputes and that often concerns the insolvency of one of the parties involved in the project. Sarah advises employers, contractors, sub-contractors and other interested parties as to their rights when insolvency is looming or has hit.

    Recent work:

    • Advising sub-contractor on ability to suspend works or terminate contract on contractor’s insolvency.
    • Advising on the enforceability and impact of step-in rights.
    • Advising bondholders on their rights under the bonds in the event of insolvency.
  • Corporate insolvency

    Corporate insolvency

    Sarah is well equipped to advise on all aspects of corporate insolvency. She is particularly familiar with it in the context of construction, professional indemnity or general commercial disputes.

    In addition, together with Nigel Jones KC, Sarah is standing counsel to the liquidator of a major international insurer and has acted in relation to all of his commercial and insurance disputes arising across five jurisdictions. This has included advising on the entire reinsurance programme, the effect of claims control provisions in the policies on ongoing litigation, ownership of the insurance books, disclaimer of various policies, commission arrangements with brokers, and the interplay between the FSCS, policyholders and other purported creditors.

    Sarah is a contributor to Atkins Court Forms on Insolvency and Bankruptcy.

    Relevant work:

    • Frederick White v Ozon Solicitors LLP[2017] EWHC 1595. Acting with Nigel Jones KC on an application for delivery up of a portfolio of several thousand motor claims defence files held by the defendant. Involved consideration of the nature of the retainer and the extent of the claims control clause. First reported decision on the meaning and effect of Regulation 3(3) of the Insurance Companies (Legal Expenses Insurance) Regulations 1990.
    • Acting in relation to claimant’s application for permission to lift a stay under Article 20 of the UNCITRAL Model Law in respect of a c. £45m arbitration.
    • Acting with Nigel Jones KC for the liquidator of an international insurer in a c.£54m claim against former directors involving allegations of fraud, breach of fiduciary duty, dishonest assistance and knowing receipt. Involved from the start of the case through to conclusion of the 3-month trial in the Supreme Court of Gibraltar culminating in a judgment in February 2022 ([2023] GSC/008) and currently defending an appeal against, amongst other things, the fraud findings, in the CA.
    • Acting with Nigel Jones KC for the liquidator of an international insurer in respect of a claim to proprietary rights over the solicitors’ professional indemnity and after the event insurance business written by the company, along with associated assets claimed to be c. £9m.
    • Acting for the liquidator of an insurer in respect of the termination and disclaimer of claims handling contract which culminated in the claimant’s application for an injunction preventing the liquidator from terminating the agreement.
    • Advising liquidator of an insurer on the migration of book of GAP insurance to new carrier and obligation of FSCS to indemnify the policyholders.
    • Acting for liquidator of an insolvent insurer in a multi-million-pound costs dispute with the insurer’s former solicitors.
    • Advising on complex reinsurance position of the international insurer and potential recovery.
    • Advising liquidator of an insurer in relation to disputes with various brokers and sub-brokers in France, Germany and Italy.
    • Advising on and settling correspondence in respect of claims by firms of solicitors to a proprietary interest in premium monies on the liquidation of the insurer.
    • Advising on the assignability of a portfolio of thousands of insurance backed guarantee products.
    • Clydesdale Financial Services v Smailes[2009] EWHC 1745 (Ch), acting as Junior Counsel to Nigel Jones KC in a claim involving removal of administrators appointed under a pre-pack administration and sale at an undervalue of assets of a solicitors’ practice.
• Professional indemnity insurance

  Professional indemnity insurance

  Sarah is “excellent on insurance” (Legal 500) and has a strong professional indemnity practice encompassing both construction and non-construction related work. She is regularly instructed by leading solicitors and direct by insurers and the insured on complex coverage issues. Sarah advises on all issues arising under the policy including aggregation of claims, renewals, conditions precedent, notification, avoidance, reservation of rights and issues between primary and excess insurers and insurers of different years.

  Sarah is a contributor to Construction Professional Indemnity Insurance published by Sweet & Maxwell in 2018 and is also a contributor to and on the editing panel of Insurance Broking Practice and the Law, edited by CMS Cameron McKenna, (Informa looseleaf).

  Examples of work

  • For examples of Sarah’s construction professional indemnity work, please see her Construction Insurance section and Professional Liability section relating to construction professionals.
  • Acting with Nigel Jones KC for the liquidator of an international insurer in respect of a claim to proprietary rights over the solicitors’ professional indemnity and after the event insurance business written by the company, along with associated assets claimed to be c. £9m.
  • Advising solicitors’ professional indemnity insurers on issues of coverage where there were disputes as to whether the notification and co-operation provisions had been complied with.
  • Junior Counsel advising an insured ground engineering and piling contractor, who was a defendant to a multi-party £200m construction dispute, as to its potential claims for indemnity against its Product Liability and Professional Indemnity insurers.  Involved complicated issues as to what constituted ‘damage’ and the nature of the remedial solution.
  • Acting for the run-off insurer in a claim brought in restitution by solicitor insured for re-payment of premium.
• Insurance coverage

  Insurance coverage

  Sarah advises on a range of different coverage disputes outside of her construction and professional indemnity work. In addition, she is involved in more general disputes as to other types of policies. For example, together with Nigel Jones KC, Sarah is standing counsel to the liquidator of a major international insurer and has acted in relation to all of his commercial and insurance disputes arising across five jurisdictions which have included advising on the entire reinsurance programme, the effect of claims control provisions in the policy on ongoing litigation, ownership of the insurance books, disclaimer of various policies, commission arrangements with brokers, and the interplay between the FSCS, policyholders and other purported creditors.

  Recent work:

  • Frederick White v Ozon Solicitors LLP[2017] EWHC 1595. Acting with Nigel Jones KC on an application for delivery up of a portfolio of several thousand motor claims defence files held by the defendant. Involved consideration of the nature of the retainer and the extent of the claims control clause. First reported decision on the meaning and effect of Regulation 3(3) of the Insurance Companies (Legal Expenses Insurance) Regulations 1990.
  • Acting with Nigel Jones KC for the liquidator of an international insurer in respect of a claim to proprietary rights over the solicitors’ professional indemnity and after the event insurance business written by the company, along with associated assets claimed to be c. £9m.
  • Acting for the liquidator of an insurer in respect of the termination and disclaimer of a claims handling contract, which culminated in the claimant’s application for an injunction preventing the liquidator from terminating the agreement.
  • Advising liquidator of insurer on migration of book of GAP insurance to new carrier and obligation of FSCS to indemnify the policyholders.
  • Acting for liquidator of insurer in a multi-million pound costs dispute with the insurer’s former solicitors.
  • Advising on complex reinsurance position of international insurer and potential recovery.
  • Advising liquidator of insurer in relation to disputes with various brokers and sub-brokers in France, Germany and Italy.
  • Advising on and settling correspondence in respect of claims by firms of solicitors to a proprietary interest in premium monies on the liquidation of the insurer.
  • Advising on the assignability of a portfolio of thousands of insurance backed guarantee products.
  • Advising on migration of book of GAP insurance to new carrier and obligation of FSCS to indemnify the policyholders.
  • Advising a major legal expenses insurer whether its ATE policies were unenforceable by reason of FSMA and on the effect of the potential unenforceability of the client’s CFA with the solicitor on the insurance policy and potential avoidance for non payment of premiums.
  • Acting on behalf of the underwriter’s agent in a claim brought against them for refusal to provide legal expenses cover which included allegations of breach of contract, breach of fiduciary duty and breaches of the Insurance Companies (Legal Expenses Insurance) Regulations 1990.
  • Acting as junior Counsel to Andrew Mitchell KC in a €5m dispute under a Warranty and Indemnity policy concerning an allegedly defective roof and fire protection system at a shopping centre in Vienna.
• Professional liability
  • Construction Professionals

    Construction Professionals

    Sarah’s construction expertise makes her perfectly placed to handle professional negligence disputes relating to construction projects and property professionals involving, inter alia, architects, engineers, designers, project managers, contract administrators, surveyors, valuers and monitoring surveyors.

    Recent cases

    • Acting in a claim against a piling contractor for negligence in carrying out excavation works.
    • Advising an employer in a claim against its contract administrator for defective service of a termination notice and loss of opportunity to claim against the contractor for remedial works.
    • Advising an architect and its professional indemnity insurers in a claim against it as architect and contract administrator, involving complicated issues of scope of duty.
    • Acting in a substantial claim in the TCC brought by contractors against a specialist sub-contractor and engineers for structural damage caused by defective works.
    • Numerous claims against solicitors and valuers arising out of residential and commercial conveyancing transactions.
    • Acting as co-counsel for the defendant valuer in a £12m mortgage fraud claim, one of The Lawyer’s top 20 cases of 2012.
    • Acting in several substantial claims for negligence against a valuer and solicitor in connection with back to back transactions.
    • Acting on behalf of a surveyor instructed to produce drawings for works and to deal with matters arising under the Party Walls etc. Act 1996, alleged negligence in failing to take account of the chimney which passed between the party wall.
    • Kent County Council v Snohetta and Davis Langdon[2009] (TCC), acting as junior Counsel on this high profile case involving the design competition and aborted project for the proposed Turner Contemporary museum in Margate.
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

    Sarah is adept at handling professional negligence cases against a wide variety of those involved in the financial sector such as bankers, accountants, auditors, mortgage brokers, insurance brokers and financial advisers.

    Recent cases

    • Acting for a claimant in his claim against accountants and tax advisers for the loss of Business Asset Taper Relief on client’s sale of businesses.
    • Acting on behalf of an IFA in a claim brought against him for negligence in failing to obtain payment protection insurance in respect of his client’s mortgage.
    • Advising accountants on allegations of negligence in the preparation of VAT and tax returns.
    • Advising in a claim against financial advisers for fraudulent misrepresentation relating to investments.
    • Acting in a substantial claim involving allegations of deceit and breach of duty causing parties to invest in a tax mitigation scheme.
    • Advising on claims based on negligent advice and recommendations in placing various types of insurance policy.
  • Legal professionals

    Legal professionals

    Sarah is experienced in dealing with a wide variety of cases involving solicitors, barristers and others involved in the legal market.

    Recent cases

    • Acting on behalf of insurers representing a solicitor defending a £30m professional indemnity and fraud claim involving the sale and purchase of a hotel in France.
    • Acting in a £1m claim against solicitors and Leading Counsel for negligent conduct of litigation.
    • Advising on the merits of a claim against an employer’s former solicitors and counsel in their advice on a construction dispute and conduct of a construction adjudication.
    • Advising on a claim against a solicitor for failure to take into account a recent authority on the Consumer Credit Act 1974 which it was alleged would have resulted in settlement of the litigation.
    • Advising a solicitor on a claim for loss of opportunity to enforce a judgment which also involved considerations of whether the proceedings were a nullity for failure to obtain the requisite permission to commence proceedings pursuant to the Insolvency Act 1986.
    • Acting for a solicitor on a claim brought by a pension trust and trustee for negligence in acting on their behalf in mediation with significant satellite litigation in relation to claims for recovery of fees due on other cases.
    • Advising a solicitor on a claim alleging the negligent drafting of a partnership agreement resulting in two partners being unable to compel the third partner to leave the business.
    • Advising in numerous solicitors’ negligence claims relating to failure to issue proceedings within the relevant limitation period and the likely quantum of such claims.
    • Acting as junior counsel to PJ Kirby KC for a Greek shipowner in a £2m claim against solicitors for professional negligence, breach of fiduciary duty and deceit arising in the conduct of proceedings in the Commercial Court where the underlying proceedings subsequently proceeded to the Supreme Court (Starlight Shipping Co v Lax & Co LLP[2013] UKSC 70).

    Acting as co-counsel in a large number of claims on behalf of a bank against solicitors and mortgage brokers arising out of a multi-million pound mortgage fraud, one of The Lawyer’s top 10 cases of 2012 (settled at the start of trial).

• International

  International

  Sarah has a wealth of experience in high value, technical and legally complex cases across a wide variety of jurisdictions and in all forums: litigation, arbitration (both domestic and international), adjudication and mediation.