This case is especially significant because it is the first of its kind – where solicitors were held liable for the full consequences of their failure to properly advise their clients of the risks involved in a ‘disastrous’ holiday home venture in Southern Italy, and failure to conduct the matter in a manner so as to protect the purchasers from those risks.
Penningtons Manches acted for a group of over 100 UK and Ireland based claimant purchasers to successfully defend an appeal brought by law firm Giambrone & Law (Giambrone) and others against the High Court’s prior finding that Giambrone’s advice and conduct was negligent, in breach of contract and in breach of trust.
The judgment handed down by the Court of Appeal ruled in favour of Penningtons Manches’ clients, dismissing all five grounds of appeal brought by the defendants.
Commenting on this judgment, Temple Legal Protection – Senior Underwriter David Chase said:
”Group actions such as this are complex, difficult to pursue and highlight how important commercial ATE insurance can be for claimants. It is critical that access to justice is available for litigation of this nature; it may not have proceeded had claimants not received insurance backing. With indemnity from Temple Legal Protection, claimants were able to pursue the action with confidence and see justice prevail, unintimidated by the costs risk that they would inevitably face under UK law.”
David Niven, Partner with Penningtons Manches’ commercial dispute resolution team, and an expert at recovering substantial sums in CFA backed litigation said:
“For many of these claimants, the risk of pursuing their claims, which were hard fought by the defendants and their insurer every step of the way, would not have been feasible without the protection of after the event insurance.”
Temple Legal Protection has in-depth experience and a long-term commitment to supporting professional negligence proceedings, and is a UK market-leader. We provide ATE insurance and disbursement funding for these types of claims, many of which have resulted in landmark judgments and have shaped the development of this increasingly high profile area of law.
Click here to read the details of the judgment as reported by Penningtons Manches.
To find out about ATE insurance for professional negligence litigation for your firm and clients please call our commercial team on 01483 577877 or email firstname.lastname@example.org
David is the Deputy Underwriting Manager in Temple’s Commercial Department who partners with solicitors and brokers to provide litigation (ATE) insurance and funding solutions to businesses and individuals.
Having started his career in ATE insurance in 2006 at FirstAssist, David gained experience in litigation funding as an analyst at Burford Capital, before joining Temple Legal Protection in late 2013. Having worked for over 12 years in this evolving market, David knows what drives customers and he understands that it is how well you connect with the people you are trying to help that makes you succeed.
David has helped hundreds of customers and has worked with many of the leading law firms in the British Isles. He has extensive and varied experience in risk analysis, case management and long-term relationship management. One of David’s specialisms is his management of our fully-delegated schemes, a responsibility which plays an integral part in the retention of Temple’s partnerships with many leading and specialist commercial law firms.
In his role as Deputy Underwriting Manager, David considers a very wide variety of non-injury litigation including all types of commercial litigation, group actions, professional negligence cases, insolvency actions and contentious probate. He combines strategic activities – evaluating developments such as the impact of ADR on the commercial litigation sector – with expert underwriting in order to assist customers in making efficient and timely use of our litigation (ATE) insurance and funding products.
He continues to work towards his qualifications as a member of the Chartered Insurance Institute.
Read articles by David Chase