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DAN DYSON LED BY NEIL HEXT QC SUCCEEDS IN COURT OF APPEAL

DAN DYSON LED BY NEIL HEXT QC SUCCEEDS IN COURT OF APPEAL

CHANNON V WARD [2017] EWCA Civ 13

 

The Court of Appeal has held that a negligent broker who failed to place PI insurance for his accountant client had caused no loss as the notional insurer would not have accepted the claim made by the accountant due to the particular facts underlying his claim.  The judgment can be read here: http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2017/13.html&query=(channon)+AND+(v)+AND+(ward)

In particular Lord Justice Tomlinson considered that:

“The insurers would, as the judge found, have recognised that the investors had been advised to "shoehorn their commercial claim against MHP into a professional negligence claim in order to tap into Mr Channon's PII cover". The pithy but apt language is again that of Mr Dyson.” (para 40)

In addition to the central issues in the appeal, the Court of Appeal also considered circumstances in which parties to a settlement cap a Defendant’s liability for the purposes of that settlement only to subsequently obtain a judgment by consent in excess of that amount (see in particular paragraph 17).

The appeal follows on from Dan Dyson’s successful first instance result at trial see: Channon v Ward [2015] EWHC 4256 (QB) which can be read here: http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/QB/2015/4256.html&query=(channon)+AND+(v)+AND+(ward)

Dan Dyson has a broad commercial practice including property matters.