Clyde & Co

Recent experience

• Pearson Education v Charter Partnership [2007] EWCA Civ 130: Toby acted successfully for the claimant insurers both at first instance and in the Court of Appeal in a subrogated recovery action based on architect's negligence. This is now the leading case on architect's liability to a subsequent building owner for latent design defects.
• Defence on behalf of liability insurers of various multi-million pound claims for fire damage arising from fire spread from the insured premises.
• Subrogated recovery action against a house-builder in relation to damage caused by defective fire-stopping.
• Advising insurers on policy coverage for business interruption losses arising out of an explosion at an explosives factory.
• Policy coverage advice to various London Market insurers in relation to disputed claims under first party Property and Combined Commercial insurance policies.
• Advising insurers on coverage for large scale business interruption losses suffered by a utility company which was seriously affected by the 2007 floods.
• Insurance fraud: coordinating investigations into suspected fraudulent claims and advising insurers on their rights to refuse indemnity.
• Various claims against contractors for fire damage caused by negligent hot works.
• Policy drafting work including a new Combined Commercial policy wording.