John Greenbourne
- Date of Call: 1978
- Email: greenbourne@crownofficechambers.com
General Information
MA (Cantab)
Holt Scholar, Gray's Inn
Practice
After pupillage, he began practice at 2 Crown Office Row in 1980. A wide-ranging general common law practice came to be based mainly on professional negligence, insurance, construction, and personal injury. Large cases have included: multi-million pound claims by lenders against valuers; a trial lasting several months relating to the contractual arrangements for tendering for designing and building machines to dig the Channel Tunnel; an arbitration between a local authority and contractors in relation to the construction of a waste disposal facility; insurance and related professional negligence claims for several million pounds (in one case potentially over £100 million). Now specialises in professional negligence (chiefly concerned with insurance services, legal advice, property valuation and construction, education and clinical treatment), insurance and commercial work and serious personal injuries.
Personal Injury
- Acts for claimants and insurers. Mainly cases of serious head, spinal and limb injuries and fatal accident claims.
- He acted in 2007-08 for a young man who suffered a severe brain injury following a road traffic accident. The claimant developed intractable epilepsy and required 24 hour nursing care. This led to one of the largest settlements in UK legal history with a lump sum of £5.5 million and periodical payments for life of £350,000 per annum appropriately indexed. The capitalised value of the settlement was in excess of £14 million.
- In 1998 acted for claimant who was awarded over £2 million at trial. In 2005 for claimant who was awarded £4.4 million before agreed 25% contributory negligence. In 2006-08 for claimant who was awarded over £4 million on a lump sum basis, converted into a lump sum and appropriately indexed periodical payments. Many other payments in which over £1 million recovered .
- In 2003 acted for applicant awarded £1.33 million after hearing by CICA Appeal Panel.
- Represented successful claimant in 2001 case where motorcyclist who had been travelling at 80 mph on one wheel was seriously injured when dog from house at side of road ran across in front of him.
Professional Negligence
‘Leading Junior' (Legal 500 2009)
- Acts for and against barristers in claims by former clients, including claim that infant's claim settled (and approved by Court) at inadequate figure.
- Claims against solicitors, acting for: former clients; solicitors' indemnifiers and insurers; surveyors in actions against them and solicitors in relation to property transactions.
- Claims against insurance brokers and agents, including defending brokers against claims for failure to obtain adequate insurance or to advise clients as to extent of disclosure required or extent and terms of cover.
- Has acted for loss adjusters sued by insurers for failing to scrutinise £1 million claim after property flooded.
- He has been instructed for and against valuers/surveyors in claims by mortgage lenders and purchasers of property. Lenders' claims relating to most types of property (residential houses and flats ranging from under £100,000 to over £1 million, business premises and office blocks, hotels and pubs, leisure properties (e.g. golf course, artificial ski slopes), including loans to owners of portfolios of properties, loans on security of property comprising multiple units of accommodation, loans of over £25 million, claims alleging participation in fraud.
- Has represented claimants at trial and on appeals to CA and HL in the leading cases on education negligence and acts in many pending claims.
- Cases of alleged negligence by accountants, agricultural advisers, architects, contractors, engineers, quantity surveyors, medical practitioners and other professionals.
Product Liability
- Claims for injury resulting from defective products.
Insurance
‘Leading Junior' (Legal 500 2009)
- Extensive experience in cases involving policy disputes and non-disclosure in personal and commercial policies, particularly professional indemnity, motor, fire, holiday and personal accident policies and film finance insurance. Cases include HLB Kidsons v Lloyds Underwriters [2009] Lloyds' Rep I.R. 178, [2009] 1 Lloyd's Rep 8 (CA) concerning timing of notification of claims under accountants' professional indemnity policy and whether condition precedent and Bankers Insurance Co. v South [2004] I Lloyd's Rep IR 1 concerning issues of whether holiday policy covered liability for jet ski accident, whether notification term a condition precedent, effect of Unfair Terms in Consumer Contracts Regulations 1994 - whether breach of condition precedent entitled insurers to avoid in absence of prejudice.
Other Areas
- Sale of goods
- Supply of services
- Torts causing damage to property and economic loss
Selected Cases
HLB Kidsons v Lloyd's Underwriters [2009] Lloyd's Rep. I.R. 178; [2009] 1 Lloyd's Rep 8 (CA); Lloyd's Rep I.R. 237 (Gloster J)
Accountants suing professional indemnity insurers, brokers and solicitors after insurers refused to indemnify in respect of large number of claims by former clients in respect of failed tax avoidance schemes. Potentially very high value. Issues relating to the timing and scope of notification of circumstances and claims and whether condition precedent. 3 week trial in Commercial Court. 5 day hearing in Court of Appeal.
Lindsay v Wood [2006] EWHC 2895 (QB) The Times 08.12.06
Head injury claim. Issue as to whether Claimant had capacity to manage his financial affairs for purposes of Part VII of the Mental Health Act 1983 and CPR Part 21. Consideration and explanation of the principle in Masterman-Lister v Brutton & Co.
Skipper v Calderdale MBC [2006] EWCA Civ 238; [2006] E.L.R. 322
Whether local education authority and school defendants should have summary judgment in claim for educational negligence. Whether damages recoverable for humiliation, lost confidence and self-esteem caused by unremediated dyslexia.
Bankers Insurance Co. v South [2004] I Lloyd's Rep IR 1
Whether holiday policy covered liability for jet ski accident, whether notification term a condition precedent, effect of Unfair Terms in Consumer Contracts Regulations 1994 - whether breach of condition precedent entitled insurers to avoid in absence of prejudice
Wong v Parkside Health NHS Trust [2003] 3 All ER 932 (CA)
Whether tort of harassment at common law; extent of tort of intentional infliction of harm.
Phelps v London Borough of Hillingdon [2001] 2 AC 619 (HL)
Liability of Local Education Authority and educational psychologist to dyslexic pupil.
Norglen Ltd v Reeds Rains Prudential [1999] 2 AC 1
Assignability of cause of action by company to legally aided individual.
Kincardine Fisheries v Sunderland Marine Mutual Insurance (CA)
The Times 12.2.97, [1998] CLY 3363
Construction of fish farm insurance policy; claim against brokers and insurers.
Theodore Goddard v Fletcher King [1997] 2 EGLR 131
Liabilities of solicitor and surveyor for drafting of defective lease.
X v Bedfordshire County Council [1995] 2 AC 633
Duties of care owed by statutory authorities, social workers, educational psychologists and teachers.
Ezekiel v McDade [1995] 2 EGLR 107 (CA)
Measure of general damages against surveyors of residential property.
Slade v Adco The Times 07.12.95 (CA)
Dismissal for want of prosecution.
Draper v Ferrymasters [1993] PIQR P356 (CA)
Dismissal for want of prosecution.
Suttle v Simmons [1989] 2 Lloyd's Rep 227 (PC)
Extent of insurer's liability under compulsory motor insurance legislation.
