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Benedict Morillo

Call 2021

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Professional Liability

Seats with Richard Sage and Carlo Taczalski during pupillage allowed Benedict to familiarise himself with a wide range of professional liability work. He has experience in dealing with professional liability matters involving solicitors, brokers, company directors, consultants, and construction professionals.

Examples of Benedict’s work include:

  • Solicitors – advising on quantum and settlement strategy in a matter in which solicitors had allegedly failed to competently negotiate an £800,000 option to purchase in a commercial lease. Quantum advice involved assessing competing valuations of the option with reference to the underlying value of the site, its development potential, as well as a £200,000 figure floated during unsuccessful negotiations between the landlord and tenant for the release of the option.
  • Solicitors – advising and drafting pre-action correspondence in a matter in which solicitors allegedly failed to advise a client that entering into a settlement agreement in an employment claim would lead to the client’s personal injury claims against their employer being waived.
  • Employment consultants – advising and drafting pre-action correspondence for a claim in which the newly hired Claimant alleged that employment consultants negligently failed to pass on his desired terms of employment to the new employer.
  • Company directors – (during pupillage) assisted Daniel Shapiro KC and James Sharpe in MW High Tech Projects UK Limited v Greenhalgh and Others [2022] EWHC 2000 (TCC), a £300 million claim brought against company directors for their decision to enter into waste-to-energy projects. Available at https://www.bailii.org/ew/cases/EWHC/TCC/2022/2000.html
  • Insurance brokers – (during pupillage) drafted a Defence on behalf of an insurance broker specialising in luxury yacht insurance in an additional claim brought by an insurer for the broker’s failure to ask sufficient questions to elicit the insured’s claims history.
  • Solicitors – (during pupillage) drafted a Defence on behalf of a solicitor’s firm which allegedly breached the no-conflict duty by advising its client on an agreement entered into between the directors of the firm and the client under which the directors would raise capital for the client in exchange for an allocation of shares.
  • Surveyors – (during pupillage) drafted a Defence on behalf of the Defendant Party Wall Act surveyor who faced allegations of negligence for failing to order an intrusive structural survey into the Claimant’s property before approving work pursuant to the Act.
  • Planning consultants – (during pupillage) drafted pre-action correspondence on behalf of the Claimant in a claim concerning negligent advice on the scope of the permitted development regime for agricultural conversions. The Claimant’s newly built shed conversions had to be demolished pursuant to an enforcement notice.

Selected Cases

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Awards


  • Academic Scholarship, Oriel College (2017-2019)
  • Oriel College Prize for Finals results (2019)
  • Finalist (top 12 of over 100 essays), Times Law Awards (2020)

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Qualifications


  • BA Jurisprudence (Double First, 9/250 in cohort); Oriel College, University of Oxford
  • Bachelor of Civil Law (Distinction); Oriel College, University of Oxford
  • Bar Vocational Studies (Distinction); City, University of London

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