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Bradley John-Davis

Call 2022

Property Damage

Bradley has considerable experience in property damage claims, including:

  • Advising and settling particulars of claim for an insurer in a subrogated recovery action worth over £300,000 arising out of a house fire alleged to have been caused by the defective installation of a solar energy system.
  • Drafting particulars of claim and advising an underwriter on the prospects of success in a subrogated recovery against a major developer of new houses in respect of defective tiling in an ensuite bathroom.
  • Advising an insurer and its landlord lay clients on the prospects of a recovery claim (including substantial uninsured losses) against a property management company alleged to have failed to notify the landlords that their tenants had abandoned the property. Whilst the property was vacant, a burst pipe caused major water damage.
  • Advising the tenant of a commercial leasehold property on the prospects of success of a property damage claim already pleaded/issued against the leasehold owner and his managing agent. The matter particularly engaged questions of construction of a commercial lease and of privity of contract.
  • Settling a defence and advising the insurer of a plumber sued concurrently with a developer for a hidden water leak allegedly caused by a failure to tighten pipes and/or flexi hoses properly on installation.
  • Advising an insurer on the merits of a proposed subrogated recovery claim in respect of damage caused to an insured inner-London property which was damaged when a tree fell from a position on adjoining land.
  • Settling a defence in respect of damage to a vehicle caused by a tent blown off the Defendant’s property during Storm Otto.
  • Successfully resisting a County Court claim brought against an insurer and involving oral argument around whether the insurer had assumed responsibility and therefore a duty of care for a claimant leaseholder who was not a party to the contract of insurance. The dispute arose out a water ingress incident at the claimant’s property following damage to the structure of the insured freehold property during Storm Eunice in February 2022.
  • Settling a defence on behalf of an insurer in respect of a claim brought by the leasehold owner of an East London apartment against the insured, the freehold owner of the building.
  • Advising a Claimant on prospects of success in a complex multi track claim brought in respect of two episodes of subsidence damage alleged to have been caused by tree roots emanating from adjoining land owned by the defendant Local Authority.
  • Settling a defence in a claim brought by a Local Authority against a service provider in respect of a flood alleged to have caused circa £100,000 of property damage at a school.
  • Drafting a defence in a multi-party claim brought by a ground-floor tenant in commercial premises against the building’s second-floor tenant for property damage caused by a water leak.
  • Drafting a reply to defence in a substantial claim brought by a consumer against a gardening company for damage to sheet glass in his patio doors. The matter engaged principles of unfair terms in consumer contracts.
  • Drafting particulars of claim in a series of fire and flood damage subrogated recovery actions.
  • On behalf of a landlord, settling particulars of claim in respect of property damage resulting from a fire which broke out in an electricity substation located in the basement of a building in Central London.
  • Drafting particulars of claim in an action brought by a railway maintenance corporation against a contractor for over £55,000 of damage negligently caused to a gantry crane.
  • Defending a Local Authority in a claim involving damage to a headstone at one of its graveyards.

Additionally, during pupillage, Bradley undertook work in the following areas:

  • Drafting particulars of claim for a parish council in an action brought against a sole trader alleged to have negligently caused fire damage to the roof of a building (during pupillage).
  • Advising on several matters, including on issues of contribution, res judicata, and abuse of process, in a claim involving water damage to a luxury vehicle (during pupillage).
  • Drafting a reply to a defendant’s defence in a case involving an allegedly faulty water pump which flooded a luxury Central London property (during pupillage).

Selected Cases

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Awards


  • Queen Mother Scholarship, Middle Temple (2020)
  • Winner, Cardiff University Undergraduate/GDL Moot (2020)
  • Arteaga Prize for best performance in Spanish Language & Literature, Oxford University (2004)
  • Various academic scholarships, Merton College (2001-2004)

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Qualifications


  • BA, Modern Languages & Literature (French & Spanish – First Class), Merton College, University of Oxford
  • GDL (Distinction), Cardiff University
  • BTC & LLM (Outstanding, with Distinction in LLM), Cardiff University

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