Carlo Taczalski

Professional Liability

Carlo has been recommended as a Leading Individual in the Legal 500 in this area since 2017 and is frequently instructed in professional negligence claims involving the full spectrum of professionals, including lawyers, liquidators, accountants, architects / engineers / design consultants, valuers and brokers. He is regularly instructed on his own or as a leading junior against KCs, and likewise as a part of a larger counsel team.

He has recently conducted a (resoundingly successful) adjudication under the pilot professional negligence adjudication scheme.

Carlo is also a PNBA accredited adjudicator.

Selected Cases

• Ingenious Litigation – Instructed, with Ben Quiney KC and Frederick Simpson for one of the lead Defendants in the Ingenious Litigation.  The litigation concerned the alleged fraudulent and negligent mis-selling of investments in a series of film and game finance schemes.  The Claimants totalled over 600 and brought claims for in excess of £200m.  The case was named as one of The Lawyer’s Top 20 cases of 2018. Carlo and Ben were successful in applying for security for costs from a commercial litigation funder funding a number of the Claimants’ claims.  Carlo later led Frederick Simpson in the Court of Appeal in relation to the conditions to be attached to that security.  The overall claim settled shortly before trial.
• Broker’s negligence – Sole counsel for the claimant insurance company in a broker’s negligence claim arising out of the fraudulent ‘placement’ of a (non-existent) reinsurance policy by a sub-broker.  Damages are in the region of £15m. Currently pre-action.
• Broker’s negligence – Sole counsel defending a broker in relation to allegations of fraud and breach of fiduciary duty in the context of amending policy documents without the insured’s consent, and allegedly falsifying documents to induce a renewal.
• Saunders & Craig v Hunt – Carlo is instructed as sole counsel (against a KC and senior junior) for a liquidator, Stephen Hunt, to defend a section 212 application brought against him by the successful opposing parties from previous litigation.
• Surveyor’s negligence – leading Toby Chandler in a claim against a surveyor who failed to identify relevant asbestos in a full pre-purchase survey of a substantial property causing significant loss (pre-action).
• Architect’s dispute with Oxbridge College – Together with Ben Quiney KC, Carlo successfully defended an architect’s practice in a £9M adjudication brought by an Oxbridge College in relation to the renovation of one of its main listed courts.
• Loss adjuster’s negligence – Carlo is instructed as sole counsel by a leading loss adjuster who is accused of having negligently caused insurers loss in the region of £5m in the course of adjusting a complex loss arising out of a hurricane.
• Kinde & Knight v Dellapina & Diaz – Instructed for a Spanish lawyer said to have negligently advised on and conducted an arbitration in the US, in a claim in the English Courts pleaded at $26 million. In addition to the more usual issues concerning scope and breach of duty, and causation of damage, the case raises questions involving the illegality and public policy defence.
• Harris & Trotter v Bazargan – Instructed, with Ben Quiney KC, for accountants who (when suing for their fees) have been met with an allegedly significant claim for damages relating to a series of HMRC enquiries / COP9 / fraud investigations which they managed for their clients.
• A v B – instructed for a broker against a leading law firm in a matter recently settled on confidential terms. The brokers had designed a new insurance product, the structure of which had been the subject of negligent advice from the law firm in question.
• Birdi & Senna v McAndrew – allegedly valuable claim against a valuer and auctioneer by two parties, one of whom was bankrupt and one of whom was alleged to have some interest in property apparently forming part of the other’s bankruptcy estate. Carlo succeeded in having the claim by both claimants against his client struck out by Newey J at the conclusion of pleadings (it continues between one of the claimants and another defendant).
• Jones v Kaney [2011] UKSC 13; [2011] 2 WLR 823 – During pupillage, Carlo assisted Roger ter Haar KC and Daniel Shapiro KC in the preparation and research for the landmark appeal to the Supreme Court.

News

• Carlo Taczalski successfully resists short notice freezing injunction: IBMG Ltd and others v McKeon, Williams and others
• Adjudication decision unenforceable for apparent bias

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Articles

• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract
• Carlo Taczalski and Frederick Simpson are successful in the Court of Appeal Cross-undertakings have little place in the security for costs regime

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Events

• Carlo Taczalski to speak at London Build 2021 Expo
• Carlo Taczalski will be speaking at “Cash Is King – Payments and Changes in Tax Laws” webinar by Decipher Group

Qualifications

• Queen Mother Scholarship, Middle Temple (2010)
• Harmsworth Entrance Exhibition, Middle Temple (2010)
• Lovells Examination Prize, Downing College (2006)
• PricewaterhouseCoopers Scholarship (2005 – 2007)
• MA (Cantab.) (2008)

Memberships

• CLCBAR
• COMBAR
• TECBAR
• PNBA