Caroline McColgan

Property Damage

Caroline has extensive experience of Property Damage matters. She regularly advises on issues of subrogation and/or policy coverage and accepts instructions from both claimants and defendants. A number of the claims she has handled have involved defective electrical or plumbing products, which have resulted in fire and flood damage to premises. Caroline is comfortable in dealing with complex expert evidence and handling increasingly high value claims.

Selected Cases

• FCA Test Case [2020] Commercial Court – acting for Zurich as 8^th Defendant to the FCA’s claim to test the response of certain policies of non-damage business interruption insurance to Covid-19.  Caroline is being led by Andrew Rigney QC;
• A v B & Anor [2020], TCC – Acting for the Claimant property owner and its insurers in a subrogated recovery for losses arising out of the destruction of a stately home.
• 2 Entertain & Ors v Sony DADC [2019], TCC – Acting for the Defendant warehouse-owner in this claim for damages following a catastrophic fire set during the London Riots. Caroline was led by Ben Quiney QC and represented Sony at all stages of proceedings, culminating in a 14 day trial in the TCC.
• TRW & Anor v Whirlpool & Ors [2019], TCC – Acting for a freehold owner of premises destroyed by a fire caused by a defective white goods product. Quantum exceeds £9m. Caroline is being led by Andrew Rigney QC.
• C v D [2019] – Acting for the Respondent in confidential arbitration proceedings concerning a large fire at industrial premises in the UAE. Caroline is being led by Andrew Rigney QC.
• X v Y [2017] – Acting for the Claimant in confidential arbitration proceedings arising out of a residential development in central London where damage had occurred as a result of basement excavation works at a neighbouring property.
• Tideland Ltd v Westminster City Council [2015], TCC – A £multi-million claim for tree root induced subsidence and raising difficult issues of quantum as well as liability. Caroline was led by Muhammed Haque QC.
• Chliaifchtein v Wainbridge Estates Belgravia Ltd [2015], TCC –  Acting  for  the  Defendant  in  a claim for nuisance and also involving complex issues under the Party Wall etc Act 1996. Caroline was led by Michael Curtis QC and instructed with Crispin Winser and Michele de Gregorio.
• Various Claimants v Lancashire County Developments Limited [2014], TCC – Acting for the defendant in several £multi-million claims arising from a catastrophic fire at a business park. Caroline was led by Graham Eklund QC and instructed with Miles Harris.
• Amlin Corporate Member Ltd & Ors v Oriental Assurance Company [2014] EWCA Civ 1135 – Acting for the Defendant at trial and on appeal in this major international reinsurance case concerning the correct interpretation and application of a typhoon warranty. Caroline was led by Roger Ter Haar QC and was sole junior.

Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) – TCC gives judgment in major insurance claim arising out of the 2011 London Riots

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News

• Daniel Shapiro KC, Caroline McColgan and Hamish Fraser acted for the successful Insurers in the first warranty & indemnity insurance claim to be decided by the Commercial Court
• The Legal 500 UK Bar Awards 2022 Nominations

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Qualifications

• Major Scholar, Inner Temple (2009 – 2010)
• BVC, BPP Law School (Very Competent) (2009 – 2010)
• Exhibitioner, Inner Temple (2008 – 2009)
• GDL, BPP Law School (Distinction) (2008 – 2009)
• Demyship, Magdalen College, Oxford (2006 – 2008)
• BA (Hons) University of Oxford (2005 – 2008)

Memberships

• LCLCBA
• PNBA
• TECBAR