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

• Ramvel Ltd & Ors v Bartlett & Anor – a £multi-million dispute concerning alleged breaches of tortious duties relating to the defective installation of soil vent pipes. The claim raised interesting issues of complex structure theory, and the extent to which it can be relied upon to create a duty on the part of a subcontractor notwithstanding that none would be owed by the main contractor.  Caroline acted for the Defendants and their insurers (led by Daniel Shapiro KC).
• Prudential Assurance Co Ltd / Pets at Home Ltd v Stoke on Trent Regeneration Ltd & Ors – acting for a design and build contractor in relation to alleged engineering defects in a warehouse (led by Andrew Rigney KC and Fiona Sinclair KC);
• National Trust for Places of Historic Interest and Outstanding Natural Beauty v Cuffe PLC & 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 (led by Andrew Rigney KC).
• 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 represented Sony at all stages of proceedings, culminating in a 14 day trial in the TCC (led by Ben Quiney KC).
• 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 exceeded £9m (led by Andrew Rigney KC).
• Acting for the Respondent in confidential arbitration proceedings concerning a large fire at industrial premises in the UAE (led by Andrew Rigney KC).
• 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 (led by Crispin Winser KC).
• 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.
• 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 (led by Michael Curtis KC).
• 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. (led by Graham Eklund KC).
• 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 (led by Roger Ter Haar KC).

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

Read more

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

Read more

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
• TECBA