Elizabeth Boon

Professional Liability

Legal 500 2020 – ‘Tenacious and extremely hardworking.’

Elizabeth’s practice continues to thrive in professional negligence, particularly against a commercial and construction background. Elizabeth continues to be instructed in increasing value professional negligence claims and has recently advised on claims relating to alleged negligence by insurance brokers concerning material non-disclosure, solicitors in relation to conveyancing transactions, and chartered surveyors involving valuation practices, as well as various members of the construction industry. She has advised upon and dealt with a variety of professional negligence cases, including those involving accountants, tax consultants, lawyers, insurance professionals, construction professionals and emerging professions.

Selected Cases

• Shaw v Leigh Day – solicitors negligence claim arising out of the Defendant’s handling of the Claimant’s clinical negligence claim and inquest into her father’s death. Successfully defended Leigh Day at trial acted as junior counsel being led by John Whitting KC. Most recent case to consider the award of general damages for distress and inconvenience in solicitors negligence cases: Shaw v Leigh Day [2018] EWHC 2034 (QB) Shaw v Leigh Day [2017] EWHC 826 (QB)
• Acting in a £10million arbitration led by David Sears KC. Architects negligence claim arising out of the conversion and refurbishment works at two related properties in Holland Park. The case raises important questions as to the correct use of expert evidence in arbitrations and the ability of the arbitrator to strike out a claim / impose sanctions for a failure to serve expert evidence.
• Acting for a health and safety consultant in relation to a contribution claim brought by an employer in relation to a very serious personal injury occurring at a wood-work factory.
• Acting for a University in a professional negligence claim against electrical contractors who were carrying out testing at the University, and failed to switch four freezers back on containing various scientific research including gene clones. The case involves a novel point of law as to how a court would quantify the loss of research material such as gene clones.
• Acting for solicitors in a professional negligence claim arising out of the Defendant’s handling of the Claimant’ potential claims in relation to her husband’s death. The case is also brought against the barrister who advised the Claimant in conference. The case concerns very interesting points raised about the scope of a duty of care to a trespasser under the Occupiers Liability Act, and questions of control / joint venture / agency.
• Acting for architect involving allegations of a failure to supervise and inappropriate certification of works under the JCT contract.
• Numerous instructions from nationwide chartered surveying firms, ranging from representation at trial involving the usual issues of valuation and mortgage lending practises, to preliminary issues as to the validity of mortgage sale agreements.
• Acting for NHS in claim for against a dentist seeking to recover monies paid under a dental services contract in respect of inappropriately claimed units of dental activity.
• Acting for company director in claim against accountant in relation to negligently prepared yearly accounts and tax returns resulting in substantial interest and penalties being due to HMRC.
• Worked as the junior on a £7 million claim concerning alleged professional negligence by contractors that led to a large fire in a local authority timber-framed building.

Articles

• Covid-19: Business Interruption insurance, an FCA class action, and the long-tail risks to insurance brokers
• Covid-19: issues for property and business interruption insurers by Elizabeth Boon, Crown Office Chambers

Qualifications

• Major Scholarship, Inner Temple
• BA (Hons) (Oxon)

Memberships

• Adjudication Society
• Commercial Bar Association
• LCIA Young International Arbitration Group
• London Common Law & Commercial Bar Association
• Professional Negligence Bar Association
• Society of Construction Law (UK & Gulf)
• Technology & Construction Court Bar Association