Isabel Hitching KC

Professional Liability

Isabel has extensive experience of acting in professional negligence claims in the Technology and Construction Court, Chancery Division and Commercial Court. She acts both for and against defendants. She also regularly appears at mediations, working closely with the clients to secure successful outcomes that both focus on the immediate claim and the clients’ wider business needs.

Cases have involved legal advisors (barristers, and solicitors), auditors and accountants, construction professionals (building surveyors, architects, engineers and Employer’s agents), valuers and stock condition surveyors.

Selected Cases

Legal Advisors:

• Advised a claimant on a potential professional negligence claim against former solicitors who had acted for her in connection with a negligence claim against property developers.
• Advising a client on potential professional negligence claim against a barrister who failed properly to advise on the correct cause of action and the limitation period attached resulting in the potential loss of a claim valued at c£3.5m.

Auditors and Accountants:

• Acting against auditors of a school who failed properly to carry out audit of accounts and identify misuse and misallocation of funds.
• Acted for liquidator of company against accountants for failure properly to draw accounts to ensure monies withdrawn by sole director over a period of years were repayable loans.

Construction professionals:

• Acted for developers alleging that a practical completion certificate had been issued negligently.
• Nick Joyce Architects LLP v Rudders & Payne Ltd – Secured discontinuance of a contribution claim by architects against specialist damp proofing contractor for allegedly negligent advice as to a damp proofing scheme. Isabel persuaded architects that contractor did not owe requisite duty of care.
• Acted for a property developer of a block of luxury apartments in central London in connection with potential claims in negligence against architects, engineers and employers’ agents, following flooding. Legally complex as the developer had operated at arms’ length through a subsidiary, now insolvent, which had entered into a contract with a main contractor that was now also insolvent.
• Acted for developer against quantity surveyor / employer’s agent for undervaluation of the build-out costs of a housing estate.
• Acting for developer of luxury domestic property in London against architect for negligent issuing of Practical Completion certificate.

Valuers:

Acting for property developers alleging negligent valuation of property relied on to obtain lending.

Stock condition surveyors:

• Sefton Metropolitan Borough Council v (Def) One Vision Housing Ltd (Part 20 Def 1) Savills Commercial Ltd (Part Def 2) Curtins Consulting Engineers PLC – Isabel appeared for Savills, stock condition surveyors, defending professional negligence claims arising out of the fascia to tower blocks detaching in high winds. The claim was one of the first in relation to stock condition surveys. Isabel acted from pre-issue to settlement shortly before trial following a two day mediation.
• In Donnelly v Camden Borough Council, Savills Commercial Ltd and Savills PLC Isabel appeared for both Savills’ entities. The claimant suffered head injuries at a property owned by the Council which had been surveyed as part of a stock condition survey by Savills Commercial ltd. Isabel successfully secured a discontinuance and settlement for her clients.

Events

• Isabel Hitching KC to speak at King’s College London International Construction Arbitration Conference 2023
• The application of war exclusions – BILA Virtual Lecture

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Webinars

• The application of war exclusions – BILA Virtual Lecture

Articles

• Isabel Hitching KC successfully argues that World War II bomb damage is excluded from insurance cover
• Isabel Hitching KC successfully acts for main contractor in key post Grenfell judgment

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News

• Isabel Hitching KC successfully argues that World War II bomb damage is excluded from insurance cover
• Isabel Hitching KC re-appointed by the Lord Chancellor to the Civil Procedure Rules Committee

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Qualifications

• MA (First Class), Christ Church, Oxford
• BCL, Christ Church, Oxford
• Open Scholar, Open Exhibitioner, Radcliffe Exhibitioner and Dixon Scholar Christ Church, Oxford
• Lord Justice Sachs Scholarship, Middle Temple
• Queen Mother Scholarship, Middle Temple
• Inns of Court Studentship
• Previously non-stipendiary lecturer in law Christ Church Oxford
• Accredited Adjudicator (TecBar)
• Accredited Arbitrator (LCIA)

Memberships

• Civil Procedure Rule Committee
• Professional Negligence Bar Association
• Commercial Bar Association
• London Common Law & Commercial Bar Association
• Society of Construction Law (and past committee member)
• Technology & Construction Bar Association (and past committee member)
• Joint editor of Emden’s Construction Law
• London Court of International Arbitration
• Former member of Attorney General’s Treasury Panel. Continues to act for government as silk.
• Past member of Bar Standards Board Equality & Diversity Committee
• Past member and vice-chair of Bar Standards Board Qualifications Committee
• Past member of Bar Council and Bar Council International Committee