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Jack Macaulay

Call 2009

Jack practices in the core areas of Chamber’s work, with particular focus on personal injury, property damage, commercial law, and general common law.

Construction & Engineering

Jack’s experience includes:

  • Party wall disputes, including the appeal of a party wall surveyor’s award.
  • Cases of defective workmanship by building contractors and sub-contractors.
  • Cases at the intersection of construction law and insurance/personal injury law, such as claims for indemnities from other contractors/sub-contractors following site accidents.
  • Pro bono representation of a retired claimant whose investment property required substantial repair work following a hopelessly negligent attempt at a loft conversion.
  • Successfully representing a claimant roofing company in a claim for unpaid fees that was defended on the basis that the debt had been settled by the provision of free curry.

Jack contributes to Emden’s Construction Law.

Personal Injury

Jack is regularly instructed on behalf of both Claimants and Defendants. He has a particular interest in cases of alleged dishonesty. His extensive experience encompasses:

  • Fraudulent and exaggerated claims, from claims which have been entirely concocted, all the way down to cases of discrete dishonesty over individual heads of loss, where the claim is dismissed under s57 of the Criminal Justice and Courts Act 2015. Jack has dealt with most forms of motor fraud, including low velocity impact cases, ghost passenger claims, and staged or induced accidents, as well as fraud in the EL/PL context;
  • The application of, and exceptions to, the QOCS regime. Jack regularly secures findings of fundamental dishonesty, and is also familiar with alternative routes by which costs orders may be enforced when it is not possible to secure such a finding;
  • Clinical negligence;
  • Cases of serious permanent injuries, with six-figure damages claims;
  • Occupational disease, including noise induced hearing loss and mesothelioma claims;
  • Cases where Claimants lack capacity to give instructions and/or manage any settlement award;
  • Accidents at work, including strict liability under the relevant health and safety regulations;
  • Tripping and slipping claims both for occupiers and highways authorities; and,
  • Acting for the emergency services.

Notable cases include:

  • Acting for a Claimant who sustained a shoulder injury when he slipped in the toilets at his workplace. He was left permanently unable to work. Despite a firm denial of liability the claim was settled for a six figure sum.
  • Acting for a Defendant highways authority in a tripping claim; noteworthy because the Claimant discontinued his case halfway through the first day of a two day trial before his witnesses even finished giving evidence.

Jack also appears at Coroner’s inquests, including jury inquests. His experience includes cases of deaths at care homes, in road traffic accidents, on construction sites, and following possible clinical negligence. Notable cases include a five day jury inquest into a death at a construction site in the course of an unloading operation.

Property Damage

Jack’s experience includes:

  • Glenluce Fishing Co v Watermota [2016] EWHC 1807 (TCC), a dispute over the fitness for purpose of a marine diesel engine. The case gave rise to a novel dispute concerning the interaction between the rules on payment of court fees and the provisions of the Limitation Act 1980.
  • A TCC case in Liverpool arising out of the collapse of a wall on neighbouring land due to lateral pressure exerted by the defendant’s land; the defendant in turn claimed against a third party which provided a geoenvironmental engineering report on the land which (allegedly) negligently failed to identify the risk to the wall. The client achieved a very favourable settlement.
  • Sole counsel for the defendant security company in a six-figure claim for property damage following a series of criminal incidents at the claimant’s car showrooms. The case settled for less than half its pleaded value.
  • Smith & Others v UK Power Networks [2012] EWHC 2541 (TCC):  Jack was second junior for the Claimants in a series of test cases determining the liability of the electricity distribution industry for fires caused by overheating mains cut-out fuses.
  • Advising and drafting proceedings in fire, flood, and other property damage cases, arising from a variety of causes including defective electrical equipment, domestic appliances, inadequately made plumbing, and tradesmen’s works.
  • Disputes over insurance coverage and non-disclosure.

Professional Liability

Jack’s professional negligence experience includes:

  • Accountants’ negligence, for example a multi-million pound claim dealing with the tax treatment of a solicitor’s CFA work-in-progress (junior to Ben Quiney QC).
  • A TCC case in Liverpool arising out of the collapse of a wall on neighbouring land due to lateral pressure exerted by the defendant’s land; the defendant in turn claimed against a third party which provided a geo-environmental engineering report on the land which (allegedly) negligently failed to identify the risk to the wall. The client achieved a very favourable settlement.
  • Claims arising out of alleged clinical negligence.
  • Claims relating to the negligent conduct of personal injury actions, for example advising in a case where the claimant’s solicitors allegedly failed to protect her against adverse costs consequences following late acceptance of Part 36 offers in her personal injury claim.

Commercial

Most of Jack’s construction law and property damage work is based, at heart, on an understanding of the underlying contractual and commercial principles governing these relationships. In addition to that, Jack’s experience encompasses:

  • Disputes concerning the payment of commission to estate agents.
  • Individual and corporate insolvency cases for creditors and debtors.
  • Cases giving rise to private international law issues, including:
    • Representing buyers of land situated in The Gambia in a dispute against the sellers;
    • Advising a shipping company in a dispute arising out of the import of instant noodles into Scotland; and,
  • Advising victims of online fraud in relation to the purchase of iPads.

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Qualifications


  • LLB, Law with European Legal Studies (First Class) King’s College London, 2003-7
  • ERASMUS year at Uppsala University, Sweden, 2005-6
  • LLM (Cantab) 2007-8
  • BVC (Very Competent) BPP London, 2008-9
  • Lord Denning Scholar, Lincoln’s Inn
  • Languages: French (Intermediate), Swedish (Basic)

Memberships


  • PIBA
  • PNBA

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