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Jamie Clarke

Call 1995

Professional Liability

Jamie complements his expertise in personal injury, disease and clinical negligence matters by advising solicitors and their insurers in relation to failed and mishandled litigation in these areas. Inevitably such claims are predominantly missed limitation or claims struck out for procedural default, where Jamie’s input will be in relation to valuation of the lost opportunity but Jamie also has experience of arising out of failed trials. Jamie is currently advising in relation to a failed EL trial heard in several tranches over many days with approximately 20 lay and expert witnesses.

On the strength of his expertise in this area, Jamie was recently instructed to assist a firm of solicitors settle a cohort of PPI claims against a high street bank. Jamie’s key contribution was successfully to resist a strike out application for alleged want of prosecution in the conduct of the PPI claims. The application was heard by the designated circuit Judge in Manchester sitting in the Mercantile court. This fully contested 1 day hearing had a significant bearing on numerous other cases, some in other courts, and represented a very significant outcome in terms of preserving numerous PPI claims and legal costs as well as avoiding substantial adverse costs.

Selected Cases

  • Advising a panel solicitor with significant exposure in ‘Son of Tag’ (AXA Insurance Limited v Akther & Darby Solicitors & Ors), one of The Lawyer’s top 10 cases of 2009, re liability in a claim for breach of contractual duty.
  • Claims involving negligence by experts in the conduct of litigation.
  • Numerous claims for negligent handling of so-called ‘coal claims’ by solicitors and barristers, under the DTI’s £1bn compensation scheme for mineworkers suffering occupational diseases such as VWF.
  • Several loss of chance claim for approx. £1m in respect of negligent handling by solicitors of an underlying PI claim.
  • Numerous failed mesothelioma claims where the principal issue tends to be calculation of the lost years’ claim.
  • Several claims where the Insured solicitor has acted for the Claimant in both employment tribunal proceedings and a personal injury claim, and where settlement of the ET proceedings has had the effect of eliminating or minimising the common law claim for personal injury (the principles in Sherriff v Smith Klyne Tugs).
  • Failed high value claims for allergies developed whilst working in Hospital environments.
  • Failed clinical negligence claims.
  • Failed marine and aviation claims.
  • Solicitors and counsel pursuing a claim to trial and securing judgment on an undervaluation.
  • Several claims advising on the role of counsel, and as necessary devising tactics in relation to and pursing part 20 claims against Counsel / BMIF.
  • Jamie has particular experience handling underlying claims settled at an undervalue and that have foundered because of (a) procedural error (strike out for want of prosecution or automatically under CCR O.17 r11) or (b) operation of the Limitation Act 1980.
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