Jason Evans-Tovey

Professional Liability

Jason spent a great deal of the 1990s advising and acting on the solicitors and valuers claims relating to domestic and commercial property transactions arising out of the 1989-91 property crash.   He was a junior counsel for John D Wood (being lead by Michael Harvey KC) instructed by Cameron Markby Hewitt in the well-known case of Bank Bruxelles Lambert v. John D Wood Commercial Ltd.  Since then his practice has expanded to include claims against insurance brokers and IFAs. In addition, he is instructed in claims against so-called “emerging professionals” .

Jason’s professional negligence practice primarily covers claims for and against

• lawyers
• brokers
• IFAs
• valuers and surveyors

as well as coverage advice in the context of professional indemnity and other policies.

Lawyers

Jason has extensive experience of claims against solicitors (including claims relating to conveyances, leases, break notices, by third parties, loss litigation claims and claims for loss of a chance) and barristers (including claims relating to settlements).  Recent and reported cases include:

• Advising in a large claim by buy-to-let entities against solicitors relating to scope of duty, the erroneous discharge of a mortgage and alleged general and special damage to reputation and credit ratings.
• Advising in claim against solicitors relating to the absence of a new home warranty.
• NDH Properties Limited v. Lupton Fawcett LLP [2020] EWHC 3056 (Ch) (Snowden JJ Pelling KC) successful defence of high value  solicitor’s negligence claim involving implied retainers and duties of care in favour of non-clients, including whether a solicitors’ firm owed a duty to warn a non-client that the firm was not acting for it.
• Advising in a multi-million pound claim on behalf of trustees of a large estate against for against a solicitor and co-trustee for breach of directors duties and fiduciary duties in relation to planning and tax matters.
• Metropolitan Venues Limited v. Watson Burton [2014] EWHC 883 (QB) (HHJ Pelling KC) successful defence of high value  solicitor’s negligence claim involving collateral contracts, implied retainers, misrepresentation and duties of care to non clients in the context of a sub-purchase (Opponents: Mark Cannon KC (4 New Square) & Elizabeth Tythcott).
• Instructions in the “Parmalat litigation”. He was instructed by well-know London firm on behalf of Italian lawyers, Gianni & ors.  The claim, which involved sums in excess of £150m, arose out of advice allegedly given to Credit Suisse by Linklaters in relation to a structured finance transaction with Parmalat.
• Instructions from magic circle firm first alone and then along with Sarah Hannford KC (Keating Chambers) in relation jurisdictional matters and thereafter the merits of pursuing a complex high value claim arising out of the proposed redevelopment of a large track of land in London. A major bank had advanced £60m + in tranches to an SPV for the commercial redevelopment of a large area of land in London. The bank sought Jason’s preliminary views in conferences and in writing on, amongst other things, the merits of claims against the professionals involved.
• Instructed by well-known London firm (on instructions from insurers) to advise and act for a firm of solicitors in relation to numerous claims (including claims of fraud) arising out of that firms’ conveyancing work.
• Instructed to obtain an injunction against a solicitor who moved to a firm acting on the opposing side of litigation
• Instructed by claimants in the on-going VWF litigation.
• Del Grosso v. Payne & Payne [2007] EWCA Civ 340 (2007) 151 SJLB 336 – solicitor’s negligence claim arising out of advice given in connection with the lease of nightclub premises – amendments outside the limitation period.
• Copeland v. Smith [2000] 1 WLR 1371 (CA) – barristers – duty of counsel to the court.

Brokers

In conjunction with his insurance work, Jason has acted in a number of claims against brokers (including claims relating to inadequate scope of cover, inadequate LOIs).  Recent cases include:

• Instructions in a high value claim on behalf of insurance brokers in relation to the placing of material damage cover and information provided in relation to exclusions.
• Instructed in £900K claim on behalf of broker alleged to have obtained cover which was not sufficiently clear in its terms and to have failed to obtain BI cover with sufficient cover for increased costs of working
• Instructed in £1m+ claim on behalf of broker alleged to have failed to obtain alternative accommodation cover for insured including cover extending to accommodation for persons beyond the insured

IFAs

Jason has a good deal of experience of claims against IFAs.  Past experience has included pension claims and film finance schemes.  More recent cases have included:

• Instructed on behalf of KC in relation to a claim against a financial adviser relating to a tax avoidance scheme providing for participation in an integrated media business (including international and British film and television production), the ability to set-off initial losses against profits in another trade or business and the recoupment of capital investment and the receipt of additional sums.
• Instructed against a financial adviser on behalf of a number of people who invested in an enterprise zone syndicate relating to property in East Durham who complained that they were not properly advised about risks in relation to the transaction.
• Instructed in relation to a £3m claim against financial advisers for alleged advice in relation to off-shore investments which turned out to be part of a Ponzi scheme.

Valuers & Surveyors

Jason has extensive experience of claims by purchasers and lenders, claims relating to domestic and commercial property, claims concerning defects and valuations advice and claims relating to duties of care and damages. Recent and reported cases include:

• Large v. Hart [2021] EWCA Civ 24 successful defence of an appeal against the measure of loss awarded in a surveyor’s negligence claim based upon latent defects involving issues about whether the homebuyer’s report contained information or advice for the purposes of SAAMCO (Opponent: Simon Wilton (Hailsham).
• Instructed, following a “beauty parade”, by a well-know firm to advise and act for a mezzanine lender (who had provided short–term finance secured on domestic and commercial property) in relation to various large claims against certain well-know valuers.
• Advising lenders in relation to a potential claim under a lender’s title insurance policy intended to indemnify for defects in title to property.
• Europe Mortgage Co v. Halifax Estate Agencies [1996] EG 84 (CS), [1996] NPC 68, The Times, 23 May 1996 – surveyor – whether lender should give credit for sums recovered under a MIG policy
• Secured Residential Funding v. Nationwide Building Society [1997] EGCS 138 [1997] NPC 147 – surveyor – misrepresentation – duty of care. (see also Coates and Evans-Tovey, “Duty of Care of Professional Advisers” (1998) 142 Sol Jo 60)

Receivers

Jason has acted for receivers in relation to claims relating to sales of properties (including portfolios) and in particular alleged sales at undervalues.

 Other professions

Other reported cases relating to professional negligence include:

• Haylett v. Cayton [2015] EWHC 1951 (Comm) (Colin Edelman KC). Jason advised and acted throughout in this case dealing with the break-up of a professional negligence claims handling and solicitors’ enterprise (Opponents: William Flenley KC and Francis Bacon).
• Stagecoach South Western Trains Limited v. Hind & Ors [2014] EWHC 1891 (TCC) (Coulson J). Jason advised and acted throughout on instructions from Morgan Cole and then BLM in this case dealing with the duties owed by tree surgeons and the like.
• Lingfield Properties (Darlington) Limited v. Padgett Lavender Associates (A Firm) [2007] EWHC 2989 (QB) (2008) 1 EG 134 (Tugendhat J). Jason advised and acted throughout on instructions from Watson Burton LLP and Charrington Insurance in this complex £16m claim against a professional town planner who was alleged to have let lapse very valuable planning permission for an out-of-town retail development
• Lingfield Properties (Darlington) Limited v. Padgett Lavender Associates (A Firm) [2008] EWHC 2795 (QB) (Tugendhat J) – section 51 non party costs orders in a professional negligence context.
• Demarco v. Bulley Davey [2006] EWCA Civ 188 [2006] PNLR 27 – Jason acted at first instance and in the Court of Appeal in claim against insolvency practitioners for loss of a chance to annul a bankruptcy order and the correct measure of damages

Selected Cases

News

• Pollution or Contamination
• Brian Leighton Garages v. Allianz Insurance [2022] EWHC 1150

Read more

Articles

• Solicitors under No Duty to Warn Non-Client
• Court of Appeal revises the test for assessing the sum payable under an insurance policy covering property damage

Read more

Qualifications

School: Old Swinford Hospital, Stourbridge

University:

Trinity College, Cambridge  MA (1^st Class)

• Natural Sciences (Pts IA  &  IB) Law (Parts IB and II)
• Senior Scholar
• Lizette Bentwich Prize
• Norton Rose Conflicts of Law Prize

University of Virginia – LLM

Inn:  Gray’s – Arden Scholarship

Memberships

PNBA, Combar, LCLCBA, TECBAR