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Mariusz Rumun

Call 2019

Mariusz has a broad practice across Chambers’ core areas, with a particular focus on insurance, commercial disputes, professional liability, property damage, construction, and personal injury.

Mariusz has a busy court practice, regularly appearing in trials and interim applications. He has experience of remote and in person hearings. Alongside this, Mariusz has a busy paperwork practice, drafting statements of case and providing advice across Chambers’ core areas.

Having read Law at the University of Cambridge, Mariusz went on to study the LLM at LSE specialising in Commercial Law and graduated with Distinction. During his masters Mariusz focused on international arbitration, commercial contracts, and commercial remedies (in which he achieved the highest mark in his cohort).

Prior to coming to the Bar, Mariusz spent a year working for a Magic Circle law firm as a paralegal.

Insurance & Reinsurance

Mariusz gained experience of insurance and reinsurance matters across a variety of sectors during pupillage, including issues concerning avoidance, coverage and compliance with terms.

Much of Mariusz’s work more generally involves insurers, including subrogated recoveries and representing the defendant in claims brought both against the insurer directly and the insured.

Examples of Mariusz’s work include:

  • Successfully defending a claim brought by a litigant in person who claimed that the insurer had wrongfully retained her vehicle and sold it as scrap, having agreed and been paid a total loss valuation for the vehicle.
  • Drafting the Defence to a claim under a commercial combined policy following fire damage to business premises, involving issues concerning the duty of fair presentation (as a pupil).
  • Advising on the recovery of repatriation costs under a travel insurance policy (as a pupil).
  • Drafting Points of Claim in an arbitration following breach of a binding authority agreement covering marine business (as a pupil).
  • Assisting Jason Evans-Tovey on the liability in restitution of insurance intermediaries as part of a broader claim concerning the duties of such entities to remit funds collected from reinsurers to syndicates. The claims in restitution failed because the intermediaries had not received the sums or been enriched “at the expense of” the syndicates (Equitas Ltd v Sande Investments Ltd [2021] EWHC 631 (Comm)) (as a pupil).

Professional Liability

Mariusz has a growing professional liability practice and has gained experience of professional liability issues across a variety of different professions (including emerging and non-standard professions) including auctioneers, managing agents, solicitors, engineers, and other construction professionals.

Examples of Mariusz’s work include:

  • Drafting the Defence and advising in relation to a High Court claim brought against letting agents following a failed attempt by a landlord to obtain possession of a property by way of a notice under section 21 of the Housing Act 1998.
  • Drafting the Defence and advising in a claim brought against an auctioneer of real estate in a claim concerning the information contained in the auction catalogue.
  • Drafting the Defence to a claim arising out of the answers provided by the defendant to enquiries contained in a CON29 Drainage and Water Report.
  • Drafting the Defence in a claim against a professional carpet cleaner in relation to damage to the commercial premises.
  • Preparing an advice and drafting Particulars of Claim in a claim against a firm of solicitors with regards to its involvement in a fraudulently obtained bridging loan secured by a charge on the claimant’s property (as a pupil).
  • Preparing an advice on the liability of a firm of solicitors following the sale of a property under a fraudulently executed power of attorney, raising issues of breach of duty, breach of trust, breach of undertaking, and breach of warranty of authority (as a pupil).
  • Advising engineers consulting on design aspects of a major development as to the contractual and tortious duties owed by them in connection with issues of defective design and delay (as a pupil).
  • Assisting in preparing advice on the merits of pursuing a rectification claim (for either unilateral or common mistake) following the exclusion of a section of land from a transfer, which left the purchased land landlocked (as a pupil).

Construction & Engineering

Mariusz is eager to continue developing his practice in construction disputes.

Examples of Mariusz’s work include:

  • Drafting the Defence in a claim by an installer of windows and doors against a contractor concerning unpaid invoices, raising issues of defective works and abatement.
  • Advising as to the contractual and tortious duties owed by the lead consultant on a major development concerning issues of defective design and delay (as a pupil).
  • Preparing a note on issues of causation in a claim against the designers and builders of a lift shaft in a property which was destroyed by fire (as a pupil).

Commercial

Mariusz welcomes instructions in commercial disputes across Chambers’ areas of practice, including sale of goods, contracts for services, agency, bailment, and debt claims. During pupillage Mariusz gained experience of variety of issues that commonly arise across this area of practice including matters of contractual formation, misrepresentation, rectification and breach of duty.

Mariusz benefits from his experience specialising in commercial law on the LLM, graduating with Distinction and achieving the top mark in cohort in Commercial Remedies. He has explored in detail issues relevant both to litigation and international arbitration.

Whilst working as a paralegal at a Magic Circle law firm Mariusz obtained hands-on experience of contentious matters involving businesses, including complaints concerning unfair business practices.

Examples of his work include:

  • Successfully defending a claim brought by a litigant in person who claimed that the insurer had wrongfully retained her vehicle and sold it as scrap, despite having agreed and been paid a total loss valuation for the vehicle.
  • Drafting the Defence in a claim against a removals company following damage caused to the Claimant’s property during removal, raising issues concerning the British Association of Removers Model Terms and Conditions.
  • Successfully resisting an application brought against a removals company by a litigant in person seeking judgment in relation to damaged property and seeking a total freeze of the company’s accounts.
  • Drafting the Defence in a claim against a professional carpet cleaner in relation to damage to the carpet following the provision of cleaning services at commercial premises.
  • Representing the defendant in a gratuitous bailment claim concerning the loss of valuables which had been left in a coat stored in a restaurant cloakroom. The matter included issues of breach of duty, reliance on disclaimers and the fairness of such disclaimers under the Consumer Rights Act 2015.
  • Advising on a claim concerned with breach of a contractual warranty as to the quality and fitness for purpose of equipment supplied under a contract of hire. Issues also arose concerning a limitation clause in the contract and the application of UCTA 1977 (as a pupil).

Property Damage

Mariusz has a growing property damage practice. During pupillage, he gained experience of a range of property damage claims, including damage caused by water, fire and during construction works. Mariusz also has experience of issues concerning loss and damage to personal property, including vehicles and other chattels.

Recent examples of Mariusz’s work include:

  • Successfully represented the Claimant in a subrogated recovery claim grounds following an ingress of waste water and sewage into his property on Rylands v Fletcher
  • Drafting the Defence in a claim against a professional carpet cleaner in relation to damage to the carpet following the provision of cleaning services at commercial premises.
  • Advising and preparing for a directions hearing in a multi-party dispute concerning damage to telecommunications apparatus during pavement works.
  • Advising on a pre-action disclosure application following damage to neighbouring property caused by debris falling from a fire-damaged property.
  • Representing the defendant in a gratuitous bailment claim concerning the loss of valuables which had been left in a coat stored in a restaurant cloakroom. The matter included issues of breach of duty, reliance on disclaimers and the fairness of such disclaimers under the Consumer Rights Act 2015.
  • Drafting the Defence in a matter concerning breach of covenant in a residential lease and disrepair.

Product Liability

During pupillage Mariusz gained experience of a wide range of product liability claims, spanning household appliances and industrial machinery. He is familiar with the issues that arise in such cases, both at common law and under the Consumer Protection Act 1987.

Examples of his work include:

  • Advising on a claim for contribution against a supplier of firewood processors to a company whose employee had been injured using one of the machines. The case also raised issues of liability under the Sale of Goods Act 1979 to purchasers for breach of the implied term as to satisfactory quality (as a pupil).
  • Preparing an advice and drafting Particulars of Claim in connection with a fire in a residential property caused by a washing machine which overheated (as a pupil).

Personal Injury

Mariusz has a busy personal injury practice and is experienced in road traffic, employers’ liability, and public liability claims. His practice is primarily defendant focused and covers all stages of the litigation process, including advising on the merits, settling pleadings, and providing representation at interim applications and trials.

Recent examples of Mariusz’s work include:

  • Drafting the Defence and Counter-Schedule in a claim brought by a delivery worker who suffered injury whilst undertaking a delivery of furniture to a restaurant.
  • Successfully resisting a pre-action application in a claim brought pursuant to s.2 of the Animals Act 1971 for an order that a dog be examined by a veterinary expert to prepare a report on his behaviour and characteristics. The court found that it did not have jurisdiction to make such an order under s.52 of the County Courts Act 1984.
  • Providing representation in a number of pre-action disclosure applications in matters concerned with assaults on staff working with vulnerable persons.
  • Successfully resisting an application for an interim payment following an RTA where liability was admitted, but significant issues of causation remained at large.
  • Appearing for the Defendant in an application under s.33 of the Limitation Act to disapply the primary limitation period in a personal injury claim and transfer the matter to the part 7 procedure.

Awards


  • Lord Denning Scholarship, Lincoln’s Inn (2018)
  • BPTC Advocacy Scholarship, BPP University (2018)

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Qualifications


  • BPTC (Very Competent), BPP Law School
  • LLM Commercial Law (Distinction), London School of Economics and Political Science
  • BA (Hons) Law (2.1), University of Cambridge, Downing College

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