Mariusz Rumun

Mariusz has growing experience of insurance and reinsurance disputes and has benefitted from a period of secondment to the insurance team at a leading law firm. Mariusz is well-positioned to advise on a range of coverage issues, including policy construction, compliance with claims conditions, and avoidance.

More generally much of Mariusz’s work involves insurers, including subrogated recoveries and defending liability claims both against the insurer and the insured. He also has experience of professional negligence claims against insurance brokers.

Examples of Mariusz’s work include:

• Advising on the merits of a claim alleging breach of the term implied by s.13A Insurance Act 2015 seeking damages for late payment following a fire at business premises. The underlying claim for property damage and business interruption was in excess of £1m and substantial further damages were sought.
• Advising on coverage issues in claims concerning loss of rent arising out of the Covid-19 pandemic (on secondment).
• Advising on issues of material non-disclosure, late notification, double insurance, and construction of a public liability policy following a claim arising in connection with construction works (on secondment).
• Advising on the prospects of raising a Berni Inns defence to a claim brought following an escape of water at a property (on secondment).
• Drafting the Defence to a claim against an insurance broker alleging a failure to effect insurance to cover the Claimant’s needs.
• 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 concerning breach of a binding authority agreement covering marine business (as a pupil).

Mariusz has experience of professional liability claims and issues across a variety of different professions including auctioneers, insurance brokers, managing agents, solicitors, architects and other construction professionals.

Examples of Mariusz’s work include:

 Insurance Brokers

• Drafting the Defence to a claim against an insurance broker alleging a failure to effect insurance to cover loss of rent and legal expenses in connection with a commercial property portfolio.

Solicitors

• Representing a firm of solicitors in a £100,000+ claim following the payment of conveyancing money directly to the beneficiary under a discretionary trust, it being alleged that it should have been paid into an account in the name of the trust.
• Representing solicitors in a loss of a chance claim, the claimant having discontinued her product liability claim on the advice of her new representatives, allegedly caused by negligence the defendant firm in their choice of defendants and pleaded causes of action.
• Drafting the Defence to a claim brought against a solicitor alleging breach of undertaking and breach of trust in connection with their involvement in the proposed purchase a commercial property.
• 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).
• Assisted 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 Professionals

• Represented a firm of architects in an adjudication concerning allegedly negligent design and contract administration of concrete works as part of the development of a new tram terminal.
• 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).

 Miscellaneous

• 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.

Mariusz has a busy property damage practice and has experience of a range of disputes involving loss of and damage to property, including those concerning damage caused by water, oil, and fire. He is familiar with the various legal issues that may arise in such claims in tort, contract, and the different statutory regimes that may apply, including the Defective Premises Act 1972 and Consumer Protection Act 1987. Mariusz is comfortable with understanding and dealing with the technical evidence, which is often of central importance in these disputes.

Recent examples of Mariusz’s work include:

• Acting on behalf a statutory water undertaker in a c.£100,000 claim under the Water Industry Act 1991, in connection with dry rot at a property alleged to have been caused by an escape of water from the undertaker’s asset in the street, raising issues of causation.
• Advised on a claim for damage caused by an escape of water from an isolation valve in a residential property, raising issues under the Defective Premises Act 1972 as well as negligence. The claim was settled without the need to issue proceedings.
• Advising on the prospects of raising a Berni Inns defence to a claim brought following an escape of water at a property (on secondment).
• Successfully represented the Claimant in a subrogated recovery claim following the ingress of wastewater and sewage into his property on Rylands v Fletcher
• Advising in a multi-party dispute concerning damage to telecommunications apparatus during pavement works.
• Advising on the prospects of success in a subrogated recovery action following a fire at the defendant’s property which occurred when he was using a blowtorch whilst removing paint from wooden panels on his roof, which caused damage to the neighbouring property.
• Advising on a pre-action disclosure application following damage to neighbouring property caused by debris falling from a fire-damaged property.
• Drafting the Defence in a claim against a carpet cleaner in relation to damage to the carpet following the provision of cleaning services at commercial premises.

Mariusz welcomes instructions in commercial disputes across Chambers’ areas of practice, including the sale of goods, contracts for services, agency, bailment, and debt claims.

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:

• Currently instructed in Dublin Coach v Evo Bus (led by Daniel Shapiro KC), a multimillion-pound claim in the Commercial Court concerning various alleged breaches of warranty following sale of coaches.
• 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).

Mariusz continues to build on his experience of product liability disputes concerning products ranging from ordinary household appliances and fittings to industrial machinery. He is familiar with the issues that arise in such cases in contract, tort, and under the Consumer Protection Act 1987.

Examples of his work include:

• Currently instructed in Dublin Coach v Evo Bus (led by Daniel Shapiro KC), a multimillion pound claim in the Commercial Court concerning various alleged breaches of warranty following sale of coaches.
• Drafted the Defence in a claim against a retailer of e-cigarettes after a product allegedly caught fire and caused the user to suffer burns.
• Advising on a claim concerning an allegedly defective expansion vessel in a domestic plumbing system, which failed and caused an escape of water.
• Advising in connection with a fire at a market following electrical upgrade works, involving evidential issues as to the cause of the fire and vicarious liability for the subcontractor who carried out part of the installation works.
• Advising and drafting the letter of response in a professional negligence claim against solicitors concerning their handling of a claim arising out of personal injury caused by an allegedly defective bottle with broke which broke whilst being handled by a customer in a restaurant.
• 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).

Mariusz is continuing to develop his practice in construction disputes.

Examples of Mariusz’s work include:

• Acted on behalf of the Responding Party in an adjudication brought against an architect seeking damages in respect of the allegedly negligent design of concrete works at a tram terminal.
• Advising on and preparing a claim against a subcontractor responsible for the commission and installation of plumbing in a new-build property. The claim raised issues under the Defective Premises Act 1972 as well as in negligence.
• 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).