Insurance & Reinsurance
Mek has a wide range of experience in insurance disputes, covering a wide range of industries and sectors.
- Dalamd v Butterworth Spengler  EWHC 2558 (Comm) – Mek (led by Daniel Shapiro) defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies. This is a significant case on damages for loss of a chance, particularly in the context of insurance brokers.
- Hill Residential v Berryrange Limited [2019 – ongoing; London TCC; (4-day Trial December 2020]: Mek is instructed as sole counsel in a claim relating to piling works at a prestige development in London. The case raises issues of duties to warn and the interpretation of the joint insurance provisions obtained by one of the parties and the extent of its cover.
- Coverage/Policy issues: Mek has significant experience of the gamut of policy/coverage issues. He has recently completed secondment at a City Law Firm in its Insurance/Property Damage team, where he dealt with a range of multi-million pound disputes raising a range of policy coverage and liability issues.
- Instructed by insurers to draft a Defence for a global supermarket chain in support of an application to set aside judgment in default obtained against it. Upon receiving Mek’s Defence the Claimant conceded the application, the judgment in default was set aside, and the Claimant subsequently applied to amend its Particulars of Claim to completely alter its case. Mek has advised on resisting the Claimant’s application to amend and on making a concurrent strike-out / summary judgment application. He is instructed to appear at the hearing of those applications in February 2017.
- Advising on and settling Particulars of Claim in a subrogated claim against the worlds second largest steel producing company regarding breach of a warranty it had provided for the manufacture and supply of galvanised steel panels for a warehouse roof; included consideration of notification provisions and expert engineering evidence.
- Advising on and settling Particulars of Claim in a subrogated claim regarding significant damage to a large listed 19th century property arising from a road traffic accident.
- Recently successfully appeared for an insurer defending a claim for property damage.
- Frequently appears in Court on behalf of insurers and insureds in relation to coverage and underlying liability disputes across areas including property damage and personal injury.
- Advising on a coverage dispute between an employers’ liability and a public liability policy in relation to a fatal accident at a school.
- Advising a Lloyd’s syndicate on whether it was – and if so to what extent – contractually liable to indemnify the employee of an insured for costs incurred in defending a criminal prosecution brought against him.
- Advising on the applicability of the Road Traffic Act 1988, its effect on contractual insurance and the statutory and European regimes in place for motor insurance.
- Advising an insurer on issues of causation, liability and whether it could overcome a Mark Rowlands v Berni Inns defence in order to bring a subrogated claim against a tenant of its insured following a fire at a warehouse.
- Advising a Lloyd’s syndicate on equitable and contractual set-off and limitation in relation to historic coverage for property damage and theft.
- Advising an insurer on the applicability of a deliberate / illegal act clause in a coverage dispute.
- Advising a school on a coverage dispute relating to its vicarious liability in matters of historic sexual abuse.
- Advising and drafting a Defence on behalf of an insurer against a claim brought for flood damage to a domestic property; involved issues of claims co-operation, fraud, bankruptcy and warranties.
- Advising on and settling Particulars of Claim for a leisure centre against a local authority for an indemnity and/or contribution.
- Mek conducted the first two days of a trial in behalf of an insurer relating to significant damage caused to a Highway; concerning no loss arguments and detailed quantum. The matter settled at the conclusion of Mek’s cross examination on favourable terms for his client.
- Best Memorandum (Honourable Mention), Willem C. Vis Moot (2014)
- Monckton Chambers European Law Essay Prize, Finalist (2013)
- Prince of Wales BPTC and Residential Scholar, Grays Inn (2013)
- Bar Council Law Reform Essay Competition, Prize Winner (2012)
- Herbert Smith/The Times Advocacy Competition, Prize Winner (2012)
- David Karmel GDL Scholar, Gray’s Inn (2012)
- One Essex Court / The Times Law Awards, Finalist (2012)
- Oxford Law Society Essay Prize, Winner (2011)
- Sir Isaiah Berlin Prize, Corpus Christi College, Oxford (2011)
- Sharpston Scholarship, Corpus Christi College, Oxford (2010)
- SSE Scholar, English Speaking Union (2009)
- Mek Mesfin considers the case of ICCT v Pinto  4 WLUK 289
- Clarification of the appropriate test for causation in insurance brokers’ negligence cases
- Bar Professional Training Course, City Law School (2013 – 2014)
- Graduate Diploma in Law, City Law School (2012 – 2013)
- BA (Hons), Corpus Christi College, University of Oxford (2009 – 2012)
- TECBAR Adjudicator
- Member of Panel of Adjudicators for the Construction Plant Hire Association.