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Mek Mesfin

Call 2014

Professional Liability

Mek’s experience of professional negligence includes matters involving engineers, contractors, solicitors, architects, insurance brokers, auctioneers and auction houses, consultants and surveyors. His work in this area is frequently tied to instructions relating to professional indemnity insurance and related coverage / policy matters.

Selected Cases

  • Dalamd v Butterworth Spengler [2018] EWHC 2558 (Comm) – Mek (led by Daniel Shapiro) 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.
  • Mek is instructed on behalf of the freeholder of a building in claims worth c.£5m against its insurer and members of the construction professional team in relation to defective cladding and compartmentation issues.
  • Defending a solicitors’ firm against an allegation of professional negligence with respect to information provided during a residential property conveyancing transaction.
  • Drafting a Defence and Counterclaim to a claim raised by a government body alleging that a geotechnical engineer failed to appreciate and incorporate into its design ground conditions that were reasonably foreseeable.
  • Drafting a Defence for an architectural technologist against a claim brought by subsequent purchasers of a property for breach of a tortious duty alleged to have been owed on the basis of a certificate issued by the architectural technologist to the original purchasers.
  • Advising on a surveyor’s standard of care in conducting valuations.
  • Drafting a Defence on behalf of an architects’ firm against a claim made by a school alleging defective design and a failure to inspect.
  • Advising on the likelihood of successfully relying on an exclusion clause to defend a claim alleging professional negligence against engineering consultants relating to historic asbestos removal.
  • Settled a Defence in a claim against a fine art auction house for breach of contract and negligence on the basis of an alleged failure to provide accurate pre-auction estimates and an allegation of allowing items to be sold at an undervaluation.
  • Settled a Defence in a claim against a surveyor for allegedly negligent structural calculations; involved issues of continuing duties and repudiatory breach of contract.
  • Defending a solicitors’ firm against an allegation of professional negligence with respect to probate litigation.
  • Bringing a claim against a solicitors’ firm for negligent handling of immigration applications.
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Awards


  • 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)

News


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Qualifications


  • 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)

Memberships


  • COMBAR
  • TECBAR
  • SCL
  • PIBA
  • PNBA
  • BILA
  • TECBAR Adjudicator
  • Member of Panel of Adjudicators for the Construction Plant Hire Association.

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