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Mek Mesfin

Call 2014

Professional Liability

Mek has a wide range of experience of professional negligence, including matters involving construction professionals (including engineers, contractors, architects, approved inspectors, sound acoustic engineers), legal professionals (solicitors and barristers), investment funds, SIPP providers, insurance brokers, Lloyds syndicates, auctioneers and auction houses, surveyors and a wide range of consultants. He has a wide range of experience of disputes relating to claims/counterclaims for professional fees. His Professional Liability works is often tied to instructions relating to professional indemnity insurance and related coverage / policy matters.

Selected Cases

  • Clarke Willmott v Morrissey Construction [2019 – ongoing]: Mek is instructed as sole counsel representing in relation to this professional negligence action in relation to the allegedly negligent conduct by solicitors of an underlying construction dispute.
  • Taylor v Pardoes Solicitors [2018 – ongoing; Exeter High Court]: Mek is instructed in this case concerning allegedly negligent conduct by solicitors of a judicial review action. The trial is listed for 2 days in the Exeter High Court in April 2020.
  • Freeholder v Insurer [2018 – ongoing]: Mek is instructed (as junior) 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.
  • Major Solicitors’ Firm [2018 – ongoing]: Mek is instructed as sole counsel defending a solicitors’ firm against an allegation of professional negligence with respect to information provided during a residential property conveyancing transaction.
  • Thornley (1) and MacGill (2) v Assent Building Control Limited & Ors (2018): Mek was instructed to defend an Approved Inspector in a large multi-party claim worth £250,000. After a contested hearing in the Bristol TCC before HHJ Russen QC, Mek’s client was successful in its application to have the claim against it struck out and obtained its costs of the entire action on an indemnity basis.
  • Dalamd v Butterworth Spengler [2018] 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.
  • Meddings v Aedis (2018 – ongoing): Mek is defending an Approved Inspector in a large multi-party claim worth c.£300,00.
  • Contractor v Sound Acoustic Surveyor [2018 – ongoing]: Mek is instructed in a novel claim against a Sound Acoustic Engineer for negligent pre-completion surveying at a prestigious development in West London.
  • Broom v Fluid [2018]: Mek is instructed (led by Ben Quiney QC) Ben is acting for engineers in a multi-million pound claim arising from a private development that appeared on the “Grand Designs” programme and is alleged to require significant remedial works. The claim involves difficult questions of scope of duty, technical evidence and quantification arise, along with the unique feature of the building having its own television programme about it.
  • Maguire v Fine Art Auction House [2016 – 2019]: Mek was instructed from pleadings onwards to represent the Defendant Fine Art Auction House against a claim for alleged 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. The claim against his client was dismissed. The Claimant appealed and the appeal, at which Mek appeared, was also dismissed.
  • Insurer v Insurer [2018]: Mek is instructed on behalf of an insurer defending a claim from another insurer regarding which insurers’ policy covered the insured (a solicitor firm). The case relates to an important tem of the Solicitors Minimum Terms.
  • Government Body v Geotechnical Engineer [2017] – 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.
  • Private individuals v Architectural technologist [2017]: 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.
  • Individual v Solicitors’ Firm [2016 – 2017]: Defending a solicitors’ firm against an allegation of professional negligence with respect to probate litigation. The case settled shortly before trial which had been listed for 2 days.
  • Individual v Solicitors’ Firm [2017]: Bringing a claim against a solicitors’ firm for negligent handling of immigration applications. The case settled shortly before trial which had been listed for 3 days.
  • Individual v Cavity Wall Insulation Installer [2017 – ongoing]: Mek is instructed on multiple cases relating to the defective installation of Cavity
  • 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 surveyor for allegedly negligent structural calculations; involved issues of continuing duties and repudiatory breach of contract.
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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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