Michael Harper

Professional Liability

Michael is identified as a leading junior in Legal 500 and Chambers & Partners for professional liability, which forms a core part of his practice.

Michael has extensive experience of a wide variety of claims against professionals, including solicitors, brokers, accountants and other financial professionals, construction professionals, surveyors and other agents, consultants and professionals.

A notable past example was one of the Lawyer’s Top 20 cases of 2019, a £300m professional negligence dispute, which fought through to a 5-week trial (and which would have been longer but for the compressed trial timetable).

Examples of Michael’s work are given below.

Lawyers

• Proceedings against a global law firm (pre-action): £50m claim arising out of a large commercial property acquisition. Led by Roger Stewart KC.
• Proceedings against a (different) global law firm (pre-action): £20m claim arising out of a multi-billion private equity acquisition. Led by Daniel Shapiro KC.
• Cornell v Newtons Solicitors: £2m claim, alleging failure to advise a property developer client on title. Sole counsel.
• PBF Investments v Ewan & Co: £1m claim arising from a loan raising, amongst other issues, a defence of illegality based on a fraudulent or sham lending arrangement. Sole counsel.
• Iyegbe v CMS: acting to strike out a £5.5m claim making serious allegations, including fraud, against two solicitors and a Court clerk and obtaining a civil restraint order. Sole counsel.
• Muirgold v CMS: £14m claim arising from negotiation of long-term hotel management agreements. Led by Roger Stewart KC, but acting as sole counsel on interim applications.
• First Tower Trustees v Olswang LLP: £2.5m claim alleging wide-ranging breaches, relating to transactional work and thereafter litigation arising from the transaction. Led by Daniel Shapiro KC.
• Mayr v CMS: one of the Lawyer’s Top 20 cases of 2019. Michael defended CMS in a £300m negligence claim on the principal basis that the claim arose out of the claimants’ fraud. The claimants discontinued during a 5-week trial following cross-examination of their principal witnesses. The case involved expert accountancy evidence and a number of procedural skirmishes. Led by Roger Stewart KC and Daniel Shapiro KC.
• Significant experience of claims against solicitors generally, particularly in the context of conveyancing.

Insurance Brokers & Agents

• Kalra v J Bennett & Sons: £2m brokers’ negligence claim, following rejection of cover for alleged non-disclosure. Sole counsel.
• Dispute between a major car manufacturer and its brokers: £1m brokers’ negligence claim for failure to place cover. Sole counsel.
• Claim by a major insurer against a major provider of legal expenses insurance and funding regarding the operation of its delegated authority across thousands of ATE policies. Led by Ben Pilling KC.
• Broker’s negligence claim relating to the adequacy of the policy placed.

Accountants & Financial Professionals

• Mount Anvil Group v KPMG: £6m accountants’ negligence claim, arising from an alleged forfeiture of tax relief due to incorrect returns. Led by Roger Stewart KC.
• Vilintone & ors v Wincham International: claim against international asset specialists (combining legal, taxation and accountancy services), allegations as to tax consequences of acquisition of Spanish property via corporate vehicles.

Construction Professionals

• The Grenfell Tower Litigation: civil claims arising out of the Grenfell Tower Fire, including defending negligence claims against the main contractor and bringing negligence claims against a variety of other construction professionals. Led, as part of a team, by Andrew Rigney KC.
• Fatboys Catering Equipment v Burnside Hotel: claim for unpaid fees and counterclaim for alleged breaches in relation to the design and installation of a commercial hotel kitchen; protracted litigation (2019-2024), due to a number of procedural skirmishes.
• The Gym v Brighton Seafront Regeneration & ors: multi-party dispute arising from construction works.
• Advising on and drafting letters of claim against the architect and parties contracted to design and supply and to fix planters at an eight-storey commercial office building.
• Yord & ors v Design Realised: dispute as to the quality of works and materials regarding works to two properties.
• Advising and settling particulars for fire damage at a residential property caused by hot works during a construction project.
• RG Carter Holdings v Horton Construction Services: claim by the main contractor against the carpentry subcontractor for allegedly defective construction of a loft hatch (leading to personal injury and settlement by the main contractor).

Surveyors & Valuers

• Significant experience of surveying claims generally, particularly in the context of properties and yachts.
• Robinson v Aldi Stores et ors: claim against quantity surveyor in a multi-party construction dispute, relating to a roofing project.
• Brown v Underwood: claim against chartered surveyor relating to residential property.

Emerging & Non Standard Professionals

• Capital Development Investments v Shadow Consultancy Services: claims for alleged breaches of a contract for security services at a commercial property (during which a burglary occurred) and unjust enrichment; counterclaim for unpaid fees.
• Pour v X Scuderia: claim for alleged breach of contract to restore a vintage Rolls Royce.
• Malik v X Scuderia: claim for alleged breach of contract to restore a high-end supercar (a 2007 Ferrari 599 GTB).
• Vilintone & ors v Wincham International: claim against international asset specialists (combining legal, taxation and accountancy services), allegations as to tax consequences of acquisition of Spanish property via corporate vehicles.
• Bushwood v Wincham International: claim against international asset specialists, alleged failure to investigate title.

Experience prior to joining Chambers

• Hughes-Holland v BPE [2017] UKSC 21: Michael assisted with the appeal, culminating in the landmark judgment in which the Supreme Court restated SAAMCO principles.

Selected Cases

News

• Daniel Shapiro KC, Michael Harper and Alethea Redfern acted for World Challenge Expeditions Ltd in its successful claim against Zurich Insurance Company Ltd
• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract

Read more

Articles

• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract
• Hindsight is 20/20: Assessment of damages in light of Covid-19

Qualifications

• BPTC
• BCL, University of Oxford
• BA Hons, University of Oxford
• Lord Denning Scholarship, Lincoln’s Inn
• Graduate Fund Scholarship, Oxford Law Faculty

Memberships

• COMBAR
• PNBA