Oliver Stapel

Oliver has experience in relation to a wide range of insurance disputes. He is well positioned to advise on policy construction and avoidance. Examples of recent work include:

• Representing an insurance agent in a strike out application on the basis that they were not the proper Defendant.
• Advising an insurer on whether cover could be avoided under a policy issued to the principal contractor for damage caused by an uninsured subcontractor (as a pupil).
• Drafting a Defence for an insurer in a property damage claim involving issues of policy construction, coverage, waiver and estoppel (as a pupil).
• Drafting a skeleton argument for an insurer striking out a claim for an indemnity for a contractual liability under a product liability policy (as a pupil).
• Drafting a skeleton argument for a policyholder resisting strike-out brought by the insurer on the basis that the policy did not offer cover and conditions precedent to cover had not been complied with (as a pupil).

Oliver accepts instructions in all aspects of property damage work. During pupillage he gained experience advising and drafting statements of case for both Claimants and Defendants in respect of different types of property damage, including flooding caused by Highway construction, accidental fires, and arising from the negligent supply of industrial chemicals.

During pupillage, Oliver gained experience of product liability disputes in tort, contract and under the Consumer Protection Act. This included:

• Advising a pharmaceutical company on the prospects of a claim against the manufacturer of equipment that had caused c£1.75m of medication to be contaminated (as a pupil).
• Preparing a mediation position statement on behalf of a contractor that had installed allegedly defective radiators (as a pupil).

Oliver is developing a broad personal injury practice and accepts instructions to advise and draft pleadings for both claimants and defendants. Alongside Road Traffic Claims, Oliver has experience in all areas of personal injury including claims involving allegations of fundamental dishonesty. Previous work has included:

• Advising the owner of a racecourse on potential liability for injuries caused by the alleged negligent design of the track (as a pupil).
• Advising and drafting the Defence for a stress claim arising out of disciplinary actions taken against an employee (as a pupil).

Oliver has an interest in both professional negligence and professional disciplinary matters. Recent experience has included:

• Advice and Defence on behalf of a voluntary professional association that had removed a member from the register (as a pupil).
• Advising the auditor who had signed off the accounts of a charity that had been accused of misappropriating funds (as a pupil).
• Advising a firm of solicitors accused of providing negligent advice, including issues of limitation and whether the claim was covered by the terms of an earlier settlement agreement (as a pupil).