Kate Livesey

Kate’s professional liability practice covers claims against lawyers, insurance brokers, directors, valuers, financial advisers, accountants and construction professionals (engineers, architects, and quantity surveyors).

Featured Professional Liability cases

Kate is one of a panel of five adjudicators selected by the Chairman of the PNBA who is available to accept appointments to adjudicate professional negligence disputes under the pilot scheme promoted by the Ministry of Justice and the PNLA.

Claims for and against lawyers: defending solicitors against allegations of negligence in the context of commercial and other litigation/arbitration; defending solicitors at trial in a claim concerning alleged negligence relating to a transaction to purchase a superyacht; acting for claimants and defendants in cases relating to allegedly negligent conveyancing; lender claims against solicitors; acting for a barrister in a reported professional disciplinary appeal: P (A Barrister) v General Council of the Bar; acting for the claimant at trial and on appeal in a reported ‘lost litigation’ claim: Browning v Brachers.

Claims for and against insurance professionals: acting for a major national insurance broker in a case concerning the placement of business interruption cover; acting against a major international broking firm in a £5.5m claim brought by underinsured commercial claimants; acting for loss adjusters accused of negligent claims handling.

Claims against valuers: acting in lender claims including acting for valuers raising the defence of ex turpi causa (‘illegality’) against the notoriously fraudulent bridging loan company, Lexi Holdings, and the defence of a claim concerning the valuation of a portfolio of luxury hotels.

Acting for offshore company administrators and directors defending a claim for over £120 million brought by the property development companies by which they were formerly appointed.

Acting for independent financial advisers challenging decisions of the FOS in pension transfer cases in judicial review proceedings before the Court of Appeal and challenging the lawfulness of FOS’ case fee: R v Financial Ombudsman Service ex parte Heather Moor & Edgecomb Ltd (2008) Bus LR 1486 and Financial Ombudsman Service v Heather Moor & Edgecomb (2009) 1 All ER 328.

Acting for and against accountants in claims relating to tax advice.

Acting for and against professionals accused of negligence in their capacity as expert witnesses.

Co-operative Group Ltd v John Allen Associates Ltd (2012) 28 Const LJ 27: Claims against civil and structural engineers: includes representing defendant engineers in a claim by a contractor against engineers and specialist ground improvement contractors arising from the failure of vibro-replacement ground improvement works; representing engineers in connected multi-party actions arising from alleged failures of retaining walls at commercial premises; representing engineers bringing a contribution claim against geotechnical engineers in respect of the alleged failure of a remedial retaining wall at commercial premises; representing engineers in a case concerning the failure of a canal-side retaining wall; representing engineers in a multi-party dispute concerning the design and construction of a concrete floor slab in a large commercial warehouse unit; representing engineers in connection with failed foundations on a new-build housing estate; successfully defending engineers in a 4-week trial concerning specialist vibro ground improvement techniques used in the design and construction of a supermarket development.

Defending process plant designers in an ICC arbitration claim alleging fraud and breach of contract.

Acting for an employers’ agent defending contribution proceedings (and bringing contribution proceedings against mechanical engineers) in a multi-party claim arising from failures in the design and construction of a boosted cold water system in a large residential development.

Defending a multi-disciplinary construction consultancy in claims relating to alleged defective lead design, mechanical engineering, architectural design and contract administration services on a project to build an academy school.

Acting for quantity surveyors defending allegations of under-costing and negligent valuation of work.

Claims for and against architects: acting for the claimant in a dispute relating to design and installation defects in an underground structure; acting for a claimant in connection with complaint proceedings against a registered architect before the ARB; acting for the claimant in a dispute resulting from the design of a building footprint that did not fit within the development area; acting for architects in claims arising from multiple alleged defects in residential developments.

Advising the owner of a classic yacht engaged in arbitration proceedings with marine engineers in relation to the vessel’s reconstruction.