Profile: Professional Liability
Experience and Expertise
Mark West has extensive experience in professional liability matters, including claims for negligence, breach of contract, breach of trust, breach of fiduciary duty and breach of regulatory or professional rules, particularly in claims involving solicitors, barristers, valuers and surveyors.
From 1999 to 2003 he was a contributing editor to Lloyd’s Law Reports (Professional Negligence).
Cases and Work of Note
- Portman Building Society v. Hamlyn Taylor Neck  4 All ER 202 (Court of Appeal); (whether a lender has a cause of action in restitution to recover money paid under a mistake of fact in the context of a solicitor’s negligence action)
- Portman Building Society v. Bevan Ashford  Lloyd’s Rep PN 354 (Court of Appeal); (measure of damages in solicitor’s negligence action where solicitor failed to inform lender of borrowers’ proposal to grant second charge: application of test in SAAMCO to solicitor’s negligence action)
- Acting for lenders against solicitors on a number of issues (breach of duty, causation, scope of duty, contributory negligence) arising out of mortgage frauds (subsales, sales at undervalue, forgery, impersonation and associated claims for breach of warranty of authority and indemnity from the Land Registry)
- Acting for a lender in a claim for negligent conveyancing against solicitors in an LLP which had gone into administration and advising on the question of whether it was possible to obtain retrospective permission from the Court to issue the proceedings;
- Acting for solicitors in a case involving the sale of minerals and the retention of title thereto by the former lord of the manor under his preserved copyhold rights
- Acting for solicitors faced with claims for negligence over the formation of partnerships to obtain milk quotas and over limitation issues relating to SLOM quotas
- Advising a vegetable processing business in a claim against its former solicitors for negligence in failing to serve valid notices to determine a sub-tenancy which had the benefit of protection under the Landlord & Tenant Act 1954
- Advising solicitors in a case brought by a college of further education involving the correct advice about its repairing obligations and conditions precedent for the valid operation of a break clause in the college’s lease.