Sarah McCann

Introduction & Contact details

Sarah is “praised by solicitors and clients for her ability to hold her own against opponents far senior to her.  Her practical, commercial approach is rapidly building a strong following in the construction sector.” Chambers & Partners 2012 - construction

Sarah has an “excellent manner...solicitors say that she is ‘bright, responsive and exceptionally strong on paper’.” Chambers & Partners 2012 – professional negligence

Sarah is a member of Chambers’ Insurance and Commercial Divisions with a particular focus on Construction and Engineering and Professional Indemnity disputes.  She acts and advises on litigation, adjudications, mediations and domestic arbitrations and is also a CEDR accredited Mediator.

Qualifications

• LLB (Law and German) First Class
• Lincoln’s Inn Eastham Scholar
• Lincoln’s Inn Wolfson Scholar
• Lincon’s Inn Hardwicke Scholar
• Everard ver Heyden Foundation Prize for 7th place on the Bar Vocational Course
• Hardwicke Prize from Cardiff University for Land Law
• CEDR accredited mediator  

Professional Associations

• British-German Jurists Association
• Chancery Bar Association
• COMBAR
• Property Bar Association
• London Common Law and Commercial Bar Association
• Tecbar
• SCL
• Adjudication Society

T:        020 7242 2523
DDI:    020 7691 0037
F:        020 7691 1234
E:        sarah.mccann@hardwicke.co.uk

Construction

Sarah has developed a strong construction and engineering practice ranging from general building disputes involving residential and commercial properties to complex and highly technical multi-party, multi-million pound disputes.  Her expertise in the field has led to her being recommended for construction in Chambers & Partners 2012.

Sarah has experience of claims involving loss and expense/delay, design and build, public liabilities and street works disputes, local authority contracting and contaminated land.  Her experience in the field of general professional indemnity and insurance particularly complements her work in cases involving allegations of negligence against construction and engineering professionals.



Sarah is also experienced in utilities, in particular she has been instructed on behalf of a major electricity distributor for a number of years in claims involving allegations of fires stemming from resistive heat failures within their distribution equipment.
A significant part of Sarah’s construction and engineering practice consists of acting for the insured under subrogated claims.  Her experience of all risks and public liability policies has also tended to be connected to her construction work.

Recent Work and Reported Cases:

• Smith & Others v UK Power Networks (2009- ) (TCC) Currently acting as Junior Counsel to Paul Reed Q.C. on five test cases to determine the obligations of national electricity distributors in respect of installation, inspection and maintenance of their supply side equipment.
• L & BD v F (2011-) (TCC) Currently acting in a multi-million pound case as Junior Counsel to Nigel Jones Q.C. on behalf of the owner of an 80,000 ft² high bay warehouse in a dispute against its contractor and their sub-contractors relating to defective foundation and structural steel works.
• Quadric Ltd v Zanlia Ltd (2010) (TCC) acting against Leading Counsel on enforcement of adjudication award and advising on appeal to Court of Appeal.
• Kent County Council v Snohetta and Davis Langdon (2009) (TCC) acting as Junior Counsel to Paul Reed Q.C. and Nigel Jones Q.C. on this high profile case involving the design competition and aborted project for the proposed Turner Contemporary museum in Margate.
• Acting for a ground improvement sub-contractor in a claim brought against it and two firms of civil and structural engineers in respect of defective works at a factory.
• Acting on behalf of a specialist sub-contractor in a claim brought against it and two firms of civil and structural engineers for over £300,000 in respect of alleged negligent ground improvement works at a factory.
• Advising a ground engineering contractor in relation to damage to an underground cable caused during the removal of a guide wall.
• Advising a tenant of commercial premises in respect of a claim for material damage and business interruption due to a fire caused by hot works being carried out on the roof.
• Advising on a claim against a builder for failure sufficiently to excavate heavy clay resulting in drainage problems.
• Advising on the enforcement of an adjudication award and stay of execution in enforcement proceedings.
• Advising whether a deduction for LADs was properly made from an interim payment under the terms of JCT Local Authorities with Quants 1998 Edition.
• Acting for the Defendant in a claim under the New Roads and Streetworks Act 1991 in respect of damage caused to an underground cable.
• Advising and acting for contractors, private individuals and developers in relation to Party Wall Act Etc. disputes.
• Acting in proceedings concerning subsidence to residential properties caused by tree root exacerbated clay shrinkage.

Professional Indemnity

Professional negligence and indemnity work is one of the mainstays of Sarah’s practice and a field in which she is recommended in Chambers & Partners.  She is regularly instructed for and against professionals and their insurers in a diverse range of areas including the legal, financial, construction and property sectors. 

Sarah is experienced in dealing with all aspects of lenders’, valuers’ and solicitors’ negligence claims and over the years has acted in numerous cases involving architects, engineers, designers, project managers, surveyors, accountants auditors, mortgage brokers, insurance brokers and financial advisers. 

As part of Sarah’s professional indemnity practice she advises on coverage issues arising in respect of professional indemnity insurance policies and is often involved in working in partnership with claims managers, underwriters and the insured.

Recent Work and Reported Cases:

Legal Professionals

• Acting on behalf of insurers representing a solicitor defending a £30 million professional indemnity claim involving sale and purchase of a hotel in the south of France and allegations of fraud.
• Defending a claim against solicitor for negligent enfranchisement advice on purchase of portfolio of properties by charity
• Acting against a firm of solicitors for their negligent conduct of litigation against two other firms of solicitors for professional negligence in the conduct of the client’s underlying divorce proceedings.
• Advising a solicitor on a claim alleging that he was negligent in the conduct of the client’s divorce proceedings including failure to take steps to set aside a transfer of land by the deceased spouse pursuant to the Matrimonial Causes Act 1973 and failing to take that into account when advising the client on settlement of her claim under the Inheritance (Provision for Dependants) Act 1975.
• Advising a solicitor on a claim relating to a failure to obtain relevant documentation for the purposes of a trial and negligently advising on the merits of an appeal.
• Advising on a claim against a solicitor for failure to take into account a recent authority on the Consumer Credit Act 1974 which it was alleged would have resulted in settlement of the litigation.
• Advising a solicitor on a claim for loss of opportunity to enforce a judgment which also involved considerations of whether the proceedings were a nullity for failure to obtain the requisite permission to commence proceedings pursuant to the Insolvency Act 1986.
• Acting for a solicitor on a claim brought by a pension trust and trustee for negligence in acting on their behalf in mediation with significant satellite litigation in relation to claims for recovery of fees due on other cases.
• Advising a solicitor on a claim alleging the negligent drafting of a partnership agreement resulting in two partners being unable to compel the third partner to leave the business.
• Acting in numerous solicitors’ negligence claims relating to residential and commercial conveyancing, including advice on co-ownership, restrictive covenants, drafting of conveyances, lease renewals and execution of guarantees.
• Advising in numerous solicitors’ negligence claims relating to failure to issue proceedings within the relevant limitation period and the likely quantum of such claims.
• Acting as one of five defendants, including the Official Receiver, the Insolvency Service and the DTI and striking out the Claimant’s claim against his former solicitors for in excess of £1million.
• Melville v Melville & Others [2007] All ER (D) 139 (Nov), obtaining a Civil Restraint Order after the striking out of the three different sets of proceedings brought by the Claimant and breach of undertakings pursuant to the Protection from Harassment Act 1997.  Successfully opposed appeal of the finding of contempt in the Court of Appeal.

Finance Professionals

• Acting for a claimant in his claim against accountants and tax advisers for the loss of Business Asset Taper Relief on client’s sale of businesses
• Acting on behalf of an IFA in a claim brought against him for negligence in failing to obtain payment protection insurance in respect of his client’s mortgage.
• Advising accountants on allegations of  negligence in the preparation of VAT and tax returns.

Insurance Brokers

• Acting in a claim based on negligent advice and recommendations for employers’ liability insurance.

Construction Professionals

• L & BD v F (2011- ) (TCC) Currently acting in a multi-million pound case as Junior Counsel to Nigel Jones Q.C. on behalf of the owner of an 80,000 ft² high bay warehouse in a dispute against its contractor and their sub-contractors relating to defective foundation and structural steel works.
• Kent County Council v Snohetta and Davis Langdon [2009] (TCC), acting as junior Counsel on this high profile case involving the design competition and aborted project for the proposed Turner Contemporary museum in Margate.
• Acting in a substantial claim in the TCC brought by contractors against a specialist sub-contractor and engineers for structural damage caused by defective works.
• Acting in a claim against a piling contractor for negligence in carrying out excavation works.

Property Professionals

• Acting in a substantial claim for negligence against a valuer and solicitor in connection with back to back transactions.
• Acting on behalf of a surveyor instructed to produce drawings for works and to deal with matters arising under the Party Walls etc. Act 1996, alleged negligence in failing to take account of the chimney which passed between the party wall.

Insurance

Sarah advises upon the scope of the cover of indemnity and construction policies, avoidance for non-disclosure and misrepresentation and claims co-operation and control clauses.

Recent Work and Reported Cases:

• Advising a major legal expenses insurer whether its ATE policies were unenforceable by reason of section 27 of FSMA and whether it was in breach of section 327 of FSMA by reason of the solicitor allegedly receiving commission from the insurer.  Also involved consideration of the effect of the potential unenforceability of the client’s CFA with the solicitor on the insurance policy and potential avoidance for non payment of premiums.
• Advising solicitors’ professional indemnity insurers on issues of coverage where there are disputes as to whether the notification and co-operation provisions have been complied with.
• Advising in respect of a number of water damage and fire damage claims at a major new contemporary mixed use development, including advising on the terms of the Project Contractors All Risks Policy.
• Advising the public liability insurers of an electrical engineering and installation contractor in respect of a fire at premises where they were undertaking works and settling a draft letter of response under the Pre-action Protocol for Construction & Engineering.
• Acting with Paul Reed Q.C. in advising the lead public liability insurer when a water main pipe was damaged causing water to escape and cause damage to the surrounding residential properties and railway station.
• Cusworth v Capita Commercial Services Limited (2009) (Ch), a claim brought against an underwriter and its agent for refusal to provide legal expenses cover which included allegations of breach of contract, breach of fiduciary duty and breaches of the Insurance Companies (Legal Expenses Insurance) Regulations 1990.  Acted on behalf of the agent in successfully striking out the claim against it.

Commercial

Sarah has extensive experience of commercial and business related disputes.  A large proportion of Sarah’s commercial practice involves professional negligence, construction and insolvency disputes.  However, she also regularly acts in all kinds of contractual business and trade disputes, financial services, consumer credit and civil fraud cases.

Sarah ha a good understanding of many aspects of the Financial Services and Markets Act 2000 (‘FSMA’).  She was standing Counsel to the Financial Ombudsman Service (‘FOS’) for several years and, as a result, has gained an in-depth knowledge of many key provisions and technicalities of the FSA Handbook.

Recent Work & Reported Cases:

• Financial Ombudsman Service v Heather Moor & Edgecomb Ltd [2009] 1 All ER 328, CA, led by Charles Flint Q.C. in an appeal concerning the legality of case fees charged by the FOS to IFAs in respect of complaints raised by consumers.
• Clydesdale Financial Services v Smailes [2009] EWHC 1745 (Ch), acting as Junior Counsel to Nigel Jones Q.C. in a claim involving removal of administrators appointed under a pre-pack administration and sale at an undervalue of assets of a solicitors’ practice.
• Financial Ombudsman Service Ltd v Antony Weil Insurance Consultants (2008), acting on an appeal as to whether the FOS’s compulsory jurisdiction pursuant to the Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 applied to a firm formerly authorised by FIMBRA but which was never a member of the PIA.
• Chang Limited & Others v Costs Certainty Limited & Others (2008) ChD, acting as Junior Counsel to Nigel Jones Q.C. in a claim including allegations of breach of directors’ duties and sale at an undervalue.
• Advising a minority shareholder on his potential remedies, settling petitions and points of claim pursuant to section 994 Companies Act 2006 (formerly section 459 Companies Act 1985) in respect of four companies.
• Acting for a company seeking emergency declaratory and injunctive relief to prevent the defendant from holding himself out as a director of the company or otherwise interfering with its management.
• Advising a company when its proposed transfer of shares to a connected company was challenged by a former director and minority shareholder
• Takavarasha v Newham Borough Council [2006] BPIR 311, successfully opposed an appeal against a bankruptcy order based upon a Liability Order.
• Re a Company (No. 3070 of 2003) [2003] All ER (D) 139 (Oct), successful application on behalf of company for an extension of an injunction restraining presentation of a winding up petition.