Steven O'Sullivan
Steven is a robust insurance litigator who advises principally on professional liability, with particular expertise in solicitors' liability, as well as some general insurance litigation/arbitration and property damage work.
His work includes:
' policy advice
' lender claims
' equity and breach of trust claims
' breach of undertaking or warranty of authority
' negligence
Prior to 2002 when he began working in this area of the law, Steven acted for insurers defending personal injury claims and therefore retains residual knowledge and interest in this area in terms of loss of opportunity or undersettlement claims against solicitors.
Steven spent 6 ½ years at a major insurer handling professional indemnity claims against solicitors, accountants and other professionals. He therefore has keen commercial awareness and strong insight into what insurer clients are looking for when handling litigation against their insureds.
Steven is the author of numerous articles, notably in the New Law Journal, with particular focus on professionals' risk management and claim avoidance, as well as recent developments in case-law.
Practice Area
Panel
- Contributing Author
8 Contributions by Steven O'Sullivan
PRACTICE NOTES
Defending professional negligence claims under the Pre-Action Protocol: compliance, preliminary notice, analysing letters of claim, disclosure, investigations, response/settlement, duty, breach, causation, quantum, mitigation, experts (England and Wales)
This Practice Note reviews the Pre-Action Protocol governing Professional Negligence claims that is currently in force and now in effect.
Note that proceedings issued in the Business and Property Courts on or after 1 October 2015 may fall within, or be amenable to, either the Shorter Trials Scheme or the Flexible Trials Scheme, as appropriate.
For more information, see the following Practice Notes:
Business and Property Courts—shorter trials scheme
Business and Property Courts—flexible trials scheme
Scope of this Practice Note
This Practice Note explores issues defendants may encounter when defending professional negligence claims whilst remaining compliant with the Pre-Action Protocol for Professional Negligence claims (the 'Protocol'), and addresses practical considerations.
Also see: Professional negligence claims—defendant steps—checklist.
For guidance for claimants in this respect, see the following:
Practice Note: Professional negligence claims—pre-action protocol—claimant issues
Professional negligence claims—claimant steps—checklist
Read this Practice Note in conjunction with Practice Note: Professional negligence claims—the pre-action protocol, which provides general guidance on the protocol and the pre-action timetable, as further context...
Dispute Resolution
PRACTICE NOTES
Professional Negligence Pre-Action Protocol: Scope, Procedure, Compliance, Limitation, ADR, Experts and Key Authorities (England and Wales)
This Practice Note outlines the position under the Pre-Action Protocol for Professional Negligence claims currently in force.
Scope of this Practice Note
It reviews the Pre-Action Protocol for Professional Negligence claims (the Protocol), covering its use, objectives, the general implications of non-compliance, and how limitation interacts with Protocol compliance.
It sets out the principal steps mandated by the Protocol, namely the preliminary notice, the letter of claim, the acknowledgement, the letter of response, and the subsequent commencement of proceedings.
The Note also addresses the exchange of information between the parties, the role of experts, alternative dispute resolution (ADR), and the Protocol’s stocktake provision.
For focused guidance on the Protocol from the standpoint of a prospective party to such a claim, see:
Practice Note: Professional negligence claims—pre-action protocol—claimant issues
Checklist: Professional negligence claims—claimant steps—checklist
Practice Note: Professional negligence claims—pre-action protocol—defendant issues
Checklist: Professional negligence claims—defendant steps—checklist
Throughout this Practice Note, the Pre-Action Protocol for Professional Negligence claims is referred to interchangeably as ‘the Protocol’ or the ‘professional negligence PAP’...
Dispute Resolution
PRACTICE NOTES
Professional Negligence Pre-Action Protocol—Claimant Issues: strategy, preliminary notices, letters of claim, disclosure, causation, mitigation, timing and experts (England and Wales)
This Practice Note reviews the current Pre-Action Protocol for Professional Negligence claims, now in force. Note: proceedings commenced on or after 1 October 2015 in the Business and Property Courts may fall within, or be appropriate for, either the shorter trials scheme or the flexible trials scheme. See Practice Notes as set out below:
Business and Property Courts—shorter trials scheme
Business and Property Courts—flexible trials scheme
Scope of this Practice Note
This Practice Note explores certain issues a claimant may encounter when seeking to pursue professional negligence claims so as to comply with the Pre-Action Protocol for Professional Negligence claims (the ‘Protocol’). See also: Professional negligence claims—claimant steps—checklist. For guidance for defendants, see the following resources:
Practice Note: Professional negligence claims—pre-action protocol—defendant issues
Professional negligence claims—defendant steps—checklist
This Practice Note should be read together with Practice Note: Professional negligence claims—the pre-action protocol for general guidance on the Protocol, including the pre-action timetable therein. For guidance on commencing a professional negligence claim, by reference to a worked hypothetical set of pleadings and a template precedent particulars of claim, see the following Practice Notes:
Practice Note: Starting a professional negligence claim—a practical guide
Practice Note: Pleading professional negligence claims—worked hypothetical examples...
Dispute Resolution
PRECEDENTS
Pre-Action Protocol letter of claim against surveyor for negligent mortgage valuation and/or breach of contract (England and Wales)
[ ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS ]
Our ref: [ insert your file reference for this matter ]
FAO: [ INSERT RELEVANT NAME ]
[ NAME OF DEFENDANT SURVEYOR ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]
Dear [ insert name ]
[ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
LETTER OF CLAIM
[ We refer to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence comprised a preliminary notice of claim issued pursuant to the Pre-Action Protocol for Professional Negligence, which required your acknowledgement by [ insert date ]. ]
[ We note receipt of your letter dated [ insert date ] acknowledging the preliminary notice. [ However, we still require confirmation that your professional insurers have been notified of the circumstances surrounding our client’s claim against you. Please also provide a copy of this letter to them and confirm to us that you have done so... ]
Dispute Resolution
PRECEDENTS
Pre-Action Protocol-compliant letter of claim: accountant's negligent misstatement (England and Wales)
[ To be printed on the claimant’s solicitors’ headed paper ]
Our reference: [ insert your file reference for this matter ]
For the attention of: [ INSERT RELEVANT NAME ]
[ NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN ][ ADDRESS LINE 1 ][ ADDRESS LINE 2 ][ POSTCODE ]
[ DATE ]
Dear [ insert name ]
[ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
LETTER OF CLAIM
[ We refer to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence constituted a preliminary notice of claim issued in accordance with the Pre-Action Protocol for Professional Negligence, and required your acknowledgement by [ insert date ]. ]
[ We note your letter dated [ insert date ] confirming receipt of the preliminary notice. However, we still await confirmation that your professional insurers have been informed of the circumstances of our client’s claim against you. Please also ensure a copy of this letter is provided to them, and confirm to us that this has been done. ]...
Dispute Resolution
PRECEDENTS
Precedent letter of claim against insurance broker for negligent placement/failure to arrange cover, compliant with Pre-Action Protocol for Professional Negligence — England and Wales
[ TO BE PRINTED ON THE CLAIMANT SOLICITORS’ LETTERHEAD ]
Our ref: [ add your file reference for this matter ]
FAO: [ ADD RELEVANT NAME ]
[ NAME OF DEFENDANT BROKER ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]
Dear [ add name ]
[ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
LETTER OF CLAIM
[ We refer to our correspondence dated [ add date of your preliminary notice of claim, if sent ]. That correspondence constituted a preliminary notice of claim under the Pre-Action Protocol for Professional Negligence and sought an acknowledgement by [ add date ]. ]
[ We acknowledge receipt of your letter dated [ add date ] confirming receipt of the preliminary notice. [ Nevertheless, we still await confirmation that your professional insurers have been notified of the circumstances of our client’s claim against you. We also ask that you forward a copy of this letter to them and confirm to us that this has been done...
Dispute Resolution
CHECKLISTS
Defending professional negligence claims: Pre-Action Protocol duties, timelines, responses, causation and Part 36 settlement—defendant checklist (England and Wales)
This Checklist outlines the current position under the Pre-Action Protocol for professional negligence claims (the 'Protocol'). For general guidance on the Protocol, refer to Practice Note: Professional negligence claims—the pre-action protocol. Read this Checklist alongside Practice Note: Professional negligence claims—pre-action protocol—defendant issues. For assistance with starting a professional negligence claim, with a worked hypothetical set of pleadings and a template precedent particulars of claim, which may help a defendant anticipate what they might face, see:
Practice Note: Starting a professional negligence claim—a practical guide
Practice Note: Pleading professional negligence claims—worked hypothetical examples
Precedent: Particulars of claim—professional negligence claim
Professional receiving preliminary notice (professional negligence PAP)
You must acknowledge receipt of the preliminary notice within 21 days. When doing so, consider:
whether any clarification is needed (rare, as the letter need only give notice)?
whether early admissions and/or assistance to the claimant on mitigation would be suitable to limit costs and/or narrow the claim?...
Dispute Resolution
CHECKLISTS
Professional negligence: claimant pre-action checklist and steps under the Pre-Action Protocol (England and Wales)
This checklist outlines the current position under the Pre-Action Protocol for Professional Negligence claims (the ‘Protocol’). For general guidance, see Practice Note: Professional negligence claims—the pre-action protocol. Read alongside Practice Note: Professional negligence claims—pre-action protocol—claimant issues. For further detail on pursuing a professional negligence claim (including a worked hypothetical set of pleadings), see:
Starting a professional negligence claim—a practical guide
Pleading professional negligence claims—worked hypothetical examples
Together with the template Precedent: Particulars of claim—professional negligence claim.
Client’s initial instructions of potential professional negligence claim
Limitation
See Practice Note: Limitation—professional negligence claims. Is a limitation issue pending? If so:
consider issuing protective proceedings
negotiate a standstill agreement
See Practice Note: Professional negligence claims—the pre-action protocol—Limitation and the professional negligence PAP.
Initial investigations
background
basis of claim (in contract, tort, etc)
any obvious difficulties with causation
preliminary view on quantum
need to retain expert evidence now?...
Dispute Resolution
If you expected to see yourself on this page, click here.
