Steven O'Sullivan

Senior Associate

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.

Contributed to

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Professional negligence claims—pre-action protocol—claimant issues

Practice Notes

This Practice Note considers some of the specific issues that arise for claimants in adhering to the Pre-Action Protocol for Professional Negligence claims, including initial investigations, timing and tactical issues of the letter of claim and preliminary notice and consideration of the professional’s response.

Dispute Resolution

Professional negligence claims—pre-action protocol—defendant issues

Practice Notes

This Practice Note considers some of the specific issues that arise for defendants in adhering to the Pre-Action Protocol for Professional Negligence claims, including protocol compliance, analysis of the letter of claim and the drafting of the professional’s response.

Dispute Resolution

Professional negligence claims—the pre-action protocol

Practice Notes

This Practice Note on the Pre-Action Protocol for Professional Negligence considers its application, aims, non-compliance and the relationship between limitation and Protocol and identifies for both claimants and defendants the Protocol’s key requirements of preliminary notice, letter of claim, acknowledgement, letter of response and the subsequent commencement of proceedings as well as the exchange of information between the parties, experts, ADR and the stocktake provision.

Dispute Resolution

Letter of claim—against a broker for breach of contract and, or alternatively, negligence in arranging or

Precedents

This Precedent is a draft letter of claim, as required by the Pre-Action Protocol for Professional Negligence, for use by a claimant in prospective professional negligence proceedings against an insurance broker for breach of contract and, or alternatively, negligence in arranging or failing to arrange insurance cover. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Dispute Resolution

Letter of claim—against a surveyor for breach of contract and, or alternatively, negligence in producing

Precedents

This Precedent is a draft letter of claim, as required by the Pre-Action Protocol for Professional Negligence, for use by a claimant lending institution in prospective professional negligence proceedings against a surveyor for breach of contract and, or alternatively, negligence in carrying out a valuation. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Dispute Resolution

Letter of claim—negligent misstatement by accountant

Precedents

This Precedent is a draft letter of claim, as required by the Pre-Action Protocol for Professional Negligence, for use in a claim for damages for negligent misstatement arising out of an accountant’s negligent statements in relation to a company in which your client made investment in reliance on the negligent misstatement. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Dispute Resolution

Letter of claim—nuisance (chemical contamination)

Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant seeking to bring a claim for damages and an injunction in respect of damage caused by chemical contamination on the basis of Rylands v Fletcher nuisance.

Property Disputes

Letter of claim—nuisance (flood)

Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant seeking to bring a claim for an injunction and damages in negligence and/or nuisance, following a flood.

Property Disputes

Professional negligence claims—claimant steps—checklist

Checklists

This Checklist on the Pre-Action Protocol for Professional Negligence claims summarises the key steps a prospective claimant should address when considering bringing a claim in professional negligence to ensure appropriate pre-action conduct and compliance.

Dispute Resolution

Professional negligence claims—defendant steps—checklist

Checklists

This Checklist on the Pre-Action Protocol for Professional Negligence claims summarises the key steps a defendant professional faced with a prospective claim in negligence should address when considering defending the claim, so as to ensure appropriate pre-action conduct and compliance.

Dispute Resolution