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Neil Moody QC
QC: 2010
Call: 1989
Expertise
Property Damage Product Liability Professional Negligence Insurance Insurance & Reinsurance Personal Injury
Qualifications
MA (Oxon)
Practice Profile
Neil has a broad based practice specialising in property damage, professional negligence, product liability, and insurance claims. Many of his cases arise in the context of construction projects, floods, fires or explosions. In the professional indemnity field Neil acts for and against architects, engineers, accountants, solicitors and insurance brokers. He acted for the successful accountants in the 2006 House of Lords case Haward v Fawcetts. Neil’s insurance and reinsurance practice includes coverage disputes, subrogation issues, non-disclosure, brokers’ negligence, policy construction, and fraudulent and exaggerated claims arising from commercial, domestic and PHI policies. Many of these claims arise in the context of fires. Neil also has longstanding experience of serious personal injury and fatal accident claims.
He is regularly instructed in mediations, adjudications and arbitrations and accepts instructions as an arbitrator.
Neil is recommended in the Chambers and Partners Guide to the Legal Profession as a leading junior in both the professional negligence and personal injury categories. He is also recommended for professional negligence work in the Legal 500 and in the product liability section in Legal Experts. The 2008 Chambers Directory says he is “a reliable and talented advocate”. Previous editions commented on his "friendly attitude and clear thinking", said that he had "earned the respect of the market for his commercial approach" and was "acclaimed by instructing solicitors who feel he can get to grips with the issues and roll his sleeves up".
Neil lives in
Neil has dealt with very many high value claims arising from fires, explosions, floods and subsidence. He has a detailed grasp of the expert evidence required in these often highly technical cases. He has a particular interest in flooding claims. He acted for the successful Claimants in the leading flooding case Bybrook Barn v Kent County Council [2001] CA, the leading modern decision on flood claims. He has been instructed many times in cases arising from fluvial flooding and defective drains or sewers. These include claims for or against public bodies and claims arising in the context of statutory duties and powers.
Current and recent instructions include:
- Wardington v M&L (TCC, 2008) £5m claim arising from fire in historic building
- Fisher v Central Fire (TCC, 2008) claim arising from negligently designed or installed sprinkler system
- Shepherd Neame v EDF (TCC, 2007) fire claim involving escape of fire to neighbouring buildings;
- Pearson v Gurney Consulting Engineers & Ors (TCC, 2007) multi-party action in the TCC arising from the collapse of buildings in Central London during a construction project.
- Triumph Motorcycles v Tor (QB, 2007): ongoing £100m fire claim arising from allegedly defective fuelling and defuelling system at motorcyle factory
- Eads Astrium v Link Microtek (QB 2007): product liability claim arising from damage to a satellite caused during testing
- BASF v Nuway (TCC, 2007) £25m claim arising from gas explosion at a chemical factory.
- Lambeth v Staward (TCC, 2006) £12m claim arising from explosion at a London block of flats.
- Gooch v Basildon (TCC, 2005) claim for damage by tree roots.
Current and recent cases involving floods include:
- Latimer v Carmarthen (QB, 2007): claim for repeated flood damage as a result of increased run-off from neighbouring land;
- Acting for multiple Claimants in Casey v Glamorgan (QB, 2007) a complex action arising from fluvial flooding in South Wales;
- Gray v HVHS (2007) Defending a housing association in a claim arising from flooding to housing as a result of development on neighbouring land;
- Henson v CHA (TCC, 2004) Acted for the main contractors in a building project where pile driving damaged a sewer and caused damage to neighbouring property. Multi-party action with claims under the Civil Liability (Contribution) Act 1978.
- Willmott Dixon v Department of Transport (2004). Acted for the Claimant main contractor whose works were severely damaged by flooding caused by a blockage in a river. Recovery was achieved at a mediation within a year of the flood.
- Defending a claim for flood damage arising as a result of large-scale pumping activities on the Norfolk Broads.
- Acting for the Claimant in a claim for flood damage arising from inadequate highway drains.
- Advising landowners whose property was damaged and crops were lost as a result of extensive flooding of the Severn Estuary as a result of the failure of flood defences.
Many of Neil's property damage cases arise out of allegedly defective products. In addition, current and recent instructions include:
- Rotary Electrical v BOB Stevenson (TCC, 2008) allegedly defective impeller in electrical motor causing substantial damage at a power station;
- Advising a nursery in a claim against purchasers in relation to poor quality seedlings caused by defective compost
- Composite Structures v Castle Lifting (2005) TCC. Acted for Claimant contractors against crane manufacturer in a claim for defective lifting equipment which damaged the works and killed a workman.
- Advising suppliers of paint primers in claim for contaminated goods.
- Advising Claimant merchant bank in a claim against manufacturers and installers of a defective air conditioning system.
- Wilson v St Nicholas Fields (QB, 2008) £12m claim against a health and safety consultant in respect of allegedly negligent health and safety inspections.
- CPP v NuWay (TCC, 2008) allegedly defectively installed gas equipment giving rise to explosion
- Haward v Fawcetts (House of Lords, 2006) With Howard Palmer QC. Accountant’s negligence claim arising from advice on purchase of a company. Neil acted for the accountants throughout this case.
- Jighand v Capita McLarens (2004) (With Jeremy Stuart-Smith QC) Commercial Court proceedings arising from a claim by an insured against a loss adjuster instructed by the insurers for breach of an alleged duty of care owed to the insured.
- Excel Polymers v Achillesmark (QB) (2005) Defended firm of solicitors in High Court proceedings where it was alleged that the writ had been issued outside the limitation period and the solicitors relied on a ‘standstill agreement’. The underlying claim was an action against an insurance broker for obtaining inadequate buildings cover.
- Acted for a farm management consultant in proceedings brought by a firm of accountants against the consultant for a contribution in respect of a claim against the accountants arising from the fraud of their employee.
- Defending a claim against accountants for negligent taxation advice.
- Advising vendors of a company in relation to negligent advice given by accountants in the course of the completion meeting.
- Defending a Bank acting as insurance brokers in a claim arising from the underinsurance of commercial premises.
- Stevens v Gullis (2000) (CA) Acted for Defendant architect. Leading Court of Appeal case on duties of experts.
Current and recent instructions include:
- Ace v Global Teas (Comm Court 2007) (With Jeremy Stuart-Smith QC) £25m fire claim where insurers’ defence was material non-disclosure and breach of warranty.
- Advising PI insurers as to coverage in claims-made policy and whether the claims arose from circumstances notified during period of cover.
- Advising a mortgage provider named on a composite policy of buildings insurance as to whether avoidance against the borrower was valid against the mortgage provider.
- Advising brokers on whether insurers waived their right to avoid or affirmed the policy in claim arising from fire.
- Slater v Norwich Union (QB) (2004) Successful defence on behalf of Norwich Union in claim brought under s151 RTA 1988.
Neil has extensive experience of high value personal injury and fatal accident claims. He has a particular interest in claims arising from brain damage and psychosomatic disorders.
- Singh v Niagara (QB 2007) amputee claim;
- Woolcott v Wilson (QB 2007) claim for disabled claimant in respect of additional injuries sustained in accident
- Jolghazi v Ali (CA 2006) acted for Defendant in claim where both claimants failed to beat the payment into court. One claimant appealed on the grounds that the judge failed to give adequate reasons. The appeal was dismissed.
- Pike v Young (QB, 2006) somataform pain disorder.
- Neil regularly defends claims brought against the Motor Insurers Bureau and was the author of the MIB’s standard form defences.
Notable Cases
Latimer v Carmarthen [2007] QB - flooding
Haward v Fawcetts [2006] HL accountants’ negligence – limitation
Jolghazi v Ali [2006] EWCA Civ 510 - failure of judge to give reasons
Excel Polymers v Achillesmark (2005) QB LTL 15/9/2005 – construction of ‘standstill agreement’ in broker’s negligence case
Gooch v
Slater v Norwich Union [2004] Ll Rep IR 432 (QB) –compulsory RTA insurance
Rahman v UCH (2004) QB LTL 7/6/2004 clinical negligence – abdominal laparoscopy - perforated bowel - causation
Holder v Countrywide Surveyors [2003] PNLR 3 surveyor’s negligence – diminution in value cf cost of repair
Khanna v Somra [2002] EWHC 555
Bybrook Barn v Kent County Council [2001] CA nuisance – flooding – duties of highway authority
Stevens v Gullis [2000] PNLR 229 CA architect’s negligence – leading case on duties of experts
Sandry v Jones [2000] CA – failure of judge to give reasons – retrial ordered
Jude v Elliott Medway [1999] CA – section 33 Limitation Act 1980
Cox Homes v Ideal Homes [1998] CA – trespass – striking out for want of prosecution
Sellen v Bailey [1998] CA – res judicata - estoppel
Additional Information
Recent Lectures and Articles:
- A Little Knowledge is a Dangerous Thing (Professional Negligence Law Review, May 2006)
- Can I Step Into Your Shoes? The Limits of Subrogation (2005)
- Getting it off Your Chest: Material Non-Disclosure and North Star (2006)
- 21st Century Nuisance: Flooding Claims (2006)
- The High and Low Water Marks of Flooding Claims (2007)
- Opening the Floodgates (2007)
- Act of God or Can the Law Help? (Times, Oct 2007)(flooding)
Affiliations:
- Professional Negligence Bar Association
- London Common Law and Commercial Bar Association
- Combar
- Tecbar
- Personal Injury Bar Association
- Western Circuit
