Photo of Lucas Fear-Segal

Lucas Fear-Segal

Call 2014

+44 (0)20 7822 1200

Practice Overview

Lucas practises in all of chambers’ core areas, with a particular emphasis on insurance, property damage, and professional negligence disputes.

He has recently been briefed by Insurers in a number of important cases, including:

  • Great Lakes Reinsurance UK (SE) v Western Trading Ltd [2016] EWCA 1003 [2016] Lloyd’s Rep I.R. 643 – Leading Court of Appeal authority on the measure of indemnity where the destruction of an insured building has led to an increase in the value of land and there is a real prospect that the insured will not spend the insurance money on reinstatement.
  • Maccaferri Ltd v Zurich Insurance plc [2016] EWCA Civ 1302 – Leading Court of Appeal authority on notification clauses in public liability insurance.
  • Re: Perepilichnyy (deceased) and Secretary of State for the Home Department v HM Senior Coroner for Surrey [2016] EWHC 3001 (Admin) – Representing Life Insurers at the ongoing inquest into the sudden death of Alexander Perepilichnyy, the Russian oligarch and whistleblower.  Also appeared in the satellite High Court proceedings concerning the Home Secretary’s unprecedented claim for a declaration of public interest immunity against an order that MI5 disclose documents to the Senior Coroner.
  • Re: Naviede (deceased) – Represented Life Insurers at the 8 day Jury Inquest into the light aircraft crash in which Muhammad Naviede, the well known businessman, was killed.
  • X Medical Malpractice Insurers v Y Public Liability Insurers – Confidential arbitration concerning whether a group of claims made by victims of sexual assaults by a doctor should be considered under the surgery’s medical malpractice insurance, or by its public liability insurer.

Lucas has trial and witness-handling experience well beyond his Call.  He has cross examined dozens of witnesses, expert and lay, in front of judges, coroners, arbitrators, and juries.  He is adept at dealing with highly technical evidence, and is in his element when arguing cases that require the courteous but determined resolution of difficult conflicts of evidence.

A summary of Lucas’ practice across chambers’ discrete areas of expertise can be found below.

Insurance & Reinsurance

Lucas advises on all aspects of non-marine insurance including breach of warranty, breach of condition, coverage, misrepresentation/non-disclosure, insurable interest, and subrogation.

He is regularly briefed by Insurers to appear in high value litigation and arbitrations.

His recent appearances include:

 

  • Maccaferri Ltd v Zurich Insurance plc [2016] EWCA Civ 1302 (Court of Appeal: notification in public liability insurance)
  • Great Lakes Reinsurance UK (SE) v Western Trading Ltd [2016] EWCA 1003 [2016] Lloyd’s Rep I.R. 643 (Court of Appeal: measure of indemnity following burning of a listed building)
  • Maccaferri Ltd v Zurich Insurance Plc [2015] EWHC 1708 (Comm), [2015] Lloyd’s Rep I.R. 594 (High Court: notification in public liability insurance)
  • X Medical Malpractice Insurers v Y Public Liability Insurers(Confidential Arbitration concerning coverage issues)

He has a particular interest in life and health risks, and often attends inquests on behalf of Life Insurers.  His recent high profile cases include:

  • Inquest touching and concerning the death of Muhammad Naviede (8 day jury inquest)
  • Inquest touching and concerning the death of Alexander Perepilichnyy (Ongoing – currently listed for three week hearing)
  • Inquest touching and concerning the death of John Jones QC (death of a well known barrister on railway)
Life and Health Insurance

Lucas’s insurance practice has a particular focus on life and health risks.

In addition to his advisory work, which is principally focussed on policy response issues, he often attends inquests on behalf of Life Insurers following the death of a policyholder. Recent high profile cases include:

  • Re: Muhammad Naviede. 8 day jury inquest into the light aircraft crash in which the businessman Muhammad Naviede was killed
  • Re: Alexander Perepilichnyy. Inquest into the sudden death of Russian oligarch and whistleblower Alexander Perepilichnyy. Ongoing – currently listed for three week hearing in front of the Recorder of London at the Old Bailey.
  • Re: J QC.  Inquest into the death of a well-known barrister on the railway.
Property Damage

Lucas accepts instructions to advise, draft, and appear in all matters concerning property damage. He usually acts for insurers.

He has extensive experience of claims concerning damage caused by floods, fires, escapes of oil, ingress of tree roots, and the explosion of seemingly benign household appliances.

Professional Negligence

Lucas accepts instructions to advise, draft, and appear in all matters concerning professional negligence.

He has pleaded dozens of cases in which serious allegations of wrongdoing or negligence are made against a variety of professionals. He has particular knowledge of claims against auctioneers.

Commercial Dispute Resolution

Lucas is briefed as sole or junior counsel in a range of commercial and contractual disputes.  He also regularly advises and appears in insolvency matters.

Representative recent cases include:

Proving at trial that a “finder’s fee” received by the claimant’s agent amounted to a bribe, and was held on trust for the claimant as principal.

  • Successfully defending at trial, as sole counsel, a well-known firm of solicitors against a claim by a referral agency for substantial unpaid fees, relying on s13 SOGSA 1982.
  • Striking out a claim made by the famous £27m ‘boiler room’ fraudster Tomas Wilmot against one of his former business associates.
  • Numerous instructions to represent the leading insurance-backed tenancy deposit protection scheme at trials concerning claims under contractual indemnity clauses, and to set aside adjudication awards.
  • Briefed (as third junior) in the preparation of a €25 million international commercial arbitration for final hearing.
  • The English Electric Company Ltd v Alstom UK Ltd [2015] EWHC 294 (QB); trial concerning the construction of an indemnity clause, and the extent to which ultimate responsibility for an historic asbestos claim could be passed up a chain of company sale and purchase agreements, assisting Stuart Benzie.
Personal Injury

Lucas has broad experience of personal injury and clinical negligence claims.  He is regularly instructed to draft pleadings, and to appear at trials and interlocutory hearings.

In addition to his practice as sole counsel, Lucas has also assisted in wide variety of high-value claims arising from alleged clinical negligence, pharmaceutical dispensing errors, accidents with farmyard equipment, and vehicle collisions.

Art & Cultural Property

Lucas accepts instructions to advise and act in a range of matters concerning art and cultural property, including:

  • Auctioneer negligence.
  • Title and authenticity disputes.
  • Recovery of property.
  • Art, musical instrument, and jewellery loan and consignment agreements.

Lucas has particular recent experience of a dispute concerning an extremely rare coloured diamond worth in excess of $1 million US.

In early 2016 Lucas was seconded to the Restitution Department of Sotheby’s, which identifies and deals with potential claims to artworks looted by the Nazis during the Third Reich.