NEIL MOODY QC

Silk: 2010  Call: 1989

Neil specialises in product liability, property damage, professional indemnity, insurance and reinsurance and construction claims.

He has been involved in a succession of high-profile cases, usually instructed by large insurers. Many of Neil’s cases arise from major construction or utilities projects, or in the context of fires, floods and explosions. He is particularly well regarded for his grasp of technical evidence, his commercial approach and his courtroom skill.

Neil has been ranked in the legal directories for many years and is now recommended as a leading Silk. His approach is described in Chambers UK as “thoroughness, persuasiveness and effectiveness”.

  • Construction & Property Damage

    • Neil deals with high value claims usually arising from construction or utilities projects, fires, explosions, floods and subsidence. He has an excellent grasp of the expert evidence required in these often highly technical cases.

      Current and recent instructions include:

      • Advising insurers in a subrogated £25m claim for fire damage caused by construction works; issues as to causation, quantum and CAR policy coverage;
      • Advising insurers in defence of claim for extensive fire damage caused by construction works where fire spread to neighbouring properties;
      • Advising main contractor in claim arising from partial collapse of school building; economic loss; complex structure theory;
      • Defence of claim arising from disastrous fire on plastic extrusion line; fire allegedly caused by defectively designed and installed control system;
      • Advising major electrical utility in action arising from fire allegedly caused by defect in supply side equipment; issues as to scope of duty of care and statutory regulations; electrical engineering issues;
      • Advising gas utility as to liability for extensive property damage caused by major gas explosion; scope of duty to inspect and maintain gas pipelines;
      • Advising occupiers in respect of extensive flood damage caused by negligent operation of water utility’s pumping station;
      • Advising major industrial corporation in respect of extensive damage caused to power station infrastructure as a result of poor upgrading works; electrical engineering issues;
      • Advising householder as to claim for noise nuisance caused by nearby pumping station;
      • Advising fire extinguisher manufacturer in respect of claim for extensive damage to a church arising from use of fire extinguishers but caused by vandals; causation; novus actus; Chubb Fire v Vicar of Spalding [2010] EWCA Civ 981; 
      • Advising supplier of submersible pump in successful defence of action arising from major fire in a Birmingham shopping centre; jurisdiction and conflicts of law issues: Hi-Lite v Wolseley [2009] EWHC 3075 (QB); [2011] EWHC 2153 (TCC);
      • Advising multiple claimants in successful claim for flood damage arising from negligently operated reservoir; Rylands v Fletcher; statutory duties and powers; expert hydrology evidence: Cordin v Newport [2009] EWHC (TCC);
      • Advising main contractor in claim against sub-contractor arising from defective soils stabilisation works in connection with construction of large warehouse; geotechnical engineering issues;
      • Advising main contractor in multi-party action arising from large fire on construction site; spread of fire to neighbouring premises;
      • £100m fire claim arising from allegedly defective fuelling and defuelling system at motorcycle factory; advising designers of the system.

  • Commercial Dispute Resolution

    • Neil acts in many high-profile claims arising from defective industrial and consumer products, foodstuffs and pharmaceuticals.

      Current and recent instructions include:

      • Advising manufacturers of complex electroplating equipment in relation to £20m claim arising from devastating fire allegedly caused by defects in the equipment; sale of goods; causation; applicability of regulations;
      • Advising manufacturers of sophisticated ink jet technology in pursuit of claim arising from defective ink;
      • Advising manufacturers of potato fertilisers in defence of claim for poor crop yields;
      • Advising supplier of foodstuffs in claim arising from importation of ingredients contaminated with salmonella; related proceedings overseas; jurisdiction and conflict of laws issues;
      • Advising supplier of submersible pump in successful defence of action arising from major fire in a Birmingham shopping centre; jurisdiction and conflicts of law issues: Hi-Lite v Wolseley [2009] EWHC 3075 (QB); [2011] EWHC 2153 (TCC);
      • Successful defence of claim arising from devastating explosion in Oxford Streetcaused by defective gas equipment and poor maintenance: Coal Pension Properties v Nu-Way [2009] EWHC 824 (TCC);
      • Advising high-profile motorcycle manufacturers in relation to serious accident caused by allegedly defectively cast components;
      • Advising manufacturer of gas equipment in defence of £25m claim arising from disastrous explosion and fire in a factory;
      • Pursuit of successful claim in respect of defective gypsum which caused excessive lead content in mushrooms sold in major supermarkets;
      • Advising manufacturer of satellite components in major product liability claim arising from damage to a satellite caused during testing;

  • Professional Negligence

    • In the professional indemnity field, Neil acts in major claims for and against architects, consulting engineers, solicitors and insurance brokers. He also has extensive experience of actions by lenders and property owners against surveyors. Since taking Silk he has also been instructed to undertake QC determinations in disputes between professionals and their PI insurers.

      Current and recent instructions include:

      • £60m multi-party action arising from major construction project; delay claim brought against consulting engineers and construction management professionals; claim for sterilised equity; advising the consulting engineers;
      • Advising main contractor in multi-party claim arising from defective design and installation of gas supply system in new apartment blocks; significant delay claim;
      • £7m claim arising from subsidence of shopping centre built on landfill; acting for consulting engineers; geotechnical engineering evidence;
      • QC determinations between surveyors and PI insurers arising from the defence of claims brought by lenders;
      • Multi-party action arising from major fire in Manchester apartment block; claims against architects and electrical engineers; fire allegedly exacerbated by defective fire stopping and novel cavity construction; issues as to spread of fire and compliance with Building Regulations; advising the developers; electrical engineering evidence;
      • Complex claim arising from defective design and construction of multi-storey timber framed building; advising the main contractor;
      • £12m claim against a health and safety consultant in respect of allegedly negligent health and safety inspections.

  • Insurance & Reinsurance

    • Neil’s insurance and reinsurance practice includes coverage disputes, subrogation issues, non-disclosure, broker’s negligence, policy construction, fraudulent and exaggerated claims. Instructions include:  

      • Advising as to coverage of CAR policy in £23m claim arising from fire during construction project;
      • Advising brokers in action brought by insured in respect of inadequate political risks cover arising from trading inCuba;
      • Advising claimant insured in action against insurers for wrongful avoidance; claim for damages in excess of the indemnity; applicability of rule in Sprung;
      • Advising insurers in £25m fire claim for indemnity under fire policy where insurers allege material non-disclosure and breach of warranty;
      • Successful pursuit by insurers of subrogated claim under Third Party Rights Against Insurers Act 1930 in action arising from claimant’s liability for a fire; arbitration clause; effect of ICOB; William McIlroy v Quinn Insurance [2011] EWCA Civ 825, [2010] EWHC 244;
      • Advising insurers in respect of liability for multiple claims under passenger protection policy arising from cancellation of cruises:  All Leisure Holidays Ltd v Europaische Reiseversicherung [2011] EWHC 2629 (Comm);
      • Advising policyholder in relation to claim for an indemnity on fire policy where insurers have alleged fraud;
      • Advising a major firm of City solicitors as to coverage for negligence claims in claims-made policies; 
      • Advising insurers as to double insurance and equitable contribution where two policies may respond to claim in respect of defective design and installation of office block pipework;
      • Advising insurers as to material non-disclosure, breach of warranty, effect of ICOBS in claim arising from large fire;
      • Advising partners of a firm of solicitors as to allegation of material non-disclosure in PHI policy taken out by the partners;
      • Advising insurers as to coverage in a crime and civil liability policy taken out by a building society and arising from mortgage fraud;
      • Advising policyholder in relation to claim for an indemnity on fire policy where insurers have alleged fraud;
      • Advising a major firm of City solicitors as to coverage for negligence claims in claims-made policies; 
      • Advising RTA insurers and the MIB on compulsory insurance points.

  • Product Liability

    • Neil acts in many high-profile claims arising from defective industrial and consumer products, foodstuffs and pharmaceuticals.

      Current and recent instructions include:

      • Advising manufacturers of complex electroplating equipment in relation to £20m claim arising from devastating fire allegedly caused by defects in the equipment; sale of goods; causation; applicability of regulations;
      • Advising manufacturers of sophisticated ink jet technology in pursuit of claim arising from defective ink;
      • Advising manufacturers of potato fertilisers in defence of claim for poor crop yields;
      • Advising supplier of foodstuffs in claim arising from importation of ingredients contaminated with salmonella; related proceedings overseas; jurisdiction and conflict of laws issues;
      • Advising supplier of submersible pump in successful defence of action arising from major fire in a Birmingham shopping centre; jurisdiction and conflicts of law issues: Hi-Lite v Wolseley [2009] EWHC 3075 (QB); [2011] EWHC 2153 (TCC);
      • Successful defence of claim arising from devastating explosion in Oxford Streetcaused by defective gas equipment and poor maintenance: Coal Pension Properties v Nu-Way [2009] EWHC 824 (TCC);
      • Advising high-profile motorcycle manufacturers in relation to serious accident caused by allegedly defectively cast components;
      • Advising manufacturer of gas equipment in defence of £25m claim arising from disastrous explosion and fire in a factory;
      • Pursuit of successful claim in respect of defective gypsum which caused excessive lead content in mushrooms sold in major supermarkets;
      • Advising manufacturer of satellite components in major product liability claim arising from damage to a satellite caused during testing.

  • What the directories say

    • "Understands his clients and their needs better than most" Chambers UK 2012

      " a genuine joy to work with and someone you want on your team"  Chambers UK 2012

      “thoroughness, persuasiveness and effectiveness”. CHambers UK 2012

       “He has just taken Silk and is building on the outstanding practice he developed as a Junior.  His work includes a variety of interesting and complex claims, and he is appreciated for his direct approach." Chambers UK 2011

      "he doesn’t give me long-winded woolly opinions", “charming but determined” (Chambers UK 2011)

      “absolutely first rate” (Legal 500, 2011)

      a ''good all round performer'' (Chambers UK 2010)

       

  • Significant Cases

    • William McIlroy v Quinn Insurance [2011] EWCA Civ 825, [2010] EWHC 244; insurance / property damage; successful pursuit by insurers of subrogated claim under Third Party Rights Against Insurers Act 1930 in action arising from claimant’s liability for a fire; arbitration clause; effect of ICOB;

      Hi-Lite v Wolseley & DAB Pumps [2011] EWHC 2153 (TCC): product liability / fire; jurisdiction and conflicts of law; successful defence of action arising from major fire in aBirmingham shopping centre;

      Chubb Fire v Vicar of Spalding [2010] EWCA Civ 981 successful defence for fire extinguisher manufacturer in claim for extensive damage to a church arising from use of fire extinguishers but caused by vandals; causation; novus actus;

      All Leisure Holidays Ltd v Europaische Reiseversicherung [2011] EWHC 2629 (Comm); insurance/ reinsurance; liability of insurers for multiple claims under passenger protection policy arising from cancellation of cruises; 

      Coal Pension Properties v Nu-Way [2009] EWHC 824 (TCC): product liability/ explosion: successful defence of claim arising from devastating explosion in Oxford Street caused by defective gas equipment and poor maintenance;

      Cordin v Newport [2009] EWHC (TCC); nuisance / Rylands v Fletcher / flooding: successful claim on behalf of multiple claimants for flood damage arising from negligently managed reservoir;

      Hi-Lite v Wolseley [2009] EWHC 3075 (QB); fire / abuse of process / res judicata; successful defence of allegations of abuse of process.

      Also:

      Haward v Fawcetts [2006] UKHL accountant’s negligence/ limitation; claim arising from advice on purchase of a company; Neil acted for the successful accountants throughout this case; leading case on limitation in professional negligence claims;

      Bybrook Barn v Kent County Council [2001] BLR 55; successful pursuit of major flood claim; leading case on nuisance by flooding.

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