Lucas Fear-Segal

Lucas Fear-Segal’s practice is focussed on insurance, property damage, and professional negligence claims.

The directories have described him as a “formidable intellect” who provides “commanding advocacy” with “absolutely ferocious cross examination skills” and “a keen eye for detail”.

He is named as a Rising Star of the Insurance and Reinsurance Bar by the Legal 500 (2021 and 2022), and ranked as an Up and Coming junior by Chambers UK (2021 and 2022) in both the Insurance and Property Damage categories.

Many of his cases include an international element, and he is regularly instructed in the DIFC and the ADGM Courts.

Expertise

Lucas acts in a range of matters concerning art, cultural property, and luxury assets including:

Recovery and restitution of property following thefts, seizures, insolvencies, etc.
Advising institutions and owners in relation to loans of artwork
Insurance coverage disputes
Claims for damages following the destruction, loss or diminution in value of rare objects

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.

Notable Art, Cultural Property & Luxury Assets cases

Campbell v Campbell

Account following the dissolution of a multi-million US$ international jewellery business (Chancery Division).

Disputed insurance coverage following the theft of a number of gold ingots.

An attribution and authenticity dispute concerning a painting said to be by the Austrian Romantic painter F.R. Unterberger.

Liability for the loss of a collection of gold jewellery and watches.

A dispute about title to a rare 1960s Jaguar car.

Allegedly negligent distribution by a solicitor of a valuable collection of jewellery under a Will.

An ownership dispute concerning an extremely rare coloured diamond.

A dispute as to the value of a collection of rare books.

The accidental destruction of a valuable clock.

Damage to a pair of bespoke chandeliers.

The death of a large group of koi carp fish, many of which were pregnant.

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.

Notable Commercial Dispute Resolution cases

X v Y

Instructed as part of a team of counsel headed by Laurence Rabinowitz QC for the preparation of an arbitration concerning a US$200m grain crop joint venture.

Campbell v Campbell

Account following the dissolution of a multi-million US$ international jewellery business (Chancery Division).

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.

Lucas has a diverse insurance practice, covering a broad range of non-marine risks, both in Court and in Arbitration, in England and abroad. He has particular experience of life and health risks.

He is regularly instructed by insurers in cases where policyholder dishonesty is alleged or suspected.

Lucas also has a niche specie insurance practice (concerning fine art, jeweller’s block, exhibition risks, cash in transit, etc.) which overlaps with his Art and Cultural Property practice.

Lucas is a DIFC advocate, and enjoys working in the Middle East. He is regularly instructed by insurers, reinsurers and retrocessionaires in the DIFC and ADGM Courts.

Notable Insurance & Reinsurance cases

Recovery of insurers’ outlays under the Third Parties (Rights Against Insurers) Act 2010.

Coverage disputes under the Consumer Insurance (Disclosure and Representations) Act 2012.

Insureds’ failures to comply with claims cooperation and notification provisions.

Allegations of misrepresentation and non-disclosure.

The interpretation of policy exclusion clauses in relation to motor, EL, PL, property, and product liability risks.

Representing a Retrocessionaire in a dispute with a Reinsurer in the DIFC Courts (led by Charles Dougherty QC).

Global v Global [2021] ADGMCFI 0005, and continuing

Representing an aircraft hull insurer in a US$60m dispute, soon to be tried in the ADGM Courts (led by Charles Dougherty QC).

Maccaferri Ltd v Zurich Insurance plc [2017] Lloyds Rep IR 200

Notification in public liability insurance (Court of Appeal).

Bluebon Ltd v (1) Ageas (2) Aviva (3) Towergate Underwriting [2017] EWHC 3301 (Comm)

Preliminary issue as to whether an electrical installation inspection stipulation amounted to a true warranty or a suspensive condition (High Court).

Great Lakes Reinsurance UK (SE) v Western Trading Ltd [2016] Lloyd’s Rep I.R. 643

Measure of indemnity following burning of a listed building (Court of Appeal).

X insurer v Y insurer

Acted as sole counsel for the successful party in an arbitration before James Drake QC about which insurer was liable to meet a group of claims made against solicitors over an extended period of time.

X insurers v Y solicitors

In front of Jeffrey Gruder QC, led by Bob Moxon Browne QC. Successfully proved that a pair of solicitors had dishonestly conducted a series of property transactions.

X Medical Malpractice Insurers v Y Public Liability Insurers

Confidential coverage arbitration before Christopher Symons QC 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. Led by Bob Moxon Browne QC for the successful party.

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.

Notable Life & Health cases

Re: X

Representing a premiership footballer in a coverage dispute with his Temporary Total Disablement insurers.

Ms X v Y Insurer

Refusal of £250,000 benefit under a critical illness policy for failure to disclose a family history of disease.

Re: Muhammad Naviede

8 day jury inquest into the light aircraft crash in which the businessman Muhammad Naviede was killed.

Re: Alexander Perepilichnyy and Home Secretary v HM Senior Coroner [2017] 3 All ER 764

Five week Inquest into the sudden death of Russian oligarch and whistleblower Alexander Perepilichnyy in front of the Recorder of London at the Old Bailey. Lucas’ cross examination received significant press coverage.

Re: J QC

Inquest into the death of a well-known barrister on the railway.

Lucas’ Product Liability practice forms a part of his wider Property Damage and Insurance work. He has a particular interest in cases which concern the scope and application of s41 CPA 1987.

Notable Product Liability cases

Advising the manufacturer of an allegedly spermicidal equine lubricant as to the potential scope of its liability.

A&B Engineering v Edmundson Electrical [2021] 4 WLUK 406

Representing an M&E contractor in litigation arising from the Potato Wharf fires.

A fire at a tanning salon, caused by an incendiary sunbed.

Dozens of instructions to represent the manufacturers of white goods which have caught fire or caused floods.

Lucas has a broad professional negligence practice, and has acted in dozens of cases in which serious allegations of wrongdoing or negligence are made against a variety of professionals.

He usually acts for PI insurers. Most of his cases concern solicitors, accountants, brokers, valuers, or construction professionals.

Notable Professional Negligence cases

Wood v X Solicitors (2019) (Sounthampton CC)

Successfully represented D on a preliminary issue, securing the overall dismissal of a claim concerning the allegedly negligent distribution of valuable collection of jewellery under a Will.

Bluebon Ltd v (1) Ageas (2) Aviva (3) Towergate Underwriting [2017] EWHC 3301 (Comm)

Representing brokers, alleged to have failed properly to advise as to the requirements of a policy term, at a preliminary issue trial concerning the construction of an electrical installation inspection stipulation, and whether it amounted to a true warranty or a suspensive condition.

Shepherd v Byrne & Partners LLP [2017] EWHC 758 (Ch)

Claim concerning a criminal solicitor’s duty to give tax advice.

W v Taunton & Somerset NHS Foundation Trust (2017) (HHJ Mithani, Walsall County Court)

Represented D in a negligence claim against a consultant gerontologist. The claim was discontinued halfway through Lucas’ cross examination of C’s expert.

A group of claims against solicitors alleged to have mishandled historic claims under the vibration white finger compensation scheme.

Dozens of instructions from defendants resisting allegations that cavity wall insulation has been improperly or negligently installed.

A group of claims against solicitors said to have failed to advise their clients about stamp duty relief.

An attribution and authenticity dispute concerning a painting said to be by the Austrian Romantic painter F.R. Unterberger.

Insurance brokers alleged to have failed to notify insurers of their client’s changing risk profile.

Solicitors alleged to have inadvertently included an additional portion of land in the sale of part of a landed estate.

Accountants alleged to have negligently compiled financial reports such that an inflated corporation tax liability was incurred.

Construction professionals alleged to have failed properly to survey prior to the installation of an insulation system.

Lucas accepts instructions to advise, draft, and appear in all matters concerning property damage.

He has extensive experience of claims concerning property damage caused by:

Fires: Arson, incendiary electrical faults, bonfire spread and failures to extinguish, kitchen conflagrations, defective partitioning and suppression measures, etc.
Flood: Burst pipes and bad plumbing, faulty boilers, defective architectural design and prevention systems, water run-off from neighbouring properties, etc.
Cavity Wall Insulation: dozens of instructions from defendants resisting allegations that cavity wall insulation has been improperly or negligently installed.
Trees: Ingress of roots requiring superstructure repairs, underpinning, and root-barriers.
Other: Oil leaks, commercial pollution, escapes of animals, inappropriate crop-spraying chemical selection, etc.

Lucas has a particular interest in the legal niceties of property damage claims concerning heritage buildings. Several of his cases have concerned the damage or destruction of listed buildings.

His related insurance and professional negligence practice means that he is ideally placed to advise in cases where questions of policy coverage, or the possibility of a subrogated recovery against a construction or other professional, are anticipated.

Notable Property Damage cases

Bluebon Ltd v (1) Ageas (2) Aviva (3) Towergate Underwriting [2017] EWHC 3301 (Comm)

Preliminary issue trial (High Court).

Great Lakes Reinsurance UK (SE) v Western Trading Ltd [2016] Lloyd’s Rep I.R. 643

Measure of indemnity following burning of a listed building (Court of Appeal).

X v London Borough of Y

£350k claim arising from water damage to a landmark Victorian building in central London.

Privacy Policy

Lucas Fear-Segal Privacy Policy

My contact details:

ICO Reg No: ZA175646
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

racial or ethnic origin;
personal data revealing political opinions;
personal data revealing religious or philosophical beliefs;
personal data revealing trade union membership;
genetic data;
biometric data (where used for identification purposes);
data concerning health;
data concerning a person’s sex life; and
data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

provide legal services to you, my client, including the provision of legal advice and
representation in courts, tribunals, arbitrations, and mediations
keep accounting records and carry out office administration
take or defend legal or regulatory proceedings or to exercise a lien
respond to potential complaints or make complaints
check for potential conflicts of interest in relation to future potential cases
promote and market my services
carry out anti-money laundering and terrorist financing checks
train other barristers and pupils, and when providing work-shadowing opportunities
publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

other professional advisers such as other legal professionals and consultant experts and other witnesses
courts and tribunals
the staff in my Chambers
prosecution authorities
pupils and mini pupils
lay clients
family and associates of the person whose personal information I am processing
in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
other regulatory authorities
current, past or prospective employers
education and examining bodies
business associates, professional advisers and trade bodies, e.g. the Bar Council
professional indemnity insurers or brokers
the general public in relation to the publication of legal judgments and decisions of courts and tribunals
If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
You are able to remove your consent at any time. You can do this by contacting me.
It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

Your right of access – You have the right to ask me for copies of your personal information.
Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

Contact Lucas

"One of the best junior advocates at the insurance Bar. Clients love him."

Legal 500 2023

"He demonstrates an ability to digest swathes of information and present it concisely."

Chambers UK 2023

"He has a mastery of the finer details."

Chambers UK 2023

"Lucas is excellent."

Chambers UK 2022

"An excellent advocate combining a forensic mind with formidable advocacy skills."

Legal 500 2022

Arden Senior Scholarship for pupillage, Gray’s Inn
Lord Justice Holker award for BPTC, Gray’s Inn
Dame Ann Ebsworth award for GDL, Gray’s Inn
QMUL Centre for Commercial Law Studies full scholarship for LLM
Titular Scholarship, Robinson College, Cambridge
Trevelyan prize for History, Robinson College, Cambridge

BPTC (Outstanding), City University
LLM (Distinction), Queen Mary
GDL (Distinction), City University
BA (First Class), Robinson College, Cambridge

“Lucas Fear-Segal shows time and time again that when the pressure is on, he can deliver. His deft handling of particularly knotty insurance issues has really showcased his wide-ranging knowledge.”
“He is excellent. Lucas is very well prepared. He makes everything simple and straightforward.”
“One of the best juniors I have ever worked with, Lucas is simply outstanding and an all-round complete barrister.”
“Lucas Fear-Segal performs every time. Judges love his ability to dissect the complexities of claims into palatable submissions.”
“He inspires unwavering confidence. His sharp analytical skills are matched by his advocacy.”
“Lucas is a highly impressive advocate – he is quick on his feet and has impeccable cross-examination skills.”
Chambers UK 2024

“Impressive. Very good on paper and analysis. Strong advocacy. Very easy to work with.”
Legal 500 2024

“He demonstrates an ability to digest swathes of information and present it concisely.”
“Lucas is incredibly thorough in preparation and drafting and with his advocacy.”
“He has a mastery of the finer details.”
Chambers UK 2023

“One of the best junior advocates at the insurance Bar. Clients love him.”
Legal 500 2023

“Lucas is excellent”
“He is thorough, concise and robust in his drafting”
“His cross-examination skills are excellent”
“He is thorough, concise and robust on paper”
“He’s also an excellent advocate who is well prepared and well informed on the facts”
“His cross-examination skills are excellent and he is able to deal with twists and turns in a case as it unfolds at trial in a most impressive manner”
Chambers UK 2022

“An excellent advocate combining a forensic mind with formidable advocacy skills”
“He cuts straight to the relevant issues and has demonstrated an encyclopaedic knowledge of the area”
Legal 500 2022

“He truly embraces his files, he’s procedurally astute and is not afraid to get his hands dirty”
“He has an excellent grasp of the facts of the case, his advice is always commercial and practical and he is clearly cognisant of the client’s commercial concerns” “He provides very strategic, cost-effective advice and can draft pleadings on the technical aspects of a claim”
“He is an astute and industrious lawyer with a keen eye for detail”
Chambers UK 2021

“Absolutely ferocious cross examination skills”
“Formidable intellect” and “commanding advocacy”
“Extremely diligent, strategic and commercial, he can handle last-minute complex instructions efficiently and with success”
Legal 500 2021

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Expertise

Notable Art, Cultural Property & Luxury Assets cases