Experience
Malcolm has over ten years' experience of dealing with claims against professionals and advising insurers in relation to policy cover. He deals with a wide-range of disputes including many complex and technical issues and a number of multi-million pound claims.
He regularly defends professional negligence claims against a wide variety of construction professionals, such as architects and engineers, as well as solicitors, accountants and brokers. Malcolm recently acted for a firm of structural engineers in relation to a £30m dispute arising from the allegedly negligent design of the hardstanding area external to a warehouse for a well-known builders' merchant.
A significant part of Malcolm's work includes advising insurers in relation to matters of insurance policy coverage, including the scope of cover available and issues such as notification, aggregation and fraud.
Malcolm also acts for directors and company officers, defending claims arising from alleged breaches of duty.
Testimonials
‘Malcolm Rogers seems to know the civil procedure rules and law generally off by heart. Can’t give a bigger compliment to his technical knowledge. Great with clients too.’ Legal 500 2021
Recent Cases
In NDH Properties Limited v Lupton Fawcett LLP [2020] EWHC 3056 (Ch) Malcolm acted for the successful Defendant, defending a claim by a company which had taken out what was said to have been a disadvantageous loan. The Claimant did not make out its case that the Defendant had entered into an implied retainer or that it had owed a duty of care to advise it.
In UK Acorn Finance Limited v Markel (UK) Limited [2020] EWHC 922 (Comm) Malcolm acted for the insurer in connection with a multi-million pound insurance coverage dispute arising out of an unintentional non-disclosure clause in professional indemnity insurance policies issued to a surveyors' business. The key question was the relevant standard to be applied by the insurer in exercising its contractual decision making powers.
Publications
- When can the court infer professional negligence in construction disputes?
- Solicitors successfully defend alleged novel duty to warn non-client
- Professional negligence adjudication – the dream becomes reality?
- Controlling social media use – an uphill struggle? In Zurich's Solicitors @ Risk 2017/18
- Adjudications: quick answers more important than right answers
- Quicker and cheaper dispute resolution - a dream come true?