Clare’s practice encompasses the following main areas: professional liability, disciplinary, insurance and commercial litigation. At the cross over of her insurance and professional liability work come cases involving professional indemnity policies. Clare has advised both insurers and insureds on a variety of issues including policy interpretation, non-disclosure and fraud. Clare believes in taking a tough but commercial approach to litigation and relishes advocacy in all its forms.
Notable cases include:
- Matthew v Sedman [2021] 2 WLR 1232: Supreme Court decision (Clare leading Nicholas Broomfield) regarding the calculation of the limitation period when the cause of action accrues at the stroke of midnight.
- FCA v Arch Insurance [2021] AC 649: Supreme Court decision regarding the recoverability of business interruption losses arising out of the COVID-19 pandemic.
- Allsop v Banner Jones Ltd [2021] 4 All ER 397: Court of Appeal decision considering the law of collateral attack.
- De Sena v Notaro [2020] EWHC 1031: Clare (leading Hannah Daly) acted for accountants who succeeded in dismissing a multimillion pound claim following a three week trial.
- Jenkins v JCP Solicitors [2019] PNLR 21: decision on the substitution of parties for the purposes of CPR 19.5.
- Avondale Exhibitions Ltd v Arthur J Gallagher Insurance Brokers Limited [2019] Lloyd’s Rep IR 104: successful defence of a claim against a broker for failure to disclose material facts to insurers.
- Costain v Tarmac Holdings Limited [2017] 1 Lloyd’s Rep 331: decision on the existence, and application, of an arbitration agreement in a construction contract;
- Impact Funding v Barrington [2017] AC 73: Supreme Court decision on the interpretation of the trade debts exclusion in professional indemnity policies; and
- Employers Liability Trigger Litigation [2012] 1 WLR 867: Supreme Court case concerning the proper interpretation of certain employers’ liability policies in mesothelioma cases.
