DanielBrumpton

Manchester, United Kingdom

4 Testimonials
5 Case studies
1 Articles

Summary

Practice Areas:

  • Professional Negligence
  • Commercial Litigation
  • Dispute resolution
Berg

I specialise in Claimant Professional Negligence work. I have dealt with a vast breadth of claimant professional negligence cases since 2003 ranging from low value to multimillion pounds claims. In particular, I speacilaise in claims against solicitors, surveyors, accountants, barristers, architects, financial advisors and insurance brokers.

By way of example I have successfully brought claims against solicitors when they have failed to (i) undertake the correct searches in a property transaction; (ii) missed limitation dates in litigation; and (iii) gicen poor advice in matrimonial claims.

I have also brought successful claims against surveyors for failing to observe and report on defects to a commercial property and for overvaluing property.

I also regularly act for clients who have received negligent advise from financial advisors arising out of investment advice, pensions advice and insurance advice.

During that time I have developed a unique professional negligence product backed by ATE insurance. I regularly act for indiviudals and businesses. I also deal with a mixture of differently funded cases, from Conditional Fee Arrangement (CFA), Discounted Conditional Fee Arrangement (DCFA), Legal Expenses Insurance (LEI) and privately funded claims.

I also spent two years defending professionals which means I am able to provide solid, reasoned and commercial advice.

I was responsible for managing a previous firm’s national commercial legal expense insurance team whilst also being Lead Partner for Professional Negligence.

 

Previous Employment

DAC Beacroft LLP2004 - 2006

Assistant Solicitor

Irwin Mitchell LLP2006 - 2016

Associate/Partner

Experience

I have undertaken Professional Negligence work since 2003. During that time it has predominantly been claimant work. I have acted in over 600+ cases since I qualified usually from start to finish, guiding my clients through each stage in a clear and concise way. I have acted (and continue to act) for numerous different household insurers who offer BTE insurance. My clients have come to me because I am prepared to fund claims in a number of innovative ways. Such as: Conditional Fee Agreements (CFA), Discounted Conditional Fee Agreements (DCFA) – including Fixed Fee DCFA’s, Fixed Fees and a typical retainer.

I am a hudge advocate of ADR. I regularly attend mediations and other forms of ADR.

I acted for the appellant in the case of Frost v Wake Smith & Tofields [2013] EWCA Civ 1960.

Education

University of Lincoln

University

1994 - 1997

BA Law & Business

LPC

College of Law - York

1997 - 1998

Legal Practice Course

Testimonials

Testimonial

"Good command of the detail of each case." - Chambers & Partners 2013

Testimonial

"Daniel Brumpton is ‘leading the way' in finding innovative funding opportunities for individuals and SMEs in this field" - Legal 500 2014

Testimonial

Daniel Brumpton shows "excellent judgement" - Legal 500 2015

Testimonial

“Sources praise his commercial approach, saying he is "extremely personable, with one eye on getting the solution the client wants in the quickest possible way." - Chambers & Partners 2016

Case Studies

Professional Negligence Claim Against Solicitor – Won at Trial

Content: At a previous firm I successfully acted for Mr and Mrs Beer , against their former solicitors McMIllan Williams (“MW”) for MW’s failure to take a 10% deposit from the potential purchaser of Mr and Mrs Beer’s house and inform the clients of this fact. The prospective purchaser later defaulted on the purchase (despite contracts being exchanged) and Mr and Beer suffered a loss in the region of £200,000 and had to purse MW all the way to trial.  Mr and Mrs Beer were 100% successful at trial.

Professional Negligence Claim Against Surveyor – Settled out of Court

Title: Professional Negligence Claim Against Surveyor – Settled out of Court

 

Content: At a previous firm I acted for a husband and wife against their former surveyor arising out of the purchase of their family home. My clients instructed the surveyor to undertake a full building survey before proceeding with the purchase of the property. The surveyor failed to spot serious defects to the roof of the property and in reliance of the clean bill health my clients’ purchased the property. Shortly afterwards the defects to the property came to light and I was able to assist my clients in claiming against the surveyor for circa £150,000 as my clients’ alleged that the property was not worth the price paid by my clients.

 

Professional Negligence Claim Against a Financial Adviser – Settled out of Court

Content : At a previous firm I acted on behalf of a husband and wife against their former Financial Adviser for misselling a number of financial products to them in 2008 arising out of the Arch Cru funds. My clients alleged that as a result of their IFA’s advice they could (and should) have invested in other products meaning they lost circa £950,000. I was able to successfully settle this for them once a formal Professional Negligence Pre-Action Protocol Letter of Claim had been sent.

Professional Negligence Claim Against an Accountant – Settled out of Court

Content: At a previous firm I acted for a small business owner in respect of his claim against his former accountant for advising him to enter into a tax saving scheme. My client was approached by HMRC who confirmed that the scheme did not save tax and he was responsible for a full tax bill. My client instructed me to pursue a claim for the penalties and interest that had amassed as a result of this  and I was able to settle the claim on my client’s behalf in the protocol stage.

Professional Negligence Claim Against a Solicitor – Settled at Mediation

Title: Professional Negligence Claim Against a Solicitor – Settled at Mediation

 

Content: At a previous firm I acted for an individual who had a claim against her former solicitor for advising her to transfer her property into a trust in order to avoid IHT. My client alleged that this was of no use to her because it simply meant she could not later sell the property if she needed to realise any capital. I was able to secure her a settlement at mediation.

 

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Achievements

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Associations & Memberships

Professional Negligence Lawyers Association - since 2012

Member organisation for all lawyers who specialise in professional negligence claims.