Barrister Profile

Overview

Alison is a specialist in commercial litigation. She has particular expertise in insurance and reinsurance, professional negligence claims, professional disciplinary proceedings and equality and human rights law.

Alison is ranked as a Leading Junior in Insurance and Reinsurance by Chambers UK 2012, which describes her as 'conscientious, highly thorough and detailed', and by Legal 500 2011, which says that her ‘client care skills are second to none’.

Alison's recent work includes a wide range of insurance claims, both on her own and with Colin Edelman QC and Colin Wynter QC, including claims arising out of mortgage fraud and claims raising issues of notification/failure to comply with conditions precedent, misrepresentation and non-disclosure, and construction of policy wording including aggregation clauses.  She has also been involved in litigation involving claims by major legal expenses insurers against panel solicitors for breach of terms of business/coverholders' agreement.

Alison's recent court work includes a two-week Commercial Court insurance trial with Colin Wynter QC (Synergy Health (UK) Ltd v CGU Insurance plc & Ors [2011] Lloyd's Rep IR 500, a three-week Commercial Court trial (Kamidan v Holt and Others [2009] Lloyd's Rep IR 242, which involved a claim against Lloyd's underwriters and claims in bailment against the curators of a Fabergé exhibition in the United States), and regular appearances before the Bar Disciplinary Tribunal and in the Employment Tribunal.

Alison is the author of Insurance Claims (Bloomsbury Professional, 2nd edition, 2007; 3rd edition due in 2012), a specialist text on insurance law, and of the Insurance title in Atkin's Court Forms (Butterworths, 2009).

"Alison Padfield's book ... has admirably combined brevity with clarity of exposition ... an excellent book"  - from a review by Professor Robert Merkin of the first edition of Insurance Claims in the Journal of Business Law in September 2004

Alison is an elected member of the Executive Committee of the Commercial Bar Association (COMBAR) and an elected member of the Bar Council 2012.  Alison is Chairman of the Bar Conference 2012.

Alison is on Twitter (@alisonpadfield).

Detailed Practice Profile

Alison has substantial experience of insurance and reinsurance work for both underwriters and insureds across a wide range of types of insurance and reinsurance business including casualty, fire and commercial all risks insurance, construction insurance including contractors' all risks (CAR) policies, motor vehicle insurance, public liability policies, products liability insurance, employers' liability insurance, professional indemnity insurance, legal expenses insurance, accident, life, permanent health (PHI) and critical illness insurance.  She advises and represents clients in relation to all aspects of insurance claims including the construction of insurance policy wordings, breach of warranties and conditions precedent, the duty of good faith including avoidance for non-disclosure and misrepresentation and claims under the Third Parties (Rights Against Insurers) Act 1930.

Click here for a copy of Alison's recent article in the Commercial Litigation Journal on before the event legal expenses insurance; and here for her recent article with Sophie Belgrove in ELA Briefing on potential restrictions on the dismissal of employees who are in receipt of benefits under group PHI policies.

Alison's advice is often sought on the insurance aspects of complex personal injury claims. Her recent publications include an article on Company insolvency and claims for personal injuries and an article in the New Law Journal on the new Third Parties (Rights Against Insurers) Act 2010 (not yet in force).

Alison has extensive experience of bringing and defending professional negligence claims involving a wide range of professional and other specialist advisers including insurance brokers, solicitors, barristers, accountants, valuers and surveyors, architects and structural engineers, independent financial advisers and agricultural advisers. Her notable cases include Lopes v Bird & Bird (2004) Lawtel (with Colin Edelman QC - a successful application to strike out and for summary judgment in a multi million pound solicitors' negligence action) and Power Magnetics v A&J [2002] EWHC 2912 (TCC) (the successful defence of a negligence action against structural engineers, with indemnity costs).

Click here for a copy of Alison's recent article in the New Law Journal on the Court of Appeal judgment in Scullion v Bank of Scotland (t/a Colleys), which considered whether valuers owe a duty of care in negligence to buy-to-let borrowers, and the extent of that duty (the Court of Appeal decision is not the final word on this subject: in November 2011, the Supreme Court granted permission to appeal).

Click here for a copy of Alison's recent seminar paper on Handling Conflicts of Interest between Insured and Insurer -- the Lawyer's Dilemma.

Alison's work in the field of commercial litigation is wide-ranging, including drafting proceedings for damages for breach of commercial agreements, such as contracts for the sale of goods or supply of services, or representing clients in mediations or arbitrations. She acts in partnership and LLP disputes in the High Court and in arbitration proceedings, and claims involving directors' duties. Alison has acted in numerous claims involving the Commercial Agents regulations.  She has also been involved in cases as diverse as a dispute involving ownership of vintage photographs purchased for an investment fund, and a claim for mis-selling against a specialist energy consultancy.

Alison has extensive experience of equality and human rights law including discrimination on grounds of sex, race, disability, sexual orientation, religion and belief and age.  She acted for the Metropolitan Police in Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763 (definition of 'disability' for the purposes of the Disability Discrimination Act 1995);  with Tom Linden QC, in the high-profile race discrimination claim brought by Assistant Commissioner Tarique Ghaffur;  and, with Rabinder Singh QC, in the successful defence of the high-profile race discrimination claim brought by Commander Shabir Hussain. She has also acted in cases involving allegations of discrimination against qualifying bodies.

Alison worked for the European Court of Human Rights in Strasbourg for a year and has particular expertise in EU and human rights law.

Alison is a member of the Bar Standards Board panel of prosecutors for professional disciplinary matters and appears before Disciplinary Tribunals of the Council of the Inns of Court and on appeal to the Visitors to the Inns of Court, and in related judicial review proceedings. She has also advised in relation to solicitors' conduct issues, including the SRA Code of Conduct 2011.

Notable Cases

• Synergy Health (UK) Ltd v CGU Insurance plc & Ors [2010] EWHC 2583 (Comm), [2010] All ER (D) 168 (Oct) - high-value insurance (fire) claim raising issues of misrepresentation, non-disclosure and waiver
• Wood v The Heart Hospital Ltd [2009] BPIR 1538, ChD - impact of potential claim under Third Parties (Rights Against Insurers) Act 1930 on distribution of funds held by CVA supervisor
• Kamidan v Holt and Others [2008] EWHC 1483 (Comm), [2009] Lloyd's Rep IR 242 - claim against Lloyd's underwriters and claims in bailment against the curators of a Fabergé exhibition in the United States
• Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, EAT - definition of 'disability' for the purposes of the Disability Discrimination Act 1995
• LTE Scientific Ltd v Thomas [2004] EWCA Civ 1622 - circumstances in which appellate court may interfere with case management decision
• Lopes v Bird & Bird (2004) Lawtel (with Colin Edelman QC) - successful application to strike out/for summary judgment in multi million pound solicitors' negligence action
• Power Magnetics v A&J [2002] EWHC 2912, TCC - successful defence of professional negligence action against structural engineers, with indemnity costs
• Redbridge Borough Council v Municipal Mutual Insurance Ltd [2001] Lloyd's Rep IR 545, ComCt (with Colin Edelman QC)

• Perks v Clark [2001] 1 WLR 17, CA (with Timothy Brennan QC)

Publications

Insurance Claims (2nd edition, 2007, Bloomsbury Professional; 3rd edition due in 2012)

Contributor to Insurance Law - An Introduction (2007, Informa)

Atkin's Court Forms Insurance (2009) and Contempt of Court (2009)

Contributing Editor to the Green Book (The Civil Court Practice) (Butterworths) since 2001

Articles include:

Reversal of fortune - existence/extent of valuers' duty of care in negligence to buy-to-let borrowers (New Law Journal, 2011)

Dismissing employees with PHI benefits: a step too far? with Sophie Belgrove (ELA Briefing, 2011)

Insurance: just in case - freedom to choose a lawyer under a policy of BTE legal expenses insurance (The Commercial Litigation Journal, 2011)

Review of the Year - Top 5 Insurance Cases of 2010 with Colin Wynter QC (2010)

Three's company - Third party claims against insurers - Third Parties (Rights Against Insurers) Act 2010 (New Law Journal, 2010)

Company insolvency and claims for personal injuries (Journal of Personal Injury Law, 2010)

The eternal triangle: liability insurers, insureds and third parties (Insurance and Reinsurance Law Briefing, 2005)

Is there a role for the concept of the ‘real’ claimant in a subrogated claim? (Insurance and Reinsurance Law Briefing, 2003)

Webinars and podcasts

Alison has appeared as an expert commentator in a programme for Legal Network Television on the Third Parties (Rights Against Insurers) Act 2010. She also recently took part in a webinar for LexisNexis with Simon Kilgour of Reynolds Porter Chamberlain on the 1930 and 2010 Acts.

Alison has also recorded podcasts for CPDCast about conflicts of interest in professional indemnity insurance and the right to choose a lawyer under legal expenses insurance policies, and about sex discrimination in insurance following the decision of the European Court of Justice in the Test-Achats case.

Appointments

Alison is an elected member of the Bar Council 2012 and Chairman of the Bar Conference 2012. She was Vice-Chairman of the Bar Conference 2011 and a member of the Organising Board for the 2007, 2008 and 2009 Bar Conferences.

Alison is an elected member of the Executive Committee of the Commercial Bar Association (COMBAR). She was previously an elected member from 2005-2008 (the maximum permitted three year consecutive term).

Alison has also been appointed to the Civil Justice Council's Panel of Experts (2011).

Professional Memberships

Alison's professional memberships include the Commercial Bar Association (COMBAR) (Executive Committee member since 2010 and previously from 2005 to 2008), the British Insurance Law Association (BILA), the Professional Negligence Bar Association (PNBA), the Association of Regulatory and Disciplinary Lawyers (ARDL), the Bar European Group (BEG) and the International Bar Association (IBA). She is a member of the European Circuit.

Additional Information

Alison is committed to working towards equality and diversity, both at the Bar and more generally.  She is a member of the COMBAR Equality and Diversity Committee, a former member of the Bar Council's Equality and Diversity Committee (2008-2009), and chaired a joint Bar Council/Bar Standards Board Working Party on the Review of the Equality and Diversity Code for the Bar (2008-2009).

Alison undertakes pro bono work, including for the Bar Pro Bono Unit and the Foreign Office Human Rights Pro Bono Lawyers' Panel, and is willing to undertake work at a reduced fee for clients of limited means.  She also accepts work under conditional fee agreements in appropriate cases.

Alison was Secretary to the Commercial Court Long Trials Working Party (chaired by Lord Justice Aikens) in 2008.

Languages

Alison is able to conduct conferences in French.  She has some knowledge of Spanish and Russian.

Education

Alison's qualifications include two degrees in law from Oxford University (BA (undergraduate) and BCL (master's)) and a master's degree in European law (Lic Spec Dr Eur) from the Universite Libre de Bruxelles (Brussels University) (course taught and examined in French).