Education
Universities of Southampton and Leuven, Belgium - LLB (with European Legal Studies)
Admitted
England and Wales 1996
Partner in Beale and Company
2011
Main areas of practice
Damian McPhun
Partner
Damian is a partner in our London office, specialising in professional liability claims. He has considerable experience of acting in claims against Independent Financial Advisers, investment managers, accountants, actuaries and other professionals associated with the financial services sector, as well as solicitors and insurance brokers. Damian also regularly advises insurers on all aspects of professional liability policy coverage.
Damian's experience includes cases dealt with by way of litigation, arbitration or the regulatory regime, including referrals to the Financial Ombudsman Scheme. He is regularly involved in mediations and other forms of Alternative Dispute Resolution. Damian also undertakes other liability work for major insurers, under public liability policies, including product liability cases and claims arising out of property damage.
Recent and notable cases include:
- A claim made against an IFA in relation to allegations of negligent advice on the investment of the proceeds of a company sale (value: approx. £6 million);
- A claim by corporate pension fund trustees alleging negligent advice by the fund's former actuarial and investment advisers (value: approx. £10 million);
- A claim against an IFA in relation to allegations of negligent advice in respect of investments in Arch Cru products (value: approx. £1.5 million);
- A claim against a global accountancy firm in connection with alleged negligent conduct as investment managers (value: approx. £4.5 million);
- Recovery claims against an IFA by the Financial Services Compensation Scheme in respect of Keydata / SLS bonds.
Damian is a member of a number of professional bodies, including the British Insurance Law Association and regularly gives talks on various issues of interest to the insurance industry and in-house counsel. He also contributes to various industry publications, including Insurance Day and Post magazine and is regularly quoted in the trade press.
Damian is recommended in the Legal 500 2010, where he is described as "an outstanding negotiator" and "good where insurers have particularly awkward problems to solve"