2tg
Sonia Nolten
Call: 2002
Expertise
Insurance & Reinsurance Professional Negligence Commercial Banking & Finance Commercial Fraud Other Areas
Qualifications
MA (Oxon)
Appointments
Treasury Panel of Counsel 2009
Practice Profile
Sonia is a commercial practitioner, specialising in insurance and reinsurance, of which she has extensive experience. She is presently instructed in the EL Trigger Litigation – now on its way to the Court of Appeal - in which she acts for the Municipal Mutual Insurance Company. Aside from insurance she has a mixed commercial litigation practice encompassing professional negligence, banking and commercial fraud.
Sonia has very significant experience in commercial insurance. She represented MMI in MMI v Zurich Insurance Company and 10 others (and 5 other actions), a.k.a. the EL Policy Trigger Litigation). This wide ranging litigation – named by The Lawyer as one of the top ten cases of 2008 and the subject of extensive national media interest – included issues of employers’ liability policy construction, (particularly in light of statutory compulsory insurance regimes), estoppel and market practice, as well as complex medical evidence on the aetiology of asbestos-related disease. She remains instructed by MMI on its appeal.
She also appeared in the leading case on policy triggers in public liability insurance, Bolton Metropolitan MBC v Municipal Mutual Insurance Ltd.
She is regularly instructed in insurance and reinsurance disputes arising out of a range of covers including professional indemnity, business interruption, public liability, employers’ liability, litigation protection, life, income protection, property and motor.
Selected recent cases:
- Municipal Mutual Insurance Company Limited v Zurich Insurance Company and 10 others (and 5 other actions) [2008] EWHC 2692 EL Trigger Litigation (instructed by Watmores, led by Howard Palmer QC)
- Bolton Metropolitan MBC v Municipal Mutual Insurance Company Limited and another [2006] 1 WLR 1492; [2006] 1 LRIR 15 (CoA, QBD). Policy triggers for “injury occurring” public indemnity insurance; contribution, estoppel. (instructed by Watmores, led by Howard Palmer QC)
- Re A Syndicate (2009) Aggregation of losses under reinsurance treaty; construction of clash reinsurance clause; limitation (instructed by Watmores)
- X v Barclays Life Limited (2009) Accrual of cause of action under life insurance policy; whether deferral period amounted to condition precedent; effect of fraudulent claim (instructed by Wright Hassall LLP)
- Scorah v UNUM (2009) Defending claim seeking damages for late agreement to indemnify under an IPP policy (instructed by UNUM)
- A v W and 3 others (2009) Whether Insurers entitled to rely on breach of condition precedent in policy of EL Insurance (instructed by Stanley Tee LLP)
- Numerous instructions during 2008 and 2009 to advise as to the implications of the EL Trigger Litigation for other long tail diseases (whether asbestos-related or otherwise), for PL and EL cover written on different wordings, and for issues of contribution/apportionment (instructed by, among others, Beachcroft LLP, Roythornes)
- A Insurer v M Insurer and E Insurer (2008) Contribution in equity, dual insurance, recovery of voluntary payment (instructed by Watmores)
- S v OD Ltd and anr (2007). Misrepresentation, fraudulent claim, suspected arson (instructed by Dutton Gregory LLP)
- A Insurer v Z Insurer (2007) Whether Insurers had agreed to be bound by Opinion of Leading Counsel as to which policy responded (instructed by Beachcroft LLP)
Sonia continues to be instructed in numerous professional negligence actions, especially those related to her other fields of expertise (insurance, commercial and banking). In particular she has acted for insurers and insureds in claims against insurance intermediaries (claims handling, acting beyond authority, liability for return of certificates, extent of broker’s duty to insurer, liability for advice given to insured on policy points). She also has experience of claims against accountants and financial advisers (e.g. whether auditors under a duty to identify fraud, scope of duty to advise as to possibility that client’s conduct of business liable to expose her to fraud proceedings).
She has represented both lawyers and claimants in many contexts, most frequently in actions with an underlying chancery/commercial flavour. Examples include: failures to complete transaction/give effect to testator’s wishes/advise as to appropriate settlement value of claim/advise trustees appropriately, acting beyond authority/when in conflict, numerous scope of retainer issues (e.g. giving commercial advice, advising as to planning permission/listed status of property), failure to enforce judgment before judgment debtor declared bankrupt, numerous limitation issues.
Sonia has significant – and unusual - expertise in cases involving allegations against education professionals (chiefly failure to detect/prevent/address bullying, or learning difficulties such as dyslexia). Most recently, led by Andrew Miller, she appeared for the School in Thomson v Berkhamsted Collegiate School, in which it was claimed that the School should have been aware of a secret campaign of bullying stretching back several years. The Claimant discontinued during trial. She has had sole conduct of many other education claims, including a bullying/sexual assault case which she won following a 5-day trial, and on which she also appeared in the Court of Appeal on a procedural point.
She also acts for and against property/construction professionals (failure by estate agent to market adequately, claim against engineer for collapse of building).
Selected recent cases:
- Thomson v Berkhamsted Collegiate School (2009, QBD) Whether School under a duty to detect and/or prevent bullying which had not been reported to it and which was unknown to parents (instructed by Berrymans Lace Mawer, led by Andrew Miller)
- C Insurer v I Claims Handler (2009, QBD) Claims handler settling claim without authority (instructed by Beachcroft LLP)
- L Company v M Broker (2008) Liability of broker for advice given about policy interpretation; whether reasonable to rely on market agreement (instructed by L)
- Lightfoot v Lightfoot and 2 others (2008, Ch. D) Failure by solicitor to advise as to joint and several liability under a consent order, failure to bring third party claim against fellow trustee, continuing to act when in conflict (instructed by CMS Cameron McKenna LLP)
- Murray and Davies v Everitt Tomlin Lloyd and Pratt & another (2007, QBD) £1m claim against two solicitors acting in succession; whether under duty to advise on planning permission when instructed in connection with surrender and regrant of lease, complex causation issues (instructed by J Peter Davies)
- Trapp v Devon County Council (2007, Plymouth CC, CoA) Extent of duty to prevent physical/sexual assaults by other pupils (instructed by Veitch Penny)
- Laing Homes Limited v Couch Consulting Engineers and anr (2006, TCC) Accidental demolition of entire building; scope of contractor’s and/or engineer’s duty to assess integrity of building; whether recommended method of work causative of collapse. (instructed by Berrymans Lace Mawer)
- Bright v Barnsley District General Hospital NHS Trust [2005] Lloyds Rep Medical 449. Failure, over a period of months, to identify low weight of foetus and order elective C-section, resulting ultimately in cerebral palsy. Complex causation issues: probability of better outcome at the time of each negligent act was over 50%, but cumulative probability of a better outcome less than 50%.
Sonia has a lively commercial litigation practice including: restitutionary claims, sale and supply of goods and services, construction and validity of penalty, liquidated damage and insolvency clauses, guarantees, business interruption claims, undue influence & capacity to contract, directors’ duties, duties of administrators and receivers, CMR conditions of carriage, credit hire, commercial leasing, rectification, misrepresentation and res judicata.
Selected recent cases:
- Senergy Limited v Bow Valley Petroleum Limited (2009, Comm. Ct) Construction of Letter of Commitment to hire an oil rig for exploratory drilling (instructed by HBJ Gateley Wareing LLP, led by Paul Downes)
- Pumfrey & Lythaby v Wilkinson (2009, Ch.D) Recovery of monies paid by solicitors under a mistake (instructed by CMS Cameron McKenna LLP)
- GCS v S LLP (2008) Construction of Partnership Agreement; whether frustrated by economic downturn (instructed by McClure Naismith)
- Moulded Foams Limited v Caldicott Works Limited (2008, QBD) Construction of Asset Sale Agreement, whether arbitrator entitled to make determination (instructed by McClure Naismith)
- Delaware Investments Limited v Jarvis Investment Management Limited (2007, Companies Court) Refusal to rectify register, or to deliver up share certificates (instructed by Wallace LLP)
- Re C (2007) Validity of excessive demand; liability for acts of invalidly appointed receivers, liability of receivers in trespass (instructed by Petman Smith, led by Paul Downes)
- Cetelem SA v Roust Holdings Limited (2005, Comm. Ct) Whether matters to be determined by ICC arbitrators rendered res judicata by Russian proceedings; anti-suit injunctions (instructed by Simmon Cooper Andrews LLP, led by Michael Black QC).
Sonia has acted for and against banks in a range of banking and financial services claims including: breach of mandate, bills of exchange, cheques, guarantees & the Statute of Frauds, excessive/imprecise demands for repayment. Many of these claims involve elements of commercial fraud, and as a result Sonia is familiar with claims in respect of deceit, breach of fiduciary duty, breach of trust, knowing receipt, dishonest assistance, conspiracy, conversion and receipt of bribes.
She is experienced in obtaining freezing and other interim orders to preserve assets and evidence, and of contempt proceedings following breach of such pre-emptive orders (failure to disclose whereabouts of assets, destruction of documents and evading service).
Selected recent cases:
- Bank of Scotland plc v Aarian Investments and another (2008, QBD): judgment debtor’s privilege against self-incrimination when attending for examination as to assets (instructed by Wragge & Co LLP)
- Primus Telecommunications Ltd v Kumar (2007, QBD) £3m commercial fraud claim: deceit, breach of fiduciary duty, knowing receipt, dishonest assistance, conspiracy, forgery, freezing injunctions (instructed by Bryan Cave, led by Paul Downes)
- D’Sa v Royal Mail Group and anr (2007, QBD) Harassment Act injunctions, mandatory interim relief, postal fraud (instructed by the Royal Mail Group)
- LTE Scientific v D Thomas (2005, CoA, QBD) Whether freezing injunction can be obtained on a without notice basis when other party has been “tipped off” about the application (instructed by Gateley Wareing LLP)
- Al Khayat v Al Khayat (2005, Ch. Div) Restitution, breach of constructive trust, cheque fraud, forgery, abuse of process, misuse of power of attorney (instructed by Keeble Hawson).
Please see entry above under "Banking and Finance".
Practice and Procedure
Many of Sonia’s cases have involved consideration of different areas of practice and procedure. In 2007 she appeared (unled) in the Court of Appeal in an attempt to strike out a claim on grounds that a litigation friend purported to continue to act notwithstanding the child claimant had attained her majority. The application also raised the undecided question whether this procedural step was available in respect of a Notice of Appeal.
Selected recent cases:
- Trapp v Devon County Council (2007, CoA) Whether Court of Appeal entitled to strike out Notice of Appeal on grounds that litigation friend purports to continue to act after minor reaches 18th birthday (instructed by Veitch Penny)
- Golley v Royal Mail Group (2005, Ch. Div). Statutory bars to contractual or tortious claims against the Royal Mail; whether such bars contrary to the Human Rights Act 1998 (instructed by the Royal Mail Group).
Additional Information
Affiliations
- Commercial Bar Association (COMBAR)
- Professional Negligence Bar Association (PNBA)
- London Common Law and Commercial Bar Association (LCLCBA)
- British Insurance Law Association (BILA)
Awards
- Twice awarded the Inner Temple Major Scholarship (2000, 2001)
- Research Scholarship, British Academy (the UK’s National Academy for the Humanities and Social Sciences) (1995-9)
- Paul Ries-Collin Scholar, Oriel College (1996-8)
Publications
- 2007 – Author of Chapter “Foreseeability” PIBA Handbook (Third Edition, ed. Frank Burton QC)
- 2006 – Editor (with Nina Goolamali) of A Practical Guide to Maternity and Parental Rights (Tottel)
- 2006 – “Out of the Shadows? Shadow Directors after Ultraframe (UK) Ltd v Fielding and Ors [2006] FSR 17” – On Account Summer 2006
- 2005 – “The Effect of Insurance Wording in Slow Burn Injury Cases: Bolton Metropolitan Borough Council v (1) Municipal Mutual Insurance Limited (2) Commercial Union Company Limited”- On Risk Summer 2005
- 2003 – “Contracts: Entitlement to payment not dependent upon performance” All England Legal Opinion November 2003
Previous Positions
- Lecturer in English Literature, University of Oxford (1996-2000). Sonia’s research interest while in academia was Restoration literature and social history, with a particular focus on the Duke of Monmouth and his Rebellion.
Languages
- Good French; conversational German and Russian.
Interests:
- Sonia likes going to the theatre. This term she will be seeing Madame de Sade, Dido Queen of Carthage, The Cherry Orchard and All’s Well That Ends Well. She dances salsa and is learning to scuba dive.
