Derek Sweeting QC

Derek’s practice is focused on contentious civil litigation, and advisory work in the High Court and the Court of Appeal as well as arbitration. It includes cases relating to commercial contracts, insurance, construction, information technology, professional negligence and civil fraud. He is listed as a leading silk in information technology in The Legal 500 (2007).

He also retains a keen interest in maximum severity personal injury and clinical negligence work. He is regularly instructed by the Attorney General in this field.

Derek is a regular and popular lecturer on his areas of practice. He is a co-author of the chapter in Fraud: Law, Practice and Procedure dealing with the overlap between civil and criminal claims.

Recent reported cases

• Bailey v MOD [2008] EWCA Civ 883; Causation and material contribution in clinical negligence claim
• Greene Wood & McClean v Templeton Insurance [2008] EWHC 1593 (Comm); Whether a contribution claim could be "in respect of contract" under CPR r.6.20(5)
• Alan Auld Associates v Rick Pollards Associates [2008] EWCA Civ 655; Repudiation of contract by repeated delay in payment
• Manches LLP v Green [2008] EWHC 917 (QB); Liability for solicitors fees
• Carpetright v George S Hall Ltd [2007] EWHC 3297 (QB); Use of post contractual conduct in construing contract terms
• John McCarthy v McCarthy & Stone Plc [2007] EWCA Civ 664; (2008) 1 All ER 221: construction of share option agreements; approach to the exercise of directors' discretion, when a claim in restitution is possible to recover tax paid on behalf of an employee
• (1) E H Humphries (Norton) Ltd (2) Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd [2006] EWCA Civ 1496: (2007) ICR 247: circumstances in which a duty of care arises from a contractor's right to supervise the work of a sub-contractor
• Proforce Recruit Ltd v Rugby Group Ltd [2006] EWCA Civ 69: when it is permissible to rely on negotiations in the construction of commercial contracts
• David Philip Hawley v Luminar Leisure Plc & Ors [2006] EWCA Civ 30; Times, February 14, 2006: the application of the "control" test in transferred vicarious liability; the meaning of "accidental bodily injury" in public liability