Alain Orengo

Alain Orengo is a Consultant in the Speciality team based in the London office and has over 20 years’ experience in defending professional indemnity claims, and dealing with professional regulatory disputes or disciplinary inquiries before regulatory bodies. He acts for major insurers (and their insureds), as well as legacy run-off specialists (working closely on run-off portfolios to collaboratively deliver economic and legal finality to claims) and has been instructed as monitoring counsel on run-off claims in Guernsey to oversee and ensure the proactive progress, and cost-effective settlement of claims.

He has extensive experience in defending claims against a range of traditional professions, including solicitors and licensed conveyancers, commercial and residential surveyors and valuers, accountants and insurance brokers, building surveyors, building contractors and construction professionals, estate agents, managing agents, and auctioneers. Alain also regularly acts for ‘new professions’ including health and safety consultants, playground inspectors and costs draftsman.

He also pursues contribution claims arising from settled professional indemnity claims and subrogated recoveries on behalf of insurers arising from property damage, including fires, explosions, floods and subsidence, as well as associated business interruption.

Alain also advises insurers on policy coverage involving professional indemnity insurance, including minimum terms, issues arising from claim/circumstance notification clauses, excess and limit of indemnity aggregation, various exclusion clauses, material non-disclosure/misrepresentation and avoidance. He also provides coverage advice on Directors & Officers and Management Liability policies, and defends disputes made against directors and officers.

He has extensive litigation experience in all divisions of the High Court involving complex and high value claims, and also significant experience of arbitrations involving policy disputes (particularly in the context of legacy run-off). Alain also regularly acts as advocate in mediations and is an effective negotiator. He has conducted many mediations and has an established record of success with a reputation for being robust, whilst also taking a common-sense and pragmatic approach to commercial dispute resolution.

Notable cases

• Acting for a nationwide firm of surveyors and valuers on multiple claims involving allegations of over valuations, including breach of contract and breach of duty. Successful settlements based on arguments on causation, measure of loss and contributory negligence.
• Acting for an Insolvency Practitioner (accountant) in relation to an alleged failure to properly administer a company and its assets.
• Successfully acted for an Italian fashion house in respect of the enforcement of an Italian Judgment against a Defendant in the UK.
• Successfully defended accountants (the former and successor practices were both sued) in a dispute brought by the former owner of a company in relation to advice allegedly provided by the insured client. The claim related to an investment that was made in the company by certain investors. Shortly thereafter, the investors dismissed the claimant from the company for gross misconduct. The claimant alleged that the insureds’ negligence had caused them to suffer the loss of their shareholding in the company, the loss of their employment in the company, and the cost of litigating injunctive proceedings brought against them by the investors. The claims were defended and an application for summary judgment and strike out was successfully made.
• Saleem Nawaz (1) Zahir Aziz (2) v. Birchfields Solicitors[18.12.19] HC: successfully defended solicitors in a £1.7 million claim in the High Court for alleged negligent commercial conveyancing. Successfully struck out part of the claim and thereafter successfully defended the claim at trial both in respect of breach of duty and causation.
• Acting for a prominent firm of solicitors in High Court claims arising from alleged negligent advice in relation to numerous defective shared ownership sub-leases.
• Mr and Mrs Backhouse v. Petersen [2019] successfully struck out a claim brought against a building surveyor on the basis of the claimants’ various egregious breaches of procedural directions. Upheld on Appeal [2020].Marshall Brothers Partnership v. Bates & Mountain Solicitors [2021] successfully struck out a claim brought against the claimant’s former solicitors on the basis that it was hopelessly time barred and without merit, with indemnity costs awarded.
• Acting for a prominent firm of solicitors on a £2.2 million claim for damages for diminution in value arising from alleged negligent advice in relation to numerous defective shared ownership sub-leases. The claims settled on the basis that the claimant was persuaded to rectify the sub-leases thereby significantly mitigating the extent of the alleged loss.
• Acting for solicitors on a claim alleging negligent conveyancing by a property developer, and that instructions were not taken in relation to a restrictive covenant on the title, resulting in the claimant not being able to fully build the properties he intended. Successful settlement for significantly less than pleaded based on causation arguments and favourable expert evidence, as well as contributory negligence and failure to mitigate.
• Acting for numerous licensed conveyancers on claims relating to the conduct of conveyancing transactions, wills and probate related matters, as well as complaints to the Legal Ombudsman.
• Acting for fire safety consultants concerning the provision of fire safety assessment reports and EWS1 Forms on numerous buildings throughout London.
• Providing coverage advice to insurers on a c. £2 million dispute concerning the alleged defective design, installation and commissioning of a fire sprinkler system in a commercial development, including extensive allegations of deficiencies with the workmanship involving complex expert evidence. The claim also involves issues of insolvency and the applicability of the Third Parties (Rights Against Insures) Act 2010, and multiple complex “external” coverage arguments.
• Acting on the defence of an energy consultancy concerning the design and installation of solar panels/Batteries and Air Source Heat Pumps, and the project management of a property development. The claim involving substantive allegations of breach of contract, as well as technical and complex intricacies arising from Payless Notices.

Languages spoken

French