A leading annual conference on professional negligence and liability, hosted recently in Dublin by Irish law firm Holmes, together with the Professional Negligence Lawyers’ Association (PNLA), addressed the evolving landscape of professional negligence claims in Ireland and the UK.
The event brought together legal, insurance, and business leaders to discuss strategic responses to emerging regulatory, economic, and litigation trends, particularly within the construction sector.
Set against a backdrop of rising global inflation, escalating tariffs, and geopolitical instability, the cost and complexity of doing business is growing significantly.
Consolidation through mergers
These pressures are driving greater consolidation through mergers within professional sectors and significantly impacting the volume and scope of professional negligence claims.
Industry experts at the conference examined the direct implications of these trends for Ireland’s construction industry, where both the frequency and value of claims have continued to escalate since the COVID lockdown.
The conference opened with remarks from Justice Michael MacGrath of the Court of Appeal, who welcomed a distinguished panel of speakers including the special guest for the conference, justice minister Jim O’Callaghan; as well as Carol Lynch of BDO; Liberty Specialty Markets’ Niamh Moloney; former managing partner of Morr & Co LLP, Paul Harvey; Andrew P Nugent & Associates, Quantity Surveyors’ Andrew Nugent; McGill & Partners’ John Barry; SSA Architects’ Shane Santry; and Howard Elgot of Parklane Plowden Chambers.
Central topics discussed included in-depth legal analysis of construction-related negligence; the importance of understanding the RIAI contract; and the challenge presented for architects and engineers under the principle of joint and several liability when they are sued alongside contractors.
Speakers addressed the increasing complexity of claims, which now often involve multiple parties, require more sophisticated dispute resolution strategies, and are subject to growing media scrutiny.
Claims properly quantified
Michael Murphy, partner at Holmes, noted: “Professional negligence claims tend to reflect the economic landscape; making sure claims are properly quantified at a time of rampant inflation has arguably never been much challenging.
"Bringing together trusted sectoral experts, industry professionals, insurers, and practitioners together for today’s conference has provided valuable insights and practical benefits in this ever evolving claims landscape.”
Katy Manley, president of the PNLA, added: “This conference reflects the growing momentum across our profession to meet complex challenges with innovation and a focus upon practical solutions being achieved through collaboration.
"By bringing together legal, insurance, and construction experts, we’re not only addressing risks, we are actively building stronger, more informed industries that are better equipped to navigate change and seize new opportunities across both Ireland and the UK."
The conference also explored the dynamic nature of risks faced in construction, including those driven by climate considerations. Attendees gained valuable insights into compliance strategies and practical approaches for maintaining resilience and competitiveness in a rapidly changing legal and commercial environment.