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Brendan McGurk

M.A., (Cantab) BCL (Oxon), D.Phil (Oxon)


Call: 2004
Areas of Practice
Professional Liability
Commercial Litigation
Financial Services & Securities Regulation
Insurance & Reinsurance
Product Liability
Public Law and Human Rights
Sports Law
Environmental Law
Public Procurement

Profile

 

Brendan has a broad commercial and public law practice which overlaps in various fields of regulatory law. His Commercial practice encompasses insurance, civil fraud, product liability and all areas of professional liability. Brendan is developing a particular expertise in Financial Services law and has advised and acted in a number of claims for and against independent financial advisors.

 

Brendan’s regulatory practice encompasses Environmental law (acting for the Environment Agency and regulated individuals), Sports law (including disciplinary disputes) and public procurement (acting for both bidders and local authorities).

 

In February 2009, Brendan was appointed to the Attorney Generals approved panel of counsel (C panel) and regularly acts for the Home Office, the Foreign and Commonwealth Office and the MoD. Building on his academic background in this area, Brendan undertakes all areas of public law work including judicial review and human rights, immigration, mental health, education and revenue matters. Brendan has developed vetted (DV) security clearance.

 

Brendan is the co-author (with Mark Cannon QC) of Professional Indemnity Insurance. Published in March 2010 by Oxford University Press.

 

More detail on Brendan’s practice can be found by following the links in “areas of practice” above

 

Current and recent cases 

§   R. (on the application of Mhango) v Secretary of State for the Home Department [2010] EWHC 1321 (Admin)

 Acted for the Secretary of State for the Home Department in a case in which the Claimant sought to remain the UK on the grounds of her (and her daughter’s) article 8 rights. The court had to consider the proportionality balance in a case where a child had resided in the UK for nearly seven years albeit in circumstances where the seven year child policy had since been revoked. The application was dismissed. 

§   Brown & Ors v Innovator Plc and others  

Acting for a firm of solicitors in relation to a claim arising out of allegedly fraudulent technology investment schemes established by their former client (led by Justin Fenwick QC). 

§   Carillion v Bradford Metropolitan District Council 

Acted for the Claimant construction company in a claim for wasted bidder costs as a result of the suspension and abandonment of a bid process governed by the Public Services Contracts Regulations 1993 (led by Michael Bowsher QC) 

§   R (on the application of Tham Yong) v Ministry of Defence  

Acting for the Ministry of Defence and the Foreign and Commonwealth Office in relation to a proposed claim for judicial review following a call for a public inquiry to be held over deaths in Malaya in 1948 (led by Martin Chamberlain).

§   Kingspan Environmental Ltd v Borealis A/S 

Acting for the Claimant in a product liability dispute arising in relation to the supply of raw material for use in roto-moulding processes (led by Justin Fenwick QC) 

§   Durham v BAI (Run Off) Ltd 

Acted as research junior for Zurich Insurance Company in the Employer’s Liability Policy Trigger litigation in the Court of Appeal (led by Jeremy Stuart-Smith QC) 

§   The Billy Wright Murder Inquiry 

Acted for the Northern Ireland Office and the Northern Ireland Prison Service in the public inquiry convened to consider the allegations of collusion surrounding the death of Billy Wright in HMP Maze. 

§   A B & Others v Ministry of Defence  

Acted for the Ministry of Defence in relation to the class action by former servicemen alleging improper exposure to radiation during the UK’s nuclear test programme in the Pacific in the 1950s (led by Leigh-Ann Mulcahy QC)

 

 Academic qualifications

Brendan obtained first class degrees in law at both Cambridge University (as an undergraduate) and Oxford University (as a 2 year BCL student) before completing a D.Phil in Public and Regulatory law entitled “The Rule of Law in the Regulatory State”. He was short-listed for a prize fellowship at All Souls College, Oxford and was awarded a Queen Mother’s Scholarship by the Middle Temple in 2003. He was also awarded a Pegasus Scholarship by the Bar European Group In 2006.


Publications
Professional Indemnity Insurance - Brendan is the co-author with Mark Cannon QC
Oxford University Press 2010
Notification of Circumstances after Kidsons: Laker Vent Engineering v Templeton Insurance Limited [2009] EWCA Civ 62
2009
Commercial Contents Insurance: Protections Warranties: A note on A.C. Ward & Sons Ltd v Catlin (Five) & Others [2009] EWHC 3122 (Comm)
2009

Languages

French



Further Information

Administrative law Bar Association

Combar

Professional Negligence Bar Association.