Sophie Fairclough

Sophie is an Managing Associate in in the Insurance Disputes practice, specialising in insurance disputes and commercial litigation.

In the insurance sector, she acts for policyholder clients, including corporate clients and high net worth individuals, on coverage disputes.

Sophie's work spans a wide range of areas, including Financial Services, D&O, Professional Indemnity, Employment Practices Liability, Pharma, Product Liability, Retail & Consumer, Property Losses, Business Interruption and Cyber.

Her practice also covers a variety of commercial disputes, including breach of contract, breach of fiduciary duty and shareholder disputes.

Sophie has been involved in claims for institutional funds, including claims arising from investments in rights issues under FSMA s90.

Sophie is a member of AIRMIC and BILA.

Key Experience

• Representing a number of policyholders in an intervention in the FCA test case litigation regarding business interruption losses as a result of Covid-19 to ensure that arguments specific to those policyholders' policies were heard by the Court.
• Advising various businesses and property owners in relation to claims arising out of business interruption or loss of rent claims as a result of Covid-19 losses.
• Representing a client through hostile litigation by a former employer in relation to the client's position as a former Finance Director. The work included responding to simultaneous applications for a debt claim, declaratory proceedings, a derivative claim and an injunction and culminated in a favourable settlement for the client.
• Advising a HNW individual in relation to expedited Court of Protection proceedings regarding the capacity of a family member and subsequent related litigation for that HNW individual, including possession proceedings, a third party disclosure application and appeal and contact and reconsideration applications relating to the original Court of Protection proceedings.
• Working on a s90 FSMA claim against former Directors of a listed company in relation to misstatements made in a rights issue prospectus
• Advising a large Pharmaceuticals company in relation to potential Employment Practices Liability claims
• Advising a large corporate in relation to an insurance broker negligence claim
• Advising a HNW individual in relation to coverage for a goods shipment that had been confiscated by Chinese customs
• Advising a HNW individual on coverage for property damage and Business Interruption due to severe flooding

Career History

Associate, Mishcon de Reya LLP
Trainee / Associate, Clyde & Co LLP
University of Oxford, Law

Articles and Publications

• Client Briefing: Betting & Gaming: Data Breaches – prevention and cure
• Client Briefing: Damages for Late Payment of Insurance Claims