Tharini Sumanthiran

Full Profile

Tharini has a well-established background in dispute resolution and litigation. She acts on behalf of both Claimants and Defendants, representing a range of clients, including insurers and their insureds, local authorities, utility companies and loss adjusters. Tharini thrives on dealing with highly contentious litigation, but always remains mindful of her client’s commercial interests. She is thus able, at an early stage, to assess which cases to advise her clients to settle pre-litigation and which should be pursued through the litigation process.

Tharini is an experienced trial lawyer and has successfully defended local authorities at trial against claims in relation to tree root subsidence damage. Two such cases are Pattichis and Pattichis v London Borough of Enfield [2016] and Central Gurdwara (British Isles) London Khalsa Jatha v Royal Borough of Kensington and Chelsea [2019]. Both cases are now often referred to by Claimants and Defendants in liability disputes on tree root subsidence claims.

Tharini also has considerable experience in defending utility companies, particularly water utilities. She achieved notable success when defending a water utility against a claim and injunction application in respect of emergency discharge of water from a reservoir onto private land. Had the Claimant been successful, the implications would have led to the need for utility companies across the country to implement wide-ranging operational changes.

Outside of her work, Tharini participates in various mental health support groups and has a keen eye for photography. She also has a special interest in criminal and evidence law, as a result of which she regularly assists Prof David Ormerod CBE, KC (Hon), DCL(Hon) with his publications, including Smith and Hogan.

Experience

• Defended an application for an injunction to stop a water utility company from extracting water through a deep borehole.
• Advised a client in relation to liability following a fire as a result of a barbeque on a balcony which burnt down an apartment block.
• Represented a client on a claim related to a burst water main which caused a sinkhole, destabilising the Claimant’s property.
• Defended a client on a case in the High Court following a claim made against them for tree root subsidence caused to a church.
• Represented a client in respect of a claim for diminution in value of land against them following a pollution incident.
• Advised a client in relation to the strategy to deal with significant damage to their property caused by a tree on which there was a Tree Preservation Order.
• Represented a client on a claim brought against them due to statutory liability, despite damage being caused by a subcontractor. This involved joining into proceedings the client’s contractor as a Part 20 Defendant to enable them, as a Part 20 Claimant, to bring their subcontractor into the proceedings.