Experience

General

Lauded by clients for my willingness to get 'stuck-in', I am an expert advocate in general company and commercial law and have a wide range of experience in dealing with the purchase and sale of companies, directors' duties and shareholder disputes, partnership, conflict of laws, banking and financial services and with all aspects of solicitors' practice from drafting partnership agreements to money laundering.

Leading legal directories have recognised my prowess in cases which involve 'three dimensional, chess-type' strategic thinking. I have acted on high profile cases involving the enforcement of foreign judgments and arbitration awards and pre-emptive relief. I have been listed as a leading Banking junior in the Legal 500 since 1999, in Legal Expert since 2001 and, most recently, as a leading commercial litigator in Chambers & Partners. I am also a highly experienced mediator.

Commercial

My wide-ranging experience as a commercial and company litigator has encompassed litigation in jurisdictions all over the world. I have represented clients in courts from the Isle of Man (where I am a Licensed Advocate) to the US Federal Court in Chicago and also have a working knowledge of the Russian civil code and company law.

I was appointed a Department of Trade Inspector in 1996, and was the Senior Adjudicator for the Channel Island Splits Adjudication Scheme from its inception until the completion of its work in 2010, as well as being a long-standing committee member of the Commercial Bar Association.

I contribute the sections on Banking, Financial Services and Insurance to the leading work on Civil Appeals, and have edited and contributed to "Security for Costs and Other Court Ordered Security" (pub. Jordans 2010).

Banking and Financial Services

I have extensive experience, particularly in dealing with principal and surety law, security enforcement, mis-selling of financial products, swaps, exotic financial derivatives and spread betting. In my role as a DTI Inspector from 1996-1998, appointed under the Financial Services Act, I investigated insider dealing and market abuse in relation to traded futures and options.

As Senior Adjudicator of the Channel Island Splits Adjudication Scheme (CISAS) 2005-2010, I helped draft the rules for a Channel Island government scheme to determine disputes between financial intermediaries and investors arising out of the collapse of the Split Capital Trust market, and adjudicated the most complex disputes whilst supervising less experienced adjudicators – carrying out more than twenty adjudications between financial intermediaries and clients.

I have been recommended as a leading banking lawyer in Legal 500 and a leading commercial litigator in Chambers & Partners for many years.

Recent significant cases include:

  • Advising on claims against banks in relation to the mis-selling of interest rate hedging products including rate swaps and stepped and structured caps and collars
  • Advising creditors in respect of potential claims against auditors and regulators following the collapse of "Worldspreads"
  • Advising defendants in relation to civil claims arising from alleged conspiracy to defraud a spread betting company by rigging share prices on its trading systems
  • Consultant to a financial services trade association in relation to submissions to HMG and the FSA concerning reforms of the retail life settlement market
  • Acting successfully for the National Transitional Council of Libya in the first UK case recognising it as the legitimate government of Libya and freeing £200m in English bank accounts. (British Arab Commercial Bank plc v National Transitional Council of Libya [2011]EWHC 2274 (Comm) )
  • Advising solicitors in a claim for potential professional negligence in relation to an unlawful "land bank" unregulated collective investment scheme
  • Advising on disciplinary proceedings and FSA implications of alleged gross misconduct by a derivative trader; whether or not conduct alleged would affect trader's "fit and proper person" status
  • Acting for and against retail banks in various security enforcement claims
  • Acting for various clients in relation to the collapse of Icelandic banks, including potential claims against administrators for misrepresentation and breach of personal duty. (Baugur Group hf ats Iceland Foods)
  • Advising US hedge fund on FSA and other implications of potential insider dealing in relation to AIM quoted companies.
  • Major litigation between bank and customers concerning mis-selling of and negligent operation of trading in complex derivative transactions in options on freight futures and the multi-jurisdictional enforcement of securities including ship mortgages, assignment of future earnings and debentures (see TMT Co Ltd and ors v RBS [2010] EWHC 3680 (Comm) on interim restraints of enforcement of security and substituting securities).
  • Advising various clients on LIBOR-related claims.

Mediation

A committed mediator who has mediated more than 150 disputes, including numerous high value and multi-party disputes, I was accredited by CEDR in 1997 and am a Member of the London Court of International Arbitration. I am also a director of Littleton Dispute Resolution Services Limited.

I have conducted numerous mediation workshops and training sessions for solicitors and their clients, as well as drafting and advising on mediation and other ADR agreements. I also drafted the rules for a pilot "fast track" disputes resolution scheme for low-value medical negligence claims for a consortium of NHS Trusts.

Recent mediation experience includes:

  • Solicitors' negligence in the conduct of litigation, conveyancing, taxation corporate due diligence and financial services
  • Accountants' negligence in relation to taxation, due diligence, auditing and corporate advice
  • Bankers' and financial advisers' negligence in relation to guarantees, secured and unsecured lending, insurance, contracts for differences, index betting, derivatives and swaps
  • Wrongful and unfair dismissal especially in the field of high value banking and financial services claims
  • Building and design contracts including architects' and engineers' negligence
  • Company and shareholder disputes including unfair prejudice petitions, directors' dismissal and breaches of directors' duties
  • Joint ventures and partnership including intellectual property, breaches of duty and restraint of trade and professional partnership disputes amongst solicitors, architects and medical professionals
  • Commercial contracts including sale of businesses and business assets, sale of goods and services, franchising and debt discounting
  • Commercial fraud including bribery, transfer pricing, diversion of business opportunities and plain old-fashioned theft
  • Banking and financial services including disputes on the ISDA master agreement, OEICs and all kinds of exotic financial instruments
  • Regulatory and disciplinary issues in relation to financial services, insurance and banking
  • Pension and investment mis-selling
  • Agency including Commercial Agents Regulation claims
  • Landlord and tenant including breach of repairing covenant and dilapidation disputes
  • Contested Probate including construction of wills and trust documents, testamentary competence and Family Inheritance Act claims

Leading Cases

Purchase and Sale of Companies, Directors' duties and shareholder disputes
  • Thomas Witter & Co Ltd v TBP Industries Ltd [1996] 2 All ER 573
  • Secretary of State for Trade and Industry v Jabble [1998] BCC 39
Banking & Financial Services
  • British Arab Commercial Bank plc v National Transitional Council of Libya [2011]EWHC 2274 (Comm)
  • Fielding v Royal Bank of Scotland (CA) ("The Times" 26 Feb 2004)
  • United Bank of Kuwait v Hammoud et ors ( CA) [1988] 1WLR 1051
  • Refco Inc v Eastern Trading Company and Others [1999] 1 Lloyds LR 159
Enforcement of Foreign Judgments and Arbitration awards, Pre-emptive relief
  • Soinco SACI v Novokuznetsk Aluminium Plant [1998] QB 406 and [1998] 2 Lloyds Rep 346
  • Refco Inc v Eastern Trading Company and Others [1999] 1 Lloyds LR 159
Partnership law and Solicitors' Practice
  • Buller v Fulford (HH Judge Weeks QC, ChD, 16/3/99 Lawtel)
  • United Bank of Kuwait v Hammoud et ors ( CA) [1988] 1WLR 1051
EU Law
  • Mayne & Chitty Wholesale v Ministry of Agriculture, Fisheries & Food ("The Times" 12th October 2000)