Rosalind Phelps KC > Fountain Court Chambers > London, England > Barrister Profile

Described as ‘top of the premier league of aviation barristers,’ Fountain Court Chambers‘ members represent major airlines, lessors and manufacturers in disputes concerning leasing, purchase and redeliveries. Hull damage and loss claims, in addition to fatal incidents also fall within the set’s remit, with barristers representing various parties in accidents involving both fixed wing aircraft and helicopters. Akhil Shah KC was instructed by Qatar Airways in its dispute with Airbus over A350 surface degradation, with Rosalind Phelps KC representing the manufacturer; Qatar Airways alleged that paint peeling from these aircraft, exposing the lightning mesh beneath, constituted a safety hazard and grounded several of the type, while Airbus contended that this was merely a cosmetic issue; the matter was settled in February 2023. Head of chambers Bankim Thanki KC is frequently sought out by lessors engaged in litigation around aircraft condition, maintenance obligations and rent payments, while Michael McLaren KC is acting on several disputes concerning business jets. James Cutress KC has expertise in cross-border aviation matters, with notable strength in advising on leasing issues. Giles Robertson is noted for his expertise in financing issues in the aviation sector, including advising on cases where fraud is alleged.

Sought out to appear in heavyweight Commercial Court, Financial List and Chancery Division cases, Fountain Court Chambers is ‘a top-flight set for commercial work, with excellent silk and junior coverage‘. In Soteria Insurance (formerly CIS General Insurance) v IBM United Kingdom, which concerns a failed IT transformation project, Bankim Thanki KC successfully acted for Soteria in the Court of Appeal on a significant commercial contractual interpretation point. In Federal Republic of Nigeria v JP Morgan Chase, one of the Commercial Court’s largest cases of 2022, Rosalind Phelps KC, leading David Murray, successfully represented the defendant bank against the Nigerian Government’s $870m-plus claim under the Quincecare duty concerning the Malabu oil scandal. Elevated to silk in March 2023, Simon Atrill KC‘s recent track record includes representing a Saudi royal family member in HRH Prince Khaled Bin Sultan Bin Abdulaziz Al Saud v Gibbs, a $30m claim against a former Magic Circle firm partner for allegedly misappropriating investment funds.

‘Obviously one of the top sets in the market in this area‘, Fountain Court Chambers‘ members are routinely instructed in high-stakes civil fraud cases, both in the UK and overseas. Recent workloads encompass banking and finance sector disputes, as well as cases with international elements. Africa-related civil fraud work is a notable growth area for the set, which is also particularly active in Asia, Middle East and Russia & CIS matters. In arguably one of the largest fraud claims of 2022, Rosalind Phelps KC acted for the defendant in the high-profile Republic of Nigeria v JP Morgan, which involved a $870m claim that concerned an allegedly corrupt oil deal and issues of the Quincecare duty. March 2023-appointed silk Simon Atrill KC, led by Timothy Howe KC, represented Credit Suisse in a substantial claim involving bribery and undue influence allegations, in relation to Libya’s placement of substantial investments with Western banks. Aaron Taylor, Nicolas Damnjanovic and Samuel Rabinowitz are notable juniors in chambers.

Being ‘packed full of some brilliant and incredibly intelligent lawyers,’ Fountain Court Chambers has been at the forefront of some of the recent substantial banking and finance litigation, both domestically and internationally. The set specialises in managing disputes that have a significant impact on the financial sector, with one such example being cases related to the Quincecare duty when banks suspect fraud: these include Federal Republic of Nigeria v JP Morgan Chase NA which saw Rosalind Phelps KC, David Murray and Aaron Taylor instructed in a successful defence of a $1.5bn claim against the bank. Alongside this, Patricia Robertson KC and Christopher Langley were instructed to act for HSBC in defence of a claim in relation to an alleged breach of the Quincecare duty, brought by the liquidators of Allen Stanford’s Ponzi scheme (Stanford International Bank Ltd (in liquidation) v HSBC Plc). Richard Coleman KC has a diverse practice, including acting in a number of cases involving judicial review in the banking space, while Nico Leslie is a standout junior for his work on high-profile banking disputes.