Rowan practices in two main areas – general commercial/civil law and public law. He has a busy domestic and international practice (including jurisdiction, conflicts and cross-border issues, international and EU law, advising and appearing in cases from a range of foreign jurisdictions, and appeals to the Judicial Committee of the Privy Council).
Rowan advises and acts in a range of civil and commercial matters, including insolvency, commercial chancery, trusts, and construction. Recent work includes appearing for the claimant in Ansaldo’s Townhouse Ltd v Sharrock Shand Ltd (2017) (Gibraltar Supreme Court: enforceability of an adjudication clause in an amended JCT construction contract); appearing for the successful respondent in Arawak Homes Ltd v AG of the Bahamas [2016] 1WLR 5214 (Privy Council, with James Guthrie QC: compulsory acquisition of property / commercial valuation); and advising in a financial regulator’s intervention into a major offshore insurance company (primarily dealing with the solvency capital requirements imposed under the EC Solvency II Directive (2009/138/EC); Regular advisory work for trustees / trust management companies (including off-shore) on issues such as variation of trusts, trustee's disclosure and confidentiality obligations, and beneficiary-trustee disputes.
Rowan’s public law practice includes judicial review and constitutional adjudication on a range of issues including planning, local government law, human rights, and immigration and asylum. Recent work includes Khan v Secretary of State for the Home Department [2017] EWCA Civ 424 (sole counsel in successful appeal to the Court of Appeal dealing with alternative remedies and discretionary relief in judicial review proceedings); Kaur et all v SSHD (Court of Appeal, 2017, lead a case challenging the legality and effectiveness and of out-of-country appeals against Home Office removal decisions (TOIEC cases, alleged deception)); Resisting an appeal on behalf of the government in United Policyholders Group and others v The AG of Trinidad and Tobago [2016] 1 WLR 3383 (Privy Council, with Howard Stevens QC: legitimate expectations and ‘promises’ made during a government bailout following the collapse of CLICO, the largest insurer in the Caribbean).
The English Bar Offshore
Rowan Pennington-Benton –3 Hare Court ‘Rowan’s greatest strengths are his extremely sharp mind and his uncanny ability to quickly and accurately identify the key points in any case. He is an outstanding advocate.’