Barristers
Rowan Pennington-Benton
- Phone020 7415 7800
- Email[email protected]
Position
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).
Career
Qualified 2008, Middle Temple. Previously: Judicial Assistant at the UK Supreme Court I Judicial Committee of the Privy Council; research assistant at the Law Commissions (public law team); teacher of administrative law at Queen Mary University and the University of Essex, and criminal law at LSE.