Alison is a commercial silk with particular expertise in insurance and reinsurance, professional negligence, and professional regulation including conduct and discipline. Alison’s recent court appearances include: Cohen v Lorrells LLP & Anr [2019] EWHC 32 (QB); Dorairaj v Bar Standards Board [2018] EWHC 2762 (Admin); W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd [2017] Lloyd’s Rep IR 259, CA (with Colin Edelman QC); O’Connor v Bar Standards Board [2017] UKSC 78; Aspen Insurance UK Ltd v Adana Construction Ltd [2015] EWCA Civ 176 (with Colin Wynter QC).
4 New Square Chambers
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Practises across the range of chambers work, including commercial litigation and professional negligence, with a particular emphasis on cases involving barristers and solicitors, financial professionals and valuers. Increasing experience of insurance disputes. Reported cases include: Milton Furniture Ltd v Brit Insurance Ltd [2014] EWHC 965 (QB), Greene Wood McLean LLP (in administration) v Templeton Insurance Ltd [2010] EWHC 2679 (Comm), Patel v Air India Ltd and Anor [2010] EWCA Civ 443, Williams v Thompson Leatherdale [2008] EWHC 2574 (2009) PNLR 15, Taylor v Crotty [2006] EWCA Civ 1364; Daniels v Thompson [2004] EWCA Civ 307, (2004) PLNR 33; London Fire and Emergency Authority v Meritor and Renault [2003] EWHC 2411 (TCC) and Brown v Bennett [2001] 1 WLR 713.
Barrister specialising in professional indemnity, banking, employment, general commercial; insurance/reinsurance.
Anthony Jones has a broad practice in commercial law, international arbitration, insurance, professional liability, public international law, and human rights.
Anthony has extensive experience before domestic and international tribunals, with current and recent instructions before the Supreme Court, Court of Appeal, the European Court of Human Rights, the EU Courts, and ICSID arbitral tribunals, as well as in a range of offshore jurisdictions (Antigua, Barbados, the Isle of Man, and St Vincent and the Grenadines).
Anthony has recently acted in a number of important cases, led and unled, including the FCA litigation regarding business interruption insurance reponses to the Covid-19 pandemic, Re Edwardian Group Ltd [2018] EWHC 1715 (Ch) (a successful £140 million unfair prejudice petition), Khanty-Mansiysk Recoveries Ltd v Forsters LLP [2018] EWCA Civ 89 and [2016] EWHC 522 (Comm) (successful defence to a £75 million claim arising out of investments in Russia), R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] EWCA Civ 1020 and [2017] EWHC 1754 (Admin) (challenge to UK arms exports to Saudi Arabia), Wikimedia v Turkey (European Convention challenge to Turkey’s ban on Wikipedia), Hanan v Germany (case on extraterritorial application of the European Convention to drone strikes in Afghanistan), and C-458/19 P ClientEarth v European Commission (challenge to compliance of EU chemicals regulation regime with public international law).
Silk with a thriving practice centred on insurance, commercial, professional liability and civil fraud work. He acts for claimants and defendants in equal measure. Insurance work includes coverage disputes in all types of insurance, and subrogated recovery claims. Commercial work includes domestic and international contractual disputes in the courts and arbitrations. Professional liability work focuses on insurance brokers, financial advisers, solicitors, barristers, accountants, surveyors and mortgage brokers. Editor of the chapter on claims against insurance brokers in Jackson & Powell on Professional Liability.
Litigation, arbitration and dispute resolution in core areas: commercial, insurance, professional liability, financial regulation, chancery, costs and sports work. Conducts claims and defences in respect of very complex and high-value cases, across industries and professions. Often acts in claims by or against solicitors, barristers, accountants, financial service professionals and insolvency practitioners. Regularly appears in the Chancery Division and the Commercial Court. Has also acted in the Court of Appeal and the Supreme Court. Strong experience as sole counsel and as part of a larger team.
Ben specialises in professional negligence, construction and commercial litigation with particular expertise in cases involving construction professionals, solicitors, barristers, accountants, valuers and surveyors.
Ben is a specialist in professional liability, regulatory and disciplinary and commercial work. Much of his work involves claims or enforcement proceedings against accountants, actuaries, auditors, directors, finance professionals and lawyers following on from corporate collapse and breakdowns of corporate governance. In addition, Ben concentrates on general commercial litigation, arbitrations, banking, insurance (particularly coverage disputes) and claims arising from the pensions industry. He is appointed as a Senior Decision Maker for the Guernsey Financial Services Commission.
Benjamin is a commercial practitioner with a particular focus on construction and engineering, professional liability, and costs. He acts for and against various types of professional and has acted for multi-national construction companies including in arbitration and adjudication.
Practises in all core areas of chambers’ work, with a particular interest in commercial and property related matters and those involving a complex financial element. Recent instructions include several high value solicitors’ and valuers’ negligence claims involving alleged breaches of FSMA, architects’ negligence, various fraud claims (involving deceit, conspiracy, undue influence and Section 423 of the Insolvency Act 1986) and an offshore claim relating to the alleged maladministration of an investment scheme. Reported cases include Newcastle Airport v Eversheds [2014] 2 All ER 728 and [2013] PNLR 5, Jumani v Mortgage Express [2013] EWHC 1571 (Ch) and [2012] EWCA Civ 1544. Recent trials include a 5-day solicitors’ negligence claim (currently in the Court of Appeal) and Thompson v Foy [2010] 1 P&CR 16. Ben is also an advocacy trainer for Lincoln’s Inn and sits as a Deputy District Judge. Previously a corporate finance adviser at NM Rothschild & Sons.
Barrister with a common law and commercial practice, specialising in insurance related litigation. Also has a special interest in consumer law, and all issues connected with the practice and regulation of solicitors (including professional discipline, costs and assessment), litigation funders and credit hire and claims management companies.
Commercial litigation with particular emphasis on claims against professionals including solicitors, accountants, barristers, surveyors, engineers, insurance brokers, architects and financial advisers. A recent case was Lyons v Fox Willliams [2018] EWCA Civ 2347
Insurance particularly in relation to policy construction, coverage, the minimum terms of professional bodies, aggregation, fraud, misrepresentation and non-disclosure. A recent case was Various Claimants v Giambrone & Law [2019] EWHC 34 (QB).
Other areas include: automotive litigation involving classic and supercars, motor sports regulatory law, property damage claims and costs.
Formally accredited mediator and accepts instructions as an arbitrator.
Barrister specialising in professional liability, disputes concerning confidentiality, and insurance.
Barrister specialising in professional liability, insurance, mortgage and banking litigation, commercial litigation, and construction and engineering disputes. Chris’ professional liability practice focuses on claims brought against accountants, tax advisors, financial advisors, insurance brokers, lawyers, surveyors and valuers, property agents and construction professionals.
Clare’s practice encompasses the following main areas: professional liability, disciplinary, insurance and commercial litigation. At the cross over of her insurance and professional liability work come cases involving professional indemnity policies. Clare has advised both insurers and insureds on a variety of issues including policy interpretation, non-disclosure and fraud. Clare believes in taking a tough but commercial approach to litigation and relishes advocacy in all its forms.
Notable cases include:
Matthew v Sedman [2021] 2 WLR 1232: Supreme Court decision (Clare leading Nicholas Broomfield) regarding the calculation of the limitation period when the cause of action accrues at the stroke of midnight.
FCA v Arch Insurance [2021] AC 649: Supreme Court decision regarding the recoverability of business interruption losses arising out of the COVID-19 pandemic.
Allsop v Banner Jones Ltd [2021] 4 All ER 397: Court of Appeal decision considering the law of collateral attack.
De Sena v Notaro [2020] EWHC 1031: Clare (leading Hannah Daly) acted for accountants who succeeded in dismissing a multimillion pound claim following a three week trial.
Jenkins v JCP Solicitors [2019] PNLR 21: decision on the substitution of parties for the purposes of CPR 19.5.
Avondale Exhibitions Ltd v Arthur J Gallagher Insurance Brokers Limited [2019] Lloyd’s Rep IR 104: successful defence of a claim against a broker for failure to disclose material facts to insurers.
Costain v Tarmac Holdings Limited [2017] 1 Lloyd’s Rep 331: decision on the existence, and application, of an arbitration agreement in a construction contract;
Impact Funding v Barrington [2017] AC 73: Supreme Court decision on the interpretation of the trade debts exclusion in professional indemnity policies; and
Employers Liability Trigger Litigation [2012] 1 WLR 867: Supreme Court case concerning the proper interpretation of certain employers’ liability policies in mesothelioma cases.
Domestic and International construction litigation, dispute boards, arbitration, and mediation
Domestic and international commercial litigation and arbitration. Sports law. Public law.
David specialises in commercial insurance and reinsurance as well as professional indemnity and commercial product liability litigation; past and current cases include the FCA Business Interruption Insurance Test Case at first instance and in the Supreme Court; international arbitrations in relation to the reinsurance of a UAE health insurance programme and an excess of loss liability insurance programme; Swynson v Lowick Rose in the Court of Appeal and Supreme Court; Costain v Tarmac; an arbitration seated in Mumbai between insured and CAR/ALOP insurers arising out of the construction of a 12MMTPA oil refinery; Cyprus naval base explosion; Buncefield litigation; Little Wing Films litigation; AC Ward v Catlin; Doheny v New India Assurance; Blackburn Rovers v Avon Insurance; GNER v Avon Insurance.
Since taking silk in 2006, David has continued to focus on his core areas of professional negligence and commercial Chancery work. He particularly relishes the challenge of acting for or against professionals in areas which call on his expertise in the underlying issues of property, company law, insolvency and accounts. He has wide experience of both litigation and mediation, as well as advisory work. He sits part-time as a deputy High Court judge in the Chancery Division, is a Bencher of Gray’s Inn and an advocacy trainer for the Inn and has chaired disciplinary tribunals for the Bar Standards Board. He has been called to the Bar of Gibraltar
Broad practice encompassing (i) commercial litigation and arbitration, (ii) sports law, (iii) insurance / reinsurance, (iv) professional liability and (v) construction. Diarmuid also accepts instructions in public / human rights law claims and was part of the counsel team in the landmark Supreme Court case of R v Jogee [2016] UKSC 8. Recent experience includes acting in a number of High Court civil fraud claims against professional advisers, and successfully representing a professional athlete before an arbitral panel against a charge of possession of a prohibited substance. Diarmuid regularly appears unled before the High Court, County Court and Sports disciplinary panels, and has experience of running substantial construction adjudications.
George’s practice falls into five principal areas: Commercial litigation, international commercial arbitration, financial services, professional liability claims and disciplinary work. His experience of commercial work encompasses a wide variety of disputes – ranging from construction claims, insurance and reinsurance matters, banking claims to civil fraud. He has significant experience of international work and has acted in several arbitrations in the Middle East in recent years as well as acting in a number of arbitrations in Europe, South-East Asia, and elsewhere. George’s expertise in the context of professional liability work focusses on accountants and auditors’ negligence and solicitors’ negligence – especially in the context of financial services and commercial transactions.
George has extensive experience of commercial disputes with a real focus on construction, international arbitration and costs. George acts on substantial domestic and international claims, which recently include multiple disputes arising from three separate PFI contracts (worth £2billion, £6billion and £800 million) for the management of road networks, major motorways and a waste management facility, a complex arbitration claim worth in excess of £100million relating to a nuclear facilities construction project, and disputes relating to novel cheque scanning facilities for the whole of the UK. In costs, George has been instructed as sole costs counsel on some of the seminal costs cases and has particular experience of group litigation. Recent costs cases include for the Mirror Newspaper in the phone hacking litigation, in the Mau Mau litigation against the UK Foreign Office, for hundreds of claims by army personnel for hearing loss, one of the largest product liability claims relating to defective hip implants, and for 365 local authorities in the substantial “property searches” litigation.
Principal areas of practice are (1) professional liability (in particular claims involving accountants and auditors, solicitors and barristers, financial service professionals and sports agents), (2) professional discipline (3) sports law and discipline, and (4) commercial litigation, including insurance & finance services litigation. Recent important cases include: Professional Liability & Commercial: Coulthard v Neville Russell (CA) [scope of auditors' duty of care]; Barex Brokers v Morris Dean (CA) [scope of valuers' duty of care]; Flannery v. Halifax EA (CA) [duty of judge to give adequate reasons]; IAICL v Cook (CA) [scope of auditors' duty of care]; University of Keele v PWC (CA) [construction of exclusion clause in accountants' retainer]; Keydon Estates v Eversheds (Ch) [damages for loss of hypothetical profit]; Glyn v McGarel-Groves (QB) [scope of treating and supervising vets’ duties]; Shawton Engineering v DGP (CA) [scope of PII cover provided by a design & build policy]; Hickman v Blake Lapthorn (QB) [duties of barrister when advising on settlement]; Sunderland Mutual Marine v Wiseman (Comm) [conflict of laws within UK]; Hedrich v Standard Bank (CA) [wasted costs; duties to court]; Fulham Leisure Holdings v Nicholson Graham Jones (CA) [claim arising from sale of Fulham AFC]; Kidsons v Various Underwriters (CA) ['notification' under a PII policy]; Webster v Sandersons (CA) [damages for reflective loss]; Gill v Humanware (CA) [wasted costs jurisdiction in ETs]; Spreadex v Barnes (Ch) [claim arising from drafting of a gambling arrangement]; Fonexco v Manches (QB) [obligations of a solicitor in a jurisdiction race]; Zurich v Brown & Barnes (Ch) [construction of Solicitors MTCs]; Thomas v Capita (Ch) [film finance litigation]; Mengiste v EFFORT (CA) [recusal of Judge; wasted costs]; Baxter v Howreys (Comm) [claim arising from mishandled litigation]; Redstone Mortgages v B Legal (Ch) [solicitors' obligations towards mortgagee client]; AIB v Mark Redler & Co (SC) [breach of trust against solicitors; measure of compensation]; Platform v Persimmon (Ch) [claim in fraudulent misrepresentation]; Marrache v Baker Tilly (Gib SC) [scope of ex turpi causa defence]; Standard Life v Collins (Comm) [claim against director]; MEX v Hindle Campbell (Ch) [group litigation against solicitors said to have been involved in conspiracy to conduct mortgage fraud]; Dewey & Lebeouf v Kerself (Comm) [obligations of corporate solicitors handling an overseas bond issue]; Re Duff & Phelps (Comm) [collapse of Rangers FC]; Re Deep Purple (Ch) [recovery of stolen royalties]; Fincantieri v Clyde & Co (TCC) [failed arbitration over construction of a mega-yacht]; HGF v Goodman Derrick (Comm) [litigation over sale of an Impressionist masterpiece]; Harding Evans v Spencer-White (CA) [scope of solicitors lien; implication of terms of ‘trust & confidence’]. Sport: Nicky Henderson, Aidan O’Brien, Howard Johnson, CASELA PARK, Jim Boyle, Mahmood Al Zarooni, Gerard Butler, Jim Best, Grand National 2014, Bradley & Powell; 2015 St Leger appeal (BHA Disciplinary Panel & Appeal Board) [corruption, doping, sporting disrepute]; Whittaker (FEI Inquiry) [doping]; Mullins v Jockey Club (Admin Ct) [amenability of sporting bodies to judicial challenge]; Arachi v Fallon (CA) [injunction to prevent jockey from riding in Derby]; Burton v British Shooting (Sports Resolutions) [Olympic selection dispute]; Sports Mantra v Force India (Ch) [F1 sponsorship dispute]; Various athletes [IAAF & CAS) [doping]; Various rugby players (RFU & WR) [doping, disciplinary]; Pelosi v WBA FC (QB) [injunction to stay litigation to a Rule K arbitration]. Professional Discipline: RCVS v Jones & RCVS v Auerbach (RCVS Disciplinary Panel) [disgraceful conduct]; BSB v McCarthy & BSB v Thornhill QC (Bar Disciplinary Tribunal) [dishonesty, misconduct]; Hedrich v Standard Bank (CA), Gill v Humanware (CA), Mengiste v EFFORT (CA) [wasted costs]; FSA v Miller (FCA); GFSC v Several Individuals (GFSC) [Financial Services Regulation].
Specialises in the fields of commercial, offshore and professional liability, covering the full range of claims against professionals; other areas include insurance, banking and financial services, IT.
Barrister specialising in professional liability, disciplinary, insurance (including policy and coverage), fraud and property-related work. Helen’s professional negligence practice focuses on solicitors, barristers, accountants, auditors, insurance brokers/agents, IFAs, surveyors and valuers (and includes substantial fraud claims and freezing injunctions). Helen is experienced in multi-party and group litigation.
Barrister specialising in professional indemnity litigation. Cases: Wetherspoons v Harris [2013]; UCB v Soni [2013]; Paratus v Countrywide [2011]; Boycott v RWPS [2011]; Goldsmith Williams v Travelers [2010]; Youlton v Charles Russell [2010]; Wetherspoons v Van de Berg [2007] and [2009]; Miller v Garton Shires (a firm) [2007]; Mishcon de Reya v Barrett [2007]; Fulham v Nicholson Graham & Jones [2006]; St Paul Travelers v Okporuah [2006]; Ball v Druces & Attlee [2002]; A v National Blood Authority [2002]; Haq v Singh [2001]; Havenledge v Graeme John [2000]; Bacon v Howard Kennedy [1998].
Hugh is ranked as a leading junior in construction, engineering and technology disputes. He also has significant experience in associated fields including professional negligence, insurance, bonds and guarantees, public procurement, injunctions, and insolvency. Although he is usually instructed as sole counsel, Hugh is often led (by silks both inside and outside chambers) and he is increasingly instructed to lead more junior counsel on significant matters. As a TECBAR-accredited adjudicator, Hugh has also been appointed to adjudicate in statutory and contractual adjudications.
Hugh regularly appears before the High Court (particularly in the TCC) and the County Court. He also has extensive experience in adjudications (including enforcements in the High Court) and in domestic and international arbitration. Hugh has acted for clients around the world, including in the Caribbean, China, Europe, Kazakhstan, South Africa, Turkey and throughout the Arabian Peninsula, both on matters within the UK and within their own jurisdictions.
Principal areas of practice are professional liability (with particular emphasis on auditors and accountants, lawyers and insurance brokers), insurance, disciplinary & regulatory matters and commercial fraud. Notable cases include: Powis v Wallace LLP [2021] PNLR 5 (claim against solicitors concerning overage agreement); Holgate v Addleshaw Goddard (Scotland) LLP [2019] PNLR 32 (conflict of law issues in professional negligence); IAP v Rosser [2018] BCC 751 (dishonest assistance claim against solicitors); R (Lewin) v. FRC [2018] 1 WLR 2867 (duty of fairness in FRC disciplinary proceedings); and, IEGLv Zurich [2016] AC 509 (SC) (EL insurer’s liability for mesothelioma claims under Fairchild doctrine).
Jonathan has an international and domestic practice focusing on public international law, international arbitration, international criminal law and European law.
Jonathan acts as counsel in cases before international courts and tribunals (ICJ, ECHR, international criminal tribunals, LCIA, ICC, UNCITRAL etc.) and litigation before the English courts (High Court, Court of Appeal and Supreme Court). He also frequently acts as adviser to Governments and sub-State entities during complex international negotiations, peace processes and other high stakes international law advisory projects.
Jonathan is a Visiting Lecturer in public international law at King’s College London. He is a former Assistant Legal Adviser at the Foreign & Commonwealth Office and a leading expert in the peaceful resolution of major international and non-international armed conflicts.
Principal areas of practice are: insurance / reinsurance; professional liability; commercial and consumer law; administrative law (including inquiries). Insurance work ranges from substantial coverage disputes to litigation and arbitration between insurers, reinsurers, brokers and coverholders. Professional liability practice covers mainly solicitors, barristers, financial professionals, insurance brokers and surveyors / valuers. Public law practice includes judicial review and advisory work covering local government, professional discipline and commercial regulation. Special expertise in the law relating to public inquiries and inquests, and experienced as counsel to the inquiry (recently, inquests concerning terrorist attacks at Westminster Bridge, London Bridge, Fishmongers’ Hall and Streatham Hill, and the Hillsborough Disaster). Important recent cases include: R (Maughan) v Oxfordshire Coroner [2021] AC 454; Chief Constable of West Yorkshire v Dyer [2021] 1 WLR 1233; Skatteforvaltningen v SCP [2020] 4 WLR 98; Euro Pools plc v RSA [2020] 2 All ER (Comm) 40; PM Law v Motorplus [2018] EWCA Civ 1730; Accident Exchange v McLean [2018] 4 WLR 26; Weir Services Australia v AXA CS [2018] Lloyd’s Rep IR 50; McBride v UK Insurance [2017] Lloyd’s Rep IR 352; Denning v Greenhalgh Financial Services [2017] PNLR 19.
Justin Fenwick came to the Bar in 1981 and was appointed QC in 1993 (the most junior member of the Bar to be appointed as Silk in the 1993 list). He has sat as a Judge in both civil and criminal cases, having been made an Assistant Recorder in 1994, a Recorder in 1999 and a Deputy High Court Judge (Chancery and Queen’s Bench Division) in March 2003. He was appointed a Deputy Judge of the Administrative Court in 2008. He was Head of Chambers at 4 New Square between 2000 and 2005 and has been a Bencher of the Inner Temple since 1997 and was Chairman of its Investment Sub-Committee between 2004 and 2011. He was Chairman of the Bar Mutual Indemnity Fund (the Bar’s own Mutual Insurer) from 1999 until 2013. He was a Commissioner and in due course Deputy Chairman of the Royal Hospital Chelsea (home to the Chelsea Pensioners) between 2011-2017 where he sat on the Remuneration Committee and the Nominations Committee. He has an extensive offshore and international practice involving court appearances in Singapore, Hong Kong, Dubai, BVI, Cayman, Bermuda, St Vincent and Nevis.
Kendrah was called to the Bar after working as a solicitor for eleven years. She spent eight years at Freshfields Bruckhaus Deringer, where she gained broad experience of High Court litigation, international arbitration and multi-jurisdictional disputes. She was a Partner and Head of Litigation at Onside Law before joining Mishcon de Reya as a Legal Director.
Kendrah has a broad commercial practice, advising on disputes across a wide range of industries. Many of her cases involve allegations of fraudulent conduct and have an international aspect.
Kendrah is instructed to act on high profile disputes in the sports industry representing athletes, clubs, sports governing bodies and agents before domestic and international tribunals and courts. Kendrah represents clients in disciplinary proceedings (including charges of match-fixing, doping and bringing the game into disrepute), as well as on commercial disputes.
In 2014 Kendrah was Legal Counsel to the international commission established by the Union Cycliste Internationale to investigate doping and related allegations of corruption and mismanagement in cycling. She also undertook a secondment to the London Organising Committee of the Olympic Games and Paralympic Games where she was the lead lawyer on sports integrity and anti-doping. Kendrah was appointed to the Challenge Panel advising the UK Government on its review of UK Anti-Doping in 2017.
Kendrah is on the arbitration and mediation panels of Sport Resolutions, the British Equestrian Federation and Union Cycliste Internationale. She is also an editor for LawInSport.
Lucy specialises incommercial litigation, with an emphasis also on construction and professional liability work.
Barrister practising in commercial litigation, international arbitration, professional liability, construction and public law.
Mark Cullen is a barrister at 4 New Square Chambers specialising in commercial litigation, with a particular focus on civil fraud, offshore work and professional liability claims.
Commercial and commercial chancery litigation & arbitration, including: commercial contract disputes; company, partnership & insolvency law; civil fraud, conspiracy & economic torts; product liability; professional liability; offshore work; banking & financial services; energy & natural resources; jurisdiction & conflicts of law disputes; shareholder disputes, including employment/shareholder crossover claims; restrictive covenant & confidential information disputes; fiduciaries.
Recent notable cases include: Palmer Birch v Lloyd [2018] 4 WLR 164 (conspiracy & economic torts); Ang v Reliantco Investments Ltd [2019] 3 WLR 161 (jurisdiction challenge); Goknur v Organic Village Ltd [2019] EWHC 2201 (product liability & deceit); LCIA arbitration in Russian oil and gas sector; Kupeli & Ors v Kibris Turk Hava Yollari Sirketi [2018] 4 All ER 434; [2019] 1 WLR 1235 (trial of test claims); Pilgrim Rock Ltd v Iwaniuk [2019] GCCR 17013 (unfair relationships under Consumer Credit Act 1974); Trusts dispute re BVI/Cayman/Curaçao trust companies; Combination Hip Prosthesis Litigation (Product Liability).
Commercial litigation and arbitration, professional liability, construction and insurance.
Barrister specialising in general Chancery and commercial litigation (encompassing real property; landlord and tenant; company law & insolvency, private client, professional negligence).
Professional negligence, insurance, commercial, property damage, disciplinary, mediation.
Murray Rosen QC is an international arbitrator (qualified FCIArb) and mediator (accredited by CEDR and ADR Group).. He also sits as a deputy High Court judge and Isle of Man deemster, mainly in Chancery.
Barrister specialising in commercial litigation, insurance and professional negligence. He appears regularly in the High Court, particularly in the Commercial Court, TCC and Chancery Division, and in arbitration proceedings. He has substantial appellate experience in the Court of Appeal. He has expertise in all aspects of insurance/reinsurance, acting for both insurers and insureds. In the commercial field he focuses particularly on commercial fraud, including claims for misappropriation of corporate assets, and is regularly instructed in relation to matters requiring urgent interlocutory relief. In professional negligence his work covers lawyers, insurance brokers, construction professionals, surveyors and accountants. He edits the chapter on surveyors in Jackson & Powell on Professional Liability.
Nicholas Bacon is a leading silk in his specialised field of costs. He dominates this market with a hugely impressive bank of leading cases to his name.
2020/2021 has been no exception with two Supreme Court Cases: Ho v Adelekun [2021] UKSC 43 and Bott & Co Solicitors v. Ryanair [2019] EWCA Civ 143. Appearances in the Court of Appeal and High Court include: Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB); Patourel v. BT Group PLC (CAT) [1381/7/7/21]; JSC Privatbank v. Kolomoisky Claim No: BL-2017-000665 £10 million pound costs claim involving use of new electronic bill of costs and requirements for compliance with rules, Part 18 requests in detailed assessments. VW Emissions class action [2018] EWHC 2308 (QB) (costs); Trucks Class Action (Competition Appeal Tribunal); Merricks v. Mastercard Cat 2019. Appellate cases include West v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220; Herbert v. HH Law Ltd [2019] EWCA Civ 527; Budana v Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 (the leading case on assignment of solicitors’ retainers), Gempride Ltd v. Jagrit Bamrah [2018] EWCA Civ 1367 (leading case on misconduct in costs claims); McMenemy v Peterborough & Stamford Hospitals NHS Foundation Trust [2017] EWCA Civ 1941 (recovery of ATE insurance in clinical negligence cases post Jackson); Hislop v. Perde [2018] EWCA Civ 1726 (Part 36 and late acceptance consequences in fixed costs cases).
Other Supreme Court instructions include: Coventry v. Lawrence (Bar Council) [2015] 1 WLR 3485; Wyatt v. Vince (costs) [2015] 1 WLR 1228; Marley v. Rawlings [2015] AC 157, [2014] UKSC 51.
Other significant Court of Appeal cases include Sharpe v. Leeds City Council [2017] EWCA Civ 33; Qader v. Esure Services [2016] EWCA Civ 1109; Ahmud & Co v. MacPherson [2015] EWHC 2240; O’Brien v. Michael Shorrock and MIB [2015] 4 Costs LO 439; Kanat Assaubayev v. Michael Wilson & Partners [2015] CP Rep 10; [2015] PNLR 8; News Group Newspapers in the seminal case of Mitchell v. NGN (“plebgate”) 2013 CA; Brown Quinn v. Equity Management, 2013 CA; Heron v. MTG, 2013 CA.
High profile clients include Berezovsky in respect of the multi million pound costs claim brought by Mr. Abromovic, Shell and BP Oil, and Newsgroup Newspapers in respect of the Voicemail Interception litigation. Nick was instructed to recover the costs in the failed Bernard Madoff Securities Int Ltd “Madoff” claim in 2014.
Nick has a broad commercial practice with particular emphasis on property and mortgage related disputes (including lender claims and title rectification issues), professional liability claims (including claims against lawyers, valuers and accountants), commercial litigation, engineering and construction disputes (including claims against construction professionals), matters of insurance and re-insurance and sports work.
Arbitrator specialising in finance and banking; joint ventures and shareholders’ agreements; oil and gas; power and energy; pharmaceuticals and construction.
Barrister specialising in professional liability, construction and commercial litigation.
Nicole Sandells specialises in unjust enrichment, civil fraud, and equitable remedies and recoveries, with an emphasis on banking, trusts, real property and mortgage litigation, within a practice that encompasses most areas of Chancery/commercial work. She represented the successful parties in the Supreme Court in Scott v Southern Pacific - the North East Property Buyers Litigation (overriding interests in a fraud context), AIB v Redler (trust accounting and quantum in breach of trust) and Swynson v Lowick Rose (unjust enrichment, subrogation and res inter alios acta). In a small sample of her Court of Appeal cases, she acted for the successful banks in NRAM v Evans (2017 – rectification for mistake and land registration), Mortgage Express v Lambert (2016 - overreaching, overriding interests and unconscionable bargains), Bank of Scotland v Joseph (2014 - subrogation, unilateral notices and priority in registered land), and Lloyds TSB v Markandan & Uddin (2012 - the application of trust law to solicitors in the context of mortgage fraud). Nicole is particularly experienced in, and successful at, applying equitable and restitutionary remedies to maximise asset recoveries. A number of her first instances cases are cited as precedent in major textbooks. She has advised in various Caribbean jurisdictions in the context of a number of high-profile failed banks and insurance companies and was called to the Bar of Antigua to represent the liquidators of Stanford International Bank before the Court of Appeal of the Eastern Caribbean Supreme Court. Nicole is at her best when dealing with complex and difficult issues of law and has been notably successful in her appellate advocacy in the Court of Appeal. Her clients include a number of major lending institutions, international banks, charities, liquidators and insurers as well as high net worth individuals.
Specialist in commercial Chancery litigation, company and insolvency, pensions and related professional negligence claims. Reported cases include: Armstrong & Holmes Ltd v Holmes; McDonalds Restaurants v Urbandivide Co Ltd; Re Highway Foods International Ltd; Re Doreen Boards Ltd; Allen v Rochdale BC; Skeavington v Bradder; Kenburgh Investments (Northern) Ltd v David Yablon Minton; Taree Holdings v MacDonald; Hearn v Younger; Balfron Trustees Ltd v Petersen; Hearn v Bell; Garlick v Toray Textiles Europe Ltd; Alexander Forbes Trustee Services Ltd v Clarke; Greenwold v Greenwold; Lediaev v Vallen; Grievson v Grievson; Taylor v Saunders; Page v Champion Financial Management Ltd.
Patrick Lawrence specialises in commercial litigation. He has great experience in the field of claims against professionals (in particular, auditors, lawyers, other professionals operating in the financial sector, and valuers). He has appeared in many leading cases at appellate level. He practises in various offshore jurisdictions. Reported cases in 2020-21 involve high value claims against lawyers; ability of insurer to avoid for non-disclosure of criminal proceedings; the doctrine of merger in the context of declaratory proceedings; payment on incorporation for subscriber shares; and a number of professional misconduct hearings.
Senior barrister and market-leading specialist in construction, engineering and technology disputes, as well as other commercial disputes, in relation to national and international projects and transactions. Paul appears as counsel in some of the world’s largest disputes in ICC, UNCITRAL and other international arbitrations and dispute boards, as well as in national litigation, arbitration and adjudication proceedings (e.g. recently establishing new case law on extensions of time under English law in the High Court and Court of Appeal). Paul has deep sector experience in respect of the design and construction of new-build nuclear power plants, as well as in the power sector more generally, oil & gas projects, and other large infrastructure projects. In addition to dispute resolution advice and representation, Paul has extensive experience advising clients on the drafting, negotiation and administration of contracts and appointments in relation to national and international construction projects. Associated with this, Paul has been an active member of the Joint Contracts Tribunal’s Council for approximately 15 years, which is the leading publisher of standard forms of construction contracts in the UK, and is a long-standing member of the Construction Committee of the City of London Law Society (in which Paul co-authored the standard form and guidance note for novation agreements).
Barrister developing a practice in all aspects of professional liability and general commercial law. Paul has a great depth to his professional liability work, with experience of actions against solicitors, accountants, construction professionals and auditors. Paul has a particular interest in, and experience of, disputes surrounding interest rate hedging products and tax mitigation schemes. He is an experienced junior advocate undertaking a wide range of common law work including general commercial, landlord and tenant, mortgage repossession and leasehold valuation tribunal hearings. Paul is developing a public law practice.
Professional liability, chancery commercial, malicious prosecution
Barrister specialising in professional negligence, professional discipline, insurance, general chancery and commercial; major cases include Wood v The Law Society [1993] TLR 435: no duty of care owed by The Law Society in regulatory capacity; Nationwide Building Society v Lewis [1998] Ch 482: no liability of salaried partner without reliance; In re a Firm of Solicitors [1999] PNLR 950: conflicts of interest and chinese walls; R v PIA Ombudsman Bureau Ltd ex p Davies Walters & Assocs Ltd [2001] EWHC Admin 1159: challenge to vires of pension review award; 1st Property Finance Ltd v Martin & Haigh [2006] PNLR 29: solicitors, meaning of ‘completion’ in conveyancing; Marsh v Sofaer [2006] EWCH 1217 (Ch): solicitors, wasted costs; Hooper v Biddle & Co [2006] EWCH 2995 (Ch): incidence of costs on compromise of exaggerated claim; Rind v Theodore Goddard [2008] PNLR 24: duty of care and limitation in failed IHT avoidance scheme; Angel Solicitors v Jenkins O’Dowd & Barth [2009] 1 WLR 1220: enforceability of solicitors’ undertakings; Yechiel v Kerry London Ltd [2010] Lloyd’s Rep. I.R. 295: insurance claim shown to have been falsified on the facts; Crabtree v Ng [2011] EWCA Civ 1455: stage 1 wasted costs order quashed; Webb Resolutions v Waller Needham & Green [2012] EWHC 3529 (Ch): costs, effect of Protocol non-compliance on efficacy of Part 36 offer; Makar v Russell Jones & Walker [2012] EWHC 3681 (Comm) & [2012] EWHC 3668 (Comm): strike-out and CROs; Nationwide BS v Davisons [2012] EWHC 1118 (QB) & [2013] PNLR 12: solicitors’ liability for breach of trust; SRA v Emeana [2013] EWHC 2130 (Admin): disciplinary interface between dishonesty and lack of integrity; Phillips v Aldridge & Brownlee (2013) (Ch): rectification of deed of transfer; Ralph Lauren Europe SARL v Butcher (2014) (QB Comm): fraud, freezing orders; Cambr Ltd v Edwards (2015) (QB): summary judgment, ordinary course of business of accountants.
Pippa has a broad commercial practice evenly spread across commercial disputes; professional liability; costs; and sports work. She is regularly instructed in highly complex, multi-jurisdictional disputes both on her own and as part of a team of barristers. She commercial work includes fraud, banking, shareholder and sale of goods disputes. Her professional liability work encompasses claims both for and against the full range of professionals. She has particular expertise in claims for and against accountants, auditors and tax advisers. Her sports work includes disciplinary matters; anti-doping; corruption; governance and selection disputes. She is regularly instructed for athletes; clubs; and governing bodies. Pippa’s costs practice involves a roughly equal balance of inter partes and solicitor-client disputes raising issues across the whole spectrum of costs law.
Richard practises predominantly in the fields of commercial, professional negligence, and public and governmental law.
Rick took silk in 2020. He has a wide-ranging practice with particular experience and expertise in: (i) commercial litigation & international arbitration (ii) construction & engineering (iii) professional liability and (iv) sports law.
Many of Rick’s cases have an international dimension and he is frequently instructed in disputes in the Middle East before the DIFC Courts (where he has rights of audience) and in arbitrations.
In addition to acting as an advocate and adviser, Rick is also regularly appointed as Arbitrator.
Rick has been involved in numerous high-profile court cases, including Aspect v Higgins (first ever case on construction adjudication to reach the Supreme Court), Mengiste v Endowment Fund (CA) and The Innovator Litigation (substantial multi-party Commercial Court litigation).
Rick is involved in a number of high-value ICC and LCIA Arbitrations with seats in Dubai, Paris, London and Abu Dhabi Global Market (ADGM) with the subject matters ranging from construction to insurance coverage disputes to sports law.
He has also a busy sports practice with his cases spanning the following sports: athletics, basketball, boxing, eventing, football, horseracing, ice hockey, lacrosse, rowing and rugby. He has appeared in the Court of Arbitration for Sport (CAS) and has particular expertise in case involving doping issues.
Robert Marven is a specialist in all areas of costs law. He is also an expert on the law concerning the funding of litigation. He has been instructed in a range of high profile cases in the Supreme Court, the Court of Appeal, the High Court, the Senior Courts Costs Office and the County Court. Robert also has considerable experience in mediating costs and related disputes both as a representative and as a mediator. Robert’s practice includes: costs issues arising from high value litigation; conditional fee agreements and contingency fee agreements; commercial funding for substantial disputes; costs budgeting and funding for major group litigation; legal expenses insurance and ‘after the event’ insurance; fixed costs; costs budgets and estimates; costs capping; as well as wasted and non-party costs orders. Robert acts for a wide range of clients including PLCs and public bodies, solicitors, major insurers, funders, claims management companies and individuals. He is often brought into major litigation to advise and to present submissions on specific costs issues. Robert provides strategic advice on matters of commercial importance to insurers, solicitors and others involved with the management and funding of litigation. His cases include: Davey v Money [2019] Costs LR 399; JLE (A Child) v Warrington and Halton Hospitals NHS Foundation Trust; Kupeli v Cyprus Turkish Airlines & Atlasjet [2018] 4 All ER 434; Hanley v JC&A Solicitors [2018] 4 Costs LR 693; Parvez v Mooney Everett Solicitors Ltd [2018] 1 Costs LO 125; Surrey v Barnet and Chase Farm Hospitals NHS Trust [2018] 1 WLR 5831; Plevin v Paragon Personal Finance Ltd (No 2) [2017] 1 WLR 1249; EMW v Halborg [2018] 1 WLR 52; Harrison v Eversheds LLP [2017] 5 Costs LR 931; Cashman v Mid Essex Hospital Services NHS Trust [2015] 3 Costs LO 411; Broni v Ministry of Defence [2015] 1 Costs LR 111; Tasleem v Beverley [2014] 1 WLR 3567; Ultimate Products Ltd v Woolley [2014] 5 Costs LO 787 and [2014] EWHC 1919 (Ch); Light on Line Ltd v Zumtobel Lighting Ltd [2013] 1 Costs LR 129; Letts v Royal Sun Alliance plc [2012] 3 Costs LR 591; Joyce v West Bus Coach Services Ltd [2012] 3 Costs LR 540; Legal Services Commission v F [2011] 5 Costs LR 740; Rybak v Langbar International Ltd [2011] PNLR 16; Sulaman v Axa and Direct Line [2010] 3 Costs LR 391; Tankard v John Fredericks Plastics Ltd [The Accident Line Protect test cases] [2009] 1 WLR 1731, [2009] 4 All ER 526; Crane v Canons Leisure Centre [2008] 1 WLR 2549, [2008] 2 All ER 931, Days Healthcare UK Ltd v Pihsiang Machinery Manufacturing Co Ltd [2006] 4 All ER 233.
Practice areas
International and offshore litigation
International arbitration
Construction, engineering and energy
Professional liability
Commercial dispute resolution
Information technology
Professional discipline
Insurance & reinsurance
Art & cultural property
Career summary
Roger is a leading commercial silk with almost 40 years’ experience working as an advocate and arbitrator on high value, complex disputes around the world.
“The go to person for big disputes and superb on his feet,” Roger specialises in construction, insurance, IT, professional negligence and professional discipline. He is known as a major player in international arbitration circles both as arbitrator and as counsel for commercial and construction arbitration work. A very large part of his practice relates to international/offshore disputes.
Roger is known for his ability to lead large teams of lawyers and experts as well as appear as Co-Counsel.
Roger is a Recorder and appointed to sit in the Technology and Construction Court. He is also a part-time judge in the Court of Appeal in the DIFC. A former head of chambers, he is also one of the three general editors of Jackson & Powell on Professional Liability.
Costs and civil procedure, professional negligence (including clinical negligence), solicitors regulatory, commercial.
Barrister, 4 New Square Chambers
Samuel has a broad practice with particular specialisms in Commercial Law, Professional Liability and Sports Law.
Samuel has a strong High Court commercial practice, regularly appearing in complex trials, appeals and interim applications. He has acted in a number of multi-million pound contractual disputes, and regularly acts in injunction proceedings. As sole counsel, Samuel recently secured a freezing order over £55m of assets. Samuel has experience of highly technical contractual disputes and he has appeared in cases involving civil fraud, misselling, and associated committal applications. Samuel is currently instructed in a significant dispute concerning wilful concealment. He has also acted in several High Court insolvency matters as well as in contempt applications, both areas often overlapping with his injunctions practice. Samuel was also recently instructed as junior counsel in a High Court dispute relating to the victims of modern slavery and human trafficking brought as a claim for unlawful means conspiracy. Samuel is equally comfortable being instructed both as led junior counsel and in his own right.
Samuel has expertise in Sports Law, in which he is described by Legal 500 as “a real star of the future”. Samuel regularly acts on behalf of athletes, clubs, and national governing bodies. Samuel is instructed in CAS proceedings, rule K arbitrations, and sporting appeals. Notably Samuel has appeared in front of FA Appeal Boards, and FIBA Appeal Boards. He is currently instructed in several ongoing anti-doping prosecutions, financial regulatory disputes, and a number of high-profile safeguarding matters before arbitral panels and in the High Court. Samuel recently acted in High Court proceedings following the transfer of Emiliano Sala, and was also counsel for the National League in Southend FC’s appeal against the imposition of a £1m bond. Samuel is currently representing an international football player in relation to betting charges. Samuel’s commercial and sports practices frequently overlap and he is often instructed to advise sports clients, including both clubs and players in the premier league, in relation to commercial disputes.
Samuel has considerable experience in complex and high value professional liability claims. He is currently instructed as junior counsel in a claim against a law firm for €213m following advice on the purchase of a bank. He is also junior counsel in a large professional negligence claim against a solicitors firm accused of mismanaging a book of property damage claims. Samuel’s work in this area benefits from his strong commercial understanding, and he is well experienced at dealing with technical arguments such as jurisdiction, limitation, and policy coverage.
Experienced in professional indemnity, commercial litigation, insurance work, construction disputes, disciplinary and regulatory disputes, general Chancery work and information technology disputes.
A commercial litigation barrister with experience in financial services, insurance, professional indemnity and costs. Shail also acts in construction and property damage cases.
Siân Mirchandani QC has established a broad commercial practice encompassing construction/engineering, professional liability claims, insurance and disciplinary claims in court proceedings, arbitrations and adjudications.
Siân has a particular interest in disputes involving construction, IT, technical and scientific elements and this has led to a strong construction/engineering practice and wide ranging experience in regulatory and experimental product testing claims.
Prior to her successful first application for silk in 2018, Siân was recognised as a Leading Junior by the directories for Construction, Professional Negligence and Disciplinary.
In Legal 500, 2019 Siân is described by her clients as “an excellent advocate – tenacious and extremely detailed, identifying potential problems and arguments even before they arise” and “tremendously bright, has a tenacious eye for detail, and brings a new level of strategic thinking to the table”.
In Chambers & Partners, 2019, Siân has been commended for her approach to her cases: “She is very competent and thorough and hits the right points in the right places”, “extremely responsive wherever she is and whatever the time zone. She has a very reassuring demeanour that instils confidence all round”, “proactive, helpful” and “someone who prepares the case very well”.
Who’s Who Legal, 2019 says: “Siân Mirchandani QC is recognised for her superb professional negligence practice.”
Winner of Chambers & Partners ‘Professional Negligence Junior of the Year‘ 2015. Previous directory comments from clients have included “My default senior junior” “She can cut through the complex very quickly and She’s very strong on complex matters.” and “She really gets into the detail and owns a case”. Clients have described Siân as having “a sharp mind and excellent attention to detail”, and reported that “she is excellent – very pleasant to deal with and extremely robust and effective for her clients.” and “a very effective, hard-working practitioner with an eye for detail and the ability to present a highly persuasive argument” and “The great thing about her is that on every occasion her advice is strong, firm and consistent, which allows us to get an excellent settlement.” and “Very bright, robust, dedicated and thorough”.
Siân has wide and considerable experience of professional liability claims, including claims against accountants and auditors, architects, building inspectors, engineers, financial services professionals, insolvency practitioners, insurance brokers and agents, lawyers (solicitors and barristers), surveyors and valuers, receivers, land management agents, farm management agents, estate agents, clinicians and veterinary surgeons. Siân is a TECBAR accredited adjudicator.
Siân also has considerable experience of professional disciplinary tribunals (particularly architects and building inspectors), arbitrations, adjudications and mediations. Having qualified from Cambridge University as a veterinary surgeon in 1992, Siân worked in academic and general practice as a veterinary surgeon before coming to the Bar and joining Chambers in 1998.
Simon has a specialist costs & litigation funding practice. In addition to being a ‘go to’ junior for Silks in all costs and funding-related litigation, he regularly appears as sole counsel in complex and high-value cases in the High Court and Senior Courts Costs Office.
Examples of recent instructions include:
Acting (led by Nicholas Bacon KC) for the arbitration firm Volterra Fietta in the important appeal of Diag Human SE & Stava v Volterra Fietta [2023] EWCA Civ 1107, regarding the enforceability of Volterra Fietta’s retainer for work done in relation to a multi-billion-dollar BIT Arbitration, and the availability of severance.
Acting for Harbour Fund IV LP (led by Roger Mallalieu KC), the commercial funder for the Claimant in the multi-billion-pound Suppipat & Ors v Siam Commercial Bank Public Company Ltd & Ors (one of the Lawyer’s Top 20 cases of 2022) including the defence of an application against Harbour Fund IV for security in respect of the Defendants’ expected costs to trial of more than £67m.
Acting as sole counsel for more than 50 individual claimants in relation to the assessment of costs incurred in the ongoing MTVIL ‘phone hacking’ litigation against News Group Newspapers Ltd.
In addition to the above, Simon is regularly instructed to advise firms, funders and parties to litigation in relation to the recovery of their costs, retainer issues, applications for security, Solicitor Act assessments, and points of principle in Fixed Cost regimes. Further details of Simon’s work and reported cases can be found on the 4 New Square website.
Stephen’s practice is in commercial dispute resolution, with his main areas of specialism being professional liability, professional discipline/regulatory and costs. Experience of particular types of litigation, such in employment, personal injury, insurance, consumer credit and chancery, proves invaluable in the context of professional liability work.
A key area of expertise, on which Stephen lectures with Ben Patten QC, is property fraud claims against solicitors, involving in particular cyber and “Friday afternoon” fraud.
In costs, Stephen specialises in solicitor client disputes. He is frequently brought into large commercial litigation to deal with discrete costs issues such as budgeting and CCMCs, security for costs, third party costs and wasted costs orders.
Stephen is a member of the Executive Committee of the Professional Negligence Bar Association and a member of the London Common Law & Commercial Bar Association. Stephen is a Bencher of Gray’s Inn and an advocacy trainer. He is a member of the Wellbeing at the Bar Working Group.
Mediation and adjudication
Stephen Innes is an accredited mediator and conducts mediations in his specialist areas of professional liability and costs. He also carries out determinations in costs. He is a trained and accredited adjudicator, part of the PNBA's panel.
Direct Access
Stephen accepts clients under the Bar’s direct access scheme, and further details can be found on his direct access website verycivilbarrister.co.uk
CFAs
In appropriate cases, Stephen accepts instructions under Conditional Fee Agreements.
Barrister, 4 New Square.
Commercial litigation and arbitration, professional liability, information technology, construction and engineering.
Barrister specialising in the fields of international arbitration, commercial and construction litigation and professional liability, covering the full range of claims against professionals; other areas include costs, insurance and IT.
Barrister
Barrister with particular specialisms in: Banking & Financial Services, Commercial, Construction and Professional Liability.