Barrister specialising in business and financial law, with particular emphasis on domestic and international banking, financial services, insolvency, insurance and reinsurance, professional negligence, building contracts, fraud claims and general commercial litigation. Cases include: the Bank Charges litigation (Office of Fair Trading v Abbey National Plc and others): [2009] EWCA Civ 116; [2008] EWHC 875 (Comm); [2008] 2 All ER (Comm) 625) (first preliminary issues); [2008] EWHC 2325 (Comm) (second preliminary issues); Lomax Leisure Limited v Miller and Bramston [2007] EWHC 2508 (Ch); [2008] 1 BCLC 262, Ch D (defending liquidators sued for breach of duty and on dividend cheques which they had issued, but then had stopped on discovering that their rejection of a substantial proof was the subject of an appeal); Abu Dhabi Investment Company v H Clarkson & Co Ltd and others ([2008] EWCA Civ 699; [2007] EWHC 1267; (Comm)). Successful appeal in 2008) against the only aspect of the judgment [2006] 2 Lloyd’s Rep 38) (claim for fraud against the vendor company and its directors, and negligence against the vendor’s bankers and the claimants’ own professional advisers, arising from a failed joint venture investment in setting up a container shipping line in the Gulf); Murray v Leisureplay Plc [2005] IRLR 946, CA (appeal concerning the enforceability of a liquidated damages clause in a former director’s service contract, and the extent of the remedies available to the company under the Companies Act 1985 s320 to recover its costs of preparations to acquire a non-cash asset from that director); Racing UK Plc v Doncaster MBC [2005] EWCA Civ 999, CA (whether the Chief Executive of the independent management company of Doncaster Racecourse had ostensible authority to bind Doncaster Council, the owners of the racecourse, to a media rights agreement); HSH Nordbank AG v Barclays Bank PIC (mis-selling of synthetic collateralised debt obligations between banks); MCI Worldcom International v Primus Telecommunications [2004] 2 All ER 833, CA (dispute over telecoms capacity agreement); LME v EIL (LME disciplinary tribunal); Crédit Industriel et Commercial v China Merchants Bank [2002] 2 All ER (Comm) 427 (status of ICC policy statements in determining originality of documents presented under a letter of credit); Habib Bank Ltd v Ahmed [2002] 1 Lloyd’s Rep 444, CA (Resisting enforcement of Pakistani guarantee judgment on public policy grounds); Wilson v First County Trust Ltd (no 2) [2002] QB 74 CA (compatibility of CCA 1974 127(3) with creditor’s Convention Rights under ECHR Art 6 and Art 1 of Protocol 1); Montrod Ltd v Grundkotter Fleischvertreibs GmbH [2001] 1 All ER (Comm) 368 (whether English law recognises a ‘nullity’ exception as well as a ‘fraud’ exception to the obligation of a bank issuing a letter of credit to pay against apparently confirming documents); Christofi v Barclays Bank PIC [2000] 1 WLR 937, CA (extent of banker’s duty of confidentiality); Raiffeisen Zentralbank Oesterreich AG v Crossseas Shipping Ltd [2000] 1 WLR 1135,CA (avoidance of guarantee by material alteration); Credit Suisse First Boston (Europe) Ltd v MLC (Bermuda ) Ltd [1999] 1 Lloyd’s Rep 767 (anti-suit injunction in a derivatives case); Camdex International Limited v Bank of Zambia [1997] Bank LR 43, CA (enforcement of foreign exchange control); Boscawen v Bajwa; Abbey National Plc v Boscawen [1996] 1 WLR 326, CA (mortgage subrogation); Bovis International lnc v The Circle Limited Partnership (1995) 49 Con LR 12, CA (construction finance); Midland Bank Plc v Serter [1995] 1 FLR 1034, CA (constructive notice of wife’s rights).
Called 1975; QC 1995; assistant recorder 1997-2000; recorder 2000 to date; master of the bench of the Inner Temple; member of the Bar Council 2004 to date; admitted pro hac to the bar of the Bahamas 2008; publications: ‘20 Halsbury’s Laws; title Guarantee and Indemnity’; contributor to ‘Banks, Liability and Risks; Banks and Remedies’; consulting editor ‘All England Commercial Cases’; editor ‘Legal Decisions Affecting Bankers Vol 12-14’.
French (working knowledge), rudimentary Russian, German, Italian.
LCL & CBA (chairman 2004-05); COMBAR; TECBAR.
Oxford University (MA); ACIArb.