Commercial Dispute Resolution - London (Bar)
A strong set with pronounced litigation experience across the commercial market that boasts widely recognised barristers capable of handling complex pieces of litigation. Recent examples include Enka v Chubb, the leading case on the proper law of arbitration agreements; Harcus Sinclair v Your Lawyers; Kurdistan v Ashti Hawrami; and The Equitas Ltd v Municipal Mutual Insurance Ltd (MMI), a claim by a major employers’ liability insurer against the Lloyd’s market concerning the way in which mesothelioma claims are treated. Without doubt though, the biggest matter of the year for the set has been the FCA Business Interruption Test Case Litigation, in which it appeared on all sides. This was of crucial importance to insureds and insurers alike impacted by COVID-19 business interruption losses. The lawyers here display a particular acumen for cases involving shipping and insurance. One solicitor commented of them: "All at the set are very bright responsive, articulate and confident."
The clerks are "very solicitor-friendly" and "highly responsive." Greg Leyden "runs a highly efficient clerksroom." "Accommodating and professional, he's a really nice guy who is very approachable."
Jonathan Gaisman KC
"A totally committed and highly impressive advocate." "He's second to none in terms of legal analysis and attention to detail." "A fabulous cross-examiner."
Instructed for one of the insurers in The Financial Conduct Authority v Arch Insurance (UK) and Others, expedited test case proceedings against eight selected insurers to determine whether certain representative business interruption wordings respond to COVID-19 related losses.
Gavin Kealey KC
"A flamboyant advocate with a great sense of humour, he's a pleasure to work with."
Instructed for two of the insurers in The Financial Conduct Authority v Arch Insurance (UK) and Others, expedited test case proceedings against eight selected insurers to determine whether certain representative business interruption wordings respond to COVID-19 related losses.
Rebecca Sabben-Clare KC
"Super efficient, very smart and very personable."
Acted in Manchester Building Society v Grant Thornton, an audit negligence claim raising an issue of principle about scope of duty
David Allen KC
"David Allen KC is a no-nonsense advocate who can be trusted to fight your corner even in the most difficult situation."
Acted for PetroSaudi in a dispute against PDVSA Servicios SA concerning the 1Malaysia Development Berhad fraud.
David Edwards KC
"His preparation is impeccable and his written and oral advocacy is brilliant. His ability to think on his feet and judge where witnesses and juries are going and how they will deal with changes is brilliant."
Acted for the claimant in Compagnie des Grands Hôtels d’Afrique v Maquay Investments, English proceedings under the 1975 Act to secure evidence for use in Delaware proceedings concerning a USD50 million claim by the owners of the Royal Mansour Hotel in Morocco against companies within the Starwood Group.
Dominic Kendrick KC
"Pragmatic yet creative in his arguments, he's a pleasure to work with as he gets into the trenches with you. He's a tower of strength when the going gets tough."
Acted for the Law Society as potential intervener in an action brought against a senior solicitor in Yorkshire who fraudulently embezzled millions from charities and from the Church of England over many years.
"He is bright, painstaking and a good advocate."
Successfully appeared at trial for the claimant in Apache North Sea Ltd v INEOS FPS Ltd, a major commercial court dispute over North Sea oil infrastructure.
Richard Waller KC
"Richard is very user-friendly, extremely analytical and incredibly effective in court."
Successfully acted for the claimants in YS GM Marfin II and Others v Muhammad Ali Lakhani and Others, an USD80 million commercial fraud case arising out of the purchase of vessels for scrap.
James Brocklebank KC
"Thorough, articulate and commercially savvy."
Acted in Nestlé Purina v Freemans, representing Nestlé in a multimillion-pound claim for lost production and deep cleaning costs following the introduction of salmonella-contaminated material by the defendant.
"His drafting is above anyone else at his level and he’s clear in his opinions. Clients are always impressed with his advice and manner."
Acted for the defendants in Maroil Trading & Another v Cally Shipholdings & Others, high-profile allegations that a senior executive of litigation funder Burford Capital traded confidential documents in return for a sex tape.
"A highly diligent worker and a good team player."
Acted for the liquidator of the Carillion Group in a professional negligence claim against the group’s former auditors, KPMG, arising from the group’s widely publicised collapse in early 2018.
"A man of great commercial awareness who is particularly good at assisting with expert reports."
Defended IIFL Wealth (UK) in a dispute arising out of the sale of an Indian telecoms company. The dispute involves allegations that the sale was affected by a fraudulent conspiracy and/or physical/economic intimidation.
"Very bright, responsive, articulate and confident."
Acted in Enka Insaat ve Sanayi AS v Chubb Russia & Others, appearing for the defendant in relation to a £400 million claim arising out of the Berezovskaya power plant fire in the Russian Federation.
Josephine Higgs KC
"She is superbly reassuring and very knowledgeable. Her grasp of the case is extraordinary."
Acted in the FCA business insurance test case for the second interveners, the Hospitality Insurance Group Action.
Jawdat Khurshid KC
"Fiercely intelligent and great on his feet. He has the judgement required to make difficult decisions, and is very easy to work with."
Acted for Harcus Sinclair in a dispute against Your Lawyers Limited. The case concerned the nature and effect of a restriction in a non-disclosure agreement concluded between two firms of solicitors.
"Highly knowledgeable, effective and easy to deal with."
Instructed for the second claimant in Ferand Business Corporation, Angeliki Frangou and Maritime Enterprises Management v Maritime Investments Holdings Ltd and Kolen International, a dispute between shareholders and siblings concerning the management of a fleet of bulk carriers.
Michael Holmes KC
"Very hard-working, clever and on top of the detail." "He is a really nice guy, who has a calm advocacy manner and good judgement."
Acted for Ark Data Spring Park in defending a claim brought by Boeing Defence UK. The case concerned an alleged breach of a contract for the secure storage of sensitive data used by entities active in the defence industry.