DEPARTMENT PROFILE

Fountain Court Chambers

Professional Negligence

10 ranked barristersBand 2London (Bar)UK Bar 2021 View ranking table
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Ranked Barristers
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Ranked Barristers

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The set offers heavyweight expertise in the representation of both defendants and claimants in claims involving professionals in the legal, banking and financial sectors. The barristers have notable experience in dealing with tax-related disputes, including those pertaining to film finance tax avoidance schemes, and the chambers leads the field when it comes to any litigation involving banking mis-selling. Members are also highlighted for their proficient handling of cross-border matters, such as the hugely high-profile case of ENRC v Dechert and SFO. One market source says: "What sets this chambers apart is that it is not weighted towards silks or juniors but has quality individuals throughout all levels."

Client service:

"Their clerks are second to none. Sian Huckett in particular is fantastic." "Alex Taylor is very knowledgeable and leads an excellent clerking team."

Strengths:

Anneliese Day QC
With a strong reputation for her courtroom advocacy and commercial savvy, Anneliese Day QC is very often called upon to handle high-value professional negligence and insurance disputes. She is regularly instructed in complex multiparty litigation arising from major construction projects, but is also an excellent resource on negligence claims involving accountants, lawyers or tax advisers. Her cases often originate in overseas jurisdictions.
"She is someone who is always robust and effective in court, is refreshing in her approach and commands the respect of the court. She understands litigation from a practical perspective." "She is incredibly intelligent and very efficient and client-friendly."
Recent work: Acted for over 100 investors who invested money in the Scotts Atlantic Film Finance Scheme, having been advised by Andrew Thornhill QC that the scheme would successfully allow them to mitigate their tax liabilities, in a negligence claim against the silk.

Strengths:

Bankim Thanki QC
An experienced commercial barrister who centres his professional negligence work on the financial sector. He has dealt with numerous claims relating to insurance, fund management and financial mis-selling. Many of these concern revelations arising in the context of the credit crunch and its aftermath.
"A highly intelligent, effective advocate and a clever lawyer." "He is very attentive, good with clients and knows his stuff." "He is an excellent banking specialist."
Recent work: Acted for Alliance Bernstein in a £120 million claim alleging mismanagement and substandard advice in relation to the Philips Electronics Pension scheme.

Strengths:

Ben Lynch QC
Highly regarded new silk regularly instructed in high-exposure and high-value cases of professional negligence. He acts both led and unled in litigation and alternative dispute resolution proceedings, and is well known for his outstanding expertise in insurance matters.
"He is just fantastic with clients. He has a very strong attention to detail." "He has excellent procedural knowledge and his written work is of an extremely high quality."
Recent work: Acted in a professional negligence claim against a project monitor, which arose out of a series of loans made by a lending bank to a property developer.

Strengths:

Derrick Dale QC
Typically takes on cases involving claims against financial service providers, solicitors and barristers, and has provided counsel to City and mid-market law firms, as well as insurers. He appears in both individual and group actions, and augments his professional negligence practice with a strong reputation in banking and general commercial work.
"Excellent before judges – he simplifies complex points and is reassuring to both clients and and the bench."
Recent work: Acted for a barrister in the defence of a claim arising from the alleged failure to advise on limitation, which led to the client losing the ability to sue Barclays and recover more than he was entitled to receive from the FSA swap mis-selling review.

Strengths:

Leigh-Ann Mulcahy QC
Frequently instructed in high-value professional liability matters concerning accountants, lawyers and insurance brokers. She has broad advocacy experience, including significant appellate work, and is also known for her expertise in alternative dispute resolution. A Fellow of the Royal Statistical Society, she is well suited to matters which are heavy on technical evidence.
"She has the best manner in terms of dealing with clients, and she puts everyone at ease by being so on top of the detail – you feel you can trust her completely." "A real standout – a solid worker and an effective performer."
Recent work: Acted for a law firm in a claim against former clients for unpaid fees, and defended substantial counterclaims for alleged negligence.

Strengths:

Mark Simpson QC
Highly regarded for the forcefulness of his advocacy and for his deep familiarity with negligence claims in the financial and legal sectors, contributing as well to the literature in this space. In addition to taking on high-profile litigated claims, he also regularly counsels businesses and firms on regulatory concerns and investigations. He receives instructions from both claimant and defendant clients.
"A real street fighter – spectacular in court and a keen litigator. He leaves no stone unturned and is a very good tactician." "A true professional negligence expert – his textbook is one of the main resources."
Recent work: Acted as lead advocate for Carlyle Capital in its appeal to the Privy Council against the dismissal of a claim against its directors and investment manager, arising out of the collapse of the company in the financial crisis of 2008.

Strengths:

Nik Yeo
Has a strong practice in financial sector professional negligence matters, often providing counsel in cases with high exposure. He has particular expertise in financial claims, and his recent work has included a number of large-scale claims against valuers, banks and liquidators.
"Nik has a very good eye for what clients want and need, which makes our lives much easier when it comes to factoring that into our preparation."
Recent work: Represented a debt and derivatives advisory firm in bringing a claim for negligent advice on the structuring of interest rate swaps.

Strengths:

Tamara Oppenheimer QC
Regularly takes on high-value professional negligence cases arising in the financial sector, including recent work advising banks on claims of financial mis-selling.
"An excellent silk, who is very hard-working and highly regarded at the Bar."
Recent work: Acted for ENRC in its negligence claim against Dechert LLP, arising out of the conduct of an internal investigation at ENRC and interactions with the SFO.

Strengths:

Timothy Dutton CBE QC
Can claim a high level of expertise in the regulated professions, which sees him regularly instructed in highly complex negligence claims involving lawyers, accountants and others. He is frequently instructed to act in the defence of prominent law firms, and his work in this space has seen him appear in the Court of Appeal and the Supreme Court. He acts for both the defence and the prosecution.
"He is an absolute superstar for professional negligence, compliance and conduct issues. He is a very trusted adviser, not just to our clients but to the firm itself." "Very sound judgement and a calm handling of sensitive regulatory matters."
Recent work: Led the defence for Robert Gray in claims made by GEHC for breach of fiduciary duties.

Strengths:

Timothy Howe QC
Commands almost 30 years' experience at the Bar, including recurrent involvement in complex, high-profile professional negligence cases. He is especially adept at handling claims arising out of the financial crisis, and has acted for banks and financial institutions around the world.
"We achieved more favourable results that we would otherwise have done, though his doggedness and determination and his refusal to let me go soft on the opposition. He is a good advocate who is able to turn his hand to anything. He works prodigiously hard and gets on top of every aspect of the case."
Recent work: Acted for an international investment fund in a claim for negligence against leading Hong Kong-based investment managers, in connection with substantial losses on mainland China commercial investments effected through inappropriately risky legal structures.

Professional Negligence Department

Fountain Court Chambers

firm
Department location

Fountain Court

Temple

London

Greater London

UK

EC4Y 9DH

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Articles, Highlights and Press Releases

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Ranked Barristers

Chambers Research is conducted by 200 Research Analysts, across 200 jurisdictions and provides nearly 6,000 rankings tables. Annually we collect hundreds of thousands of responses from clients, the majority via in-depth interview. Learn more about our methodology.

Silks (QC)

London (Bar)

Professional Negligence


Anneliese Day QC
Band 1
Bankim Thanki QC
Band 3
Ben Lynch QC
New Silks
Derrick Dale QC
Band 3
Leigh-Ann Mulcahy QC
Band 3
Mark Simpson QC
Band 1