Brad Pomfret KC

Practice Areas

Brad Pomfret KC has a broad-ranging commercial litigation and arbitration practice, covering diverse areas including contract, unjust enrichment, insolvency, banking and finance, company and partnership, sale of goods, insurance, professional negligence and privacy.

He is one of the leading practitioner experts on unjust enrichment, having appeared as lead counsel for the Respondent in the Supreme Court in Barton v Morris (2023) AC 684 and in the Court of Appeal below in [2020] 2 All ER (Comm) 652. His review of the case was published by the Journal of International Banking and Financial Law B.J.I.B. & F.L. 2023, 38(7), 463-466.

Brad is an experienced appellate advocate; he appeared seven times in the Court of Appeal as a junior, in each case conducting the advocacy himself. Those appearances include Gahan v Emirates [2018] 1 WLR 2287, where he was successful for the passengers in an important and far-reaching test case on the interpretation of the ‘Flight Delay’ EU Regulation 261/2004.

Particularly reputed as a trial advocate, Brad’s recent successes include a claim for fraudulent misrepresentation in Partakis Stevens v Sihan [2022] EWHC 3249 and defending a claim to set aside loan agreements worth several million pounds for a bridging lender in Kumar v LSC Finance Ltd [2023] EWHC 1439.

Brad also has a busy arbitration practice. He sits as an arbitrator as well as appearing as advocate to tribunals. Recent arbitrations have included banking, trade association and international property matters. He is also a member of the Sport Resolutions panel of arbitrators.

Career

Brad undertook pupillage and practised for 10 years at St James's Chambers in Manchester. In 2015, he was a founding member of the Business & Property team at 23ES, where he has practised ever since, culminating in 23ES winning Chambers of the Year at the 2024 Manchester Legal Awards.

Outside of his work in Chambers, Brad is well-known on the Northern Circuit in particular, where he is a member of a number of committees. He is an advocacy tutor for Lincoln's Inn and a case reviewer for Advocate.

Professional Memberships

Northern Circuit.

Northern Business & Property Bar Association

British & Irish Commercial Bar Association (Treasurer)

Manchester Business & Property Courts Forum (committee member)

Member of the Chartered Institute of Arbitrators

Honorary Legal Advisor to Cheshire County FA

Work Highlights

Manolete v White (2024) CA - Brad appeared for the Appellant in this matter in the Court of Appeal in July 2024. Judgment is awaited.

Kumar v LSC Finance (2024) EWCA Civ 254 - acting for successful Respondent bridging lender in appeal on issues of enforceability of a loan agreement and guarantees. Brad also acted at trial - Kumar v LSC Finance Ltd [2023] EWHC 1439.

Barton v Morris (2023) AC 684 - Supreme Court - a leading case on the intersection of contract and unjust enrichment and payment for services.

Partakis-Stevens v Sihan and Romero (2022) EWHC 3249 (TCC) - Brad acted for the Argentinian footballer, Sergio Romero, in these complex nuisance proceedings in which Mr Romero's fraudulent misrepresentation additional claim succeeded.

Lakatamia Shipping Company v Su (2022) BPIR 181 - Brad acted as junior counsel for the successful appellant in this appeal concerning the test of residence for bankruptcy purposes.

Biscoe v Milner (2021) EWHC 763 (Ch) - 2 week fraud and misfeasance trial where Brad acted for 3 of the respondents, taking the brief for trial just 1 week before it commenced.

Education