Colin Wynter KC

Practice Areas

Insurance & reinsurance

General Commercial

Career

Specialising in insurance and reinsurance law since the 1980s, when acted as junior in many of the Lloyd's of London group actions (Outhwaite, Wellington), other associated actions and numerous individual member arbitrations.

Subsequent cases include Caudle v Sharp (meaning of “one event”), Gan v Tai Ping (Nos1, 2 & 3) (meaning, in context, of the word “and” as in “settle and/or compromise and admit liability”), Trygg Hansa v Equitas (incorporation of arbitration clauses) and the aggregation cases of Mabey & Jonson v Ecclesiastical (whether modular bridge collapses in west and central Africa derived from single “originating cause”), Rendall v Combined (whether those killed whilst fleeing the second tower were on a “business trip”, as defined in the policy wording, being “a trip authorised for the furtherance of the employer’s business”) and Scott v Copenhagen (whether loss of multiple aircraft, including BA 747 at Kuwait Airport arose from “one event).

Multiple cases on behalf of Equitas during and subsequent to Lloyd’s “reconstruction”.

Took silk in 2006 and was almost immediately asked to lead 3 parties and four juniors in mesothelioma group action/test case, “EL Trigger” (Durham & Others v BAI & Others), which culminated in success in Supreme Court. Case was run on a conditional fee basis and ran over seven years from start to finish, involving considerable personal risk and financial jeopardy. Still though thinks it was worth it.

After being asked to consider & explain "basis of contract" clause in the proposed insurance wording of a major UK broadcasting service, advised company that, due to its size, bargaining power and amount of annual premium paid, was open to them to negotiate not just the scheduled elements of their insurance, but also the internal mechanics of the wording. Commercial policyholders, over time, seemed to have forgotten that the law does not presume, but assumes, that commercial parties will have negotiated the terms of their contract.

Led to Colin being asked by the policyholder to review and revise insurers' standard wording to remove outdated and terms with unbalanced remedies, which he successfully did, insurers agreeing to revisions within four days.

Instructions thereafter flowed in from other Footsie 100 and other large companies (11 in all), able to deploy their considerable bargaining power, to effect the same service on their behalf. Involved working closely with and maintaining good relations with leading insurance brokers.

On back of this work, was invited to speak to the Treasury in relation to proposed changes to the law of insurance (Insurance Act 2015 ensued), then at the preparatory stage within the Law Commission. Provided Treasury with list of those areas (basis of contract, remedies alternative to avoidance for non-disclosure & misrepresentation, causative link to loss required for condition precedent to be given effect) in which revisions to standard policy wordings had been agreed by leading insurers.

In order to create an entity through which best to source and then effect this developing area of work and also to address the structural imbalance in readily available, conflict-free expert legal knowledgeable for policyholders, made the decision in 2016 to take a three year break from the Bar in order to co-found with Stuart Hill the now leading and highly ranked specialist insurance law firm, Wynterhill LLP, where he remains a consultant, having stepped down in 2019 in order to resume his insurance practice at the independent Bar.

In 2019, Colin founded Maryon Wynter Chambers, together with Elton Maryon, his long-time senior clerk at Devereux Chambers. From there he continues his insurance and reinsurance practice in advice, litigation, arbitration, mediation and other forms of ADR.

Unique experience and independence from causes, sides and colleagues makes Colin particularly appropriate to act as arbitrator or mediator.

Professional Memberships

COMBAR, BILA

Publications

One time (literally) editor of reinsurance chapter of McGililvray on Insurance.

Authored insurance chapter in Law and The Business of Sport, by David Griffith-Jones

Personal

A lover of all sports, but not of those which take place on snow or ice, or which involve any type of engine.

Keen indoor rower but at 6 ft and 96kg, both too big and too small ever to have made much of a dent on a competitive level.

Was once asked to play the role of Mr Jaggers in Broadway production of Great Expectations (the musical) but, not being partial to any musicals and fearing what the reviews might say, the offer was declined; now a source of considerable regret.

Initially reluctant but now enthusiastic cat lover, sharing life with a Siamese and a Maine Coon. On any Zoom or Teams conference, either or both will be lurking, hopefully behind the scenes but occasionally coming into view.

Long time Arsenal fan, who lost faith in final years of Wenger and gave up his season ticket, that too now a source of regret.

Musical tastes are eclectic but only occasionally stray far from Joe Zawinul and Stevie Ray Vaughan

Clients

Confidential.

Experience

See above.

Industry Sector Expertise

All areas of reinsurance and non-marine insurance.

Expert in these Jurisdictions

England & Wales

Languages Spoken

English and French (lived in France & Switzerland from age 7 to 16, so fluent, other than in specialist, technical areas)

Work Highlights

Too many to mention in fields of insurance and reinsurance, but EL Trigger Supreme Court success stands out for its impact on tens of thousands of current and future mesothelioma sufferers, and Gan v Tai Ping for the numerous ways in which the case has penetrated across several areas of insurance & reinsurance law.

Most enjoyable cases involved Iraq War (Scott v Copenhagen - aggregation of losses from “one event”, where 13 aircraft, including a BA Boeing 747 were destroyed by US firepower when liberating Kuwait Airport) and World Trade Centre (Rendall v Combined – World Trade Center (sic)).

From a very much earlier period of practice, personal highlight was the case of R v Kojak the Dog (actual defendants were his owners). Kojak had been sentenced to death by the magistrates for having bitten a postman. Kojak’s life was on the line. In what felt like a death penalty appeal, managed to persuade the flamboyant HHJ Figgis at Kingston Crown Court, to spare Kojak’s life.

Education

Awards