The Cast - Who's Who in the OFT Test Case

The Judge


Mr Justice Andrew Smith was called to the Bar (Middle Temple) in 1974. He was appointed a QC in 1990 and a Recorder in 1996. In 2000 he was appointed a High Court Judge in the Queen’s Bench Division. He was the Presiding Judge of the North Eastern Circuit from 2003 until 2006.



from: http://news.bbc.co.uk/1/hi/business/7193417.stm

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The Cast

For Royal Bank of Scotland




Laurence Rabinowitz QC

Barrister
Date of call: 1987
QC: 2002




Laurence Rabinowitz has a broad based company commercial practice. He is recommended in both Chambers and Partners 2004-5 and the Legal 500 2004-5 as a leading silk in Banking, Commercial Litigation, Company, Energy and Civil Fraud, and is described as "a stunning lawyer with a first-class analytical brain, and enormous fun to work with".

Scope of practice

• Arbitration
• Banking, insurance and financial services
• City practice and financial services
• Company / commercial litigation
• Computer disputes
• Contractual disputes
• Disputes involving regulatory bodies eg stock exchange, sfa
• DTI investigations and directors disqualifications
• Insider dealing investigations
• Oil & gas
• Professional negligence
• Rail industry disputes
• Share sale warranties
• Other notable cases

view full CV »

[Amethyst]

Re: The Cast

For Abbey National

Ali Malek QC




Ali Malek QC

Call 1980; QC 1996; MA (Oxon) BCL

Ali Malek's practice is largely commercial with experience in all types of banking and financial disputes, aviation, international trade, financial services, insurance, civil fraud, energy law (oil and gas joint venture disputes),competition and consumer credit law, professional negligence (accountants and solicitors), insolvency, sports law, international arbitration (particularly ICC/ LCIA and including the application of "general principles of law"). Many of his cases have an international element. Recent cases

• Tudorgrange v. Citibank [1992] Ch 53 (releases and UCTA 1977).
  
• Robertson v. CIBC [1994] 1 WLR 1493) (bank's duties when served with court orders).
  
• James v. Barclays (1994) 4 Banking LR 131 (jurisdiction of the Court of Appeal to strike out appeals).
  
• Yorkshire Bank v. Halls [1999] 1 All ER 879 (bank's duties to customers).
  
• Portman Building Society v. Dusangh [2000] Lloyds Rep Banking 197 (unconscionable bargains).
  
• Nash v. Paragon Finance Plc [2002] 1 WLR 685 (Consumer Credit Act 1974, implied terms and UCTA 1977).
  
• Casson v Ostley [2003] BLR 147 (fire insurance and UCTA 1997).
  
• Niru Battery v Milestone [2004] 1 Lloyd's Rep 344 (fraud and letters of credit).
  
• Mann v Coutts [2004] 1 All ER (Comm) 1 (insurance/banking related dispute).
  
• Financial Institutions v Negril [2004] UKPC 40: Privy Council appeal on banking documents.
  
• Valse Holdings SA v Merrill Lynch International Bank Ltd [2004] EWCH 2471 (Comm) (banking/duties to customers).
  
• OFT v Lloyds TSB Bank plc and others [2005] 1 All ER 843 (whether s75 Consumer Credit Act 1974 applies to overseas transactions)

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Also ABBEY NATIONAL are advised by ASHURSTS - who have been involved in Abbey litigation defence since Abbey stopped using DLA Piper last year.

Ashursts website can be found here >>> Ashurst

[Amethyst]

AREAS OF SPECIALISATION
BANKING, DERIVATIVES, FINANCIAL SERVICES, MERGERS AND ACQUISITIONS, OIL AND GAS, COMMODITIES, INSURANCE AND REINSURANCE, SHIPPING, AVIATION, COMPETITION AND PROFESSIONAL NEGLIGENCE IN RELATED FIELDS. Iain Milligan QC acts both as adviser and advocate in all areas of commercial law. He specialises first and foremost as a commercial litigator, albeit with emphasis on banking (particularly derivatives), financial services, mergers and acquisitions, oil and gas, commodities, insurance and reinsurance, shipping, aviation, competition and professional negligence in related fields.
In recent years he has been involved in a wide range of commercial litigation, including disputes relating to telecommunications businesses in India and Italy, land development in Hong Kong, the insurance of Lloyd’s Cental Fund, tax relief on finance leasing, European sanctions against Iraq, credit default swaps, oil and gas concessions in India, the anti-competitive aspects of pub ties, credit hire insurance in the domestic car market, international limitation on the liability of shipowners, a scheme to ring-fence a company’s liabilities for asbestos injuries and the claims of a life insurer against its former auditors and directors.
Many of the disputes in which Iain Milligan appears are referred to arbitration, both in London and abroad. He has wide experience of international arbitration. He is a member of the London Court of International Arbitration, a member of Arbitration for Commerce and Industry and he is a supporting member of the London Maritime Arbitrators' Association. He has in the past been appointed as arbitrator by the International Chamber of Commerce, the London Court of International Arbitration and under the rules of the London Maritime Arbitrators Association.
Iain Milligan was born in 1950, educated at Eton and Magdalene College, Cambridge (exhibitioner in engineering, scholarship (hc) in law and 1 st in law), called to the Bar in 1973 and appointed Queen's Counsel in 1991. He is head of chambers at 20 Essex Street. 20 Essex Street is one of the pre-eminent sets of chambers practising in commercial law, European law, public international law and international arbitration.
RECENT CASES

Recent cases have included Inntrepreneur Pub Company (CPC) v Crehan (House of Lords), Borealis v Stargas (House of Lords), Shanning International v Lloyd’s TSB (House of Lords), The Starsin (House of Lords), Lagden v O’Connor (House of Lords), Barclays Mercantile v Mawson (Inspector of Taxes) (House of Lords), The CMA Djakarta (appeal to House of Lords pending), Inntrepreneur Pub Co v Crehan (appeal to House of Lords pending), Socimar International v Chase Manhattan (Privy Council), The Government of Hong Kong SAR v Swire Properties (Court of Final Appeal Hong Kong), Ace Insurance v Zurich Insurance (Court of Appeal), ABCI v Banque Franco- Tunisienne (Court of Appeal), Equitable Life v Ernst & Young (Court of Appeal), Centre Re v Curzon Insurance (Court of Appeal), The Society of Lloyd’s v Swiss Re (international arbitration) and Reliance Industries v Enron Oil & Gas (international arbitration). (The names of other recent international arbitrations are not in the public domain).

Iain Milligan QC, 20 Essex Street 20 Essex Street's head of chambers Iain Milligan QC is a signed-up member of the `£2m club', earning in excess of that figure each year















Raymond Cox QC

Call date: 1982
Born: 1959
Silk date: 2002
Email: rc@fountaincourt.co.uk
Download CV in PDF format
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Please enter an email address Practice Areas:

• All areas of Commercial Law
• Reinsurance and insurance
• Banking
• Professional negligence

Summary of Practice:

Broad Commercial and Common Law practice with an emphasis on reinsurance and insurance, arbitration, banking, professional negligence, financial services regulation, and commercial disputes generally.

Bencher of Gray’s Inn

Advocacy trainer

Recommendations:
A “terrific advocate” with “finely balanced judgment”, Chambers and Partners 2008; “achieves results in an easy way”, Chambers and Partners 2006; recommended in Legal 500, Insurance and Reinsurance; Banking and Finance, which states he “is seen as having great acumen in retail banking issues, such as overdraft and credit card fees, and is not flashy, but very, very clever”; recommended in Legal Experts 2007, banking, insurance and reinsurance and professional negligence.
Professional Experience:

Broad Commercial and Common Law practice with an emphasis on reinsurance and insurance, arbitration, banking, professional negligence, financial services regulation, and commercial disputes generally.

Bencher of Gray’s Inn

Advocacy trainer
Education:

Mansfield College, Oxford University

Prizes & Scholarships:
Eldon Scholar, Oxford
Arden Scholar, Gray’s Inn
Notable Cases:
Insurance and Reinsurance, including arbitration
Major arbitration proceedings relating to Exxon and Kuwait spiral recoveries, 2007

Split Capital Investment Trusts (zeros) – various insurance claims arising from the collapse of the zeros market and regulation 2005

Sphere Drake Insurance v Stirling Cooke Brown Reinsurance Brokers Ltd. and others, 2003 – various court and arbitration proceedings in relation to the Personal Accident LMX market.

Film Finance Inc v Royal Bank of Scotland (2007) and other film finance litigation in court and arbitration relating to ‘gap’ insurance policies covering losses made in financing films.

Pensions misselling claims 2001 – various insurance claims.

Arbitration concerning reinsurance of U.S. computer warranty claims 2000

DSG Retail v QBE International Insurance 1999 – over redemption insurance policy

Standard Chartered Bank v Standard Chartered Insurance Company plc 1998 – claim on a bankers’ blanket bond policy arising from Bombay Stock Exchange collapse

Pohjola v Coleman 1998 –conduct of a reinsurance pool.

D&R Insurance v Seguros America Banamex 1993 – illegality and reinsurance pool.

ERAS Environmental Impairment Liability (EIL) 1992 – series of actions relating to risks written under an EIL pool.

Administrative & Public Law
R v British Coal ex p. Price 1994 – judicial review in relation to pit closures.

George v Devon County Council ex p. G 1981 –judicial review in relation to school transport.

Arbitration
See reinsurance and insurance.

Banking & Finance
Contracts for differences and FSA regulation - advising 2007.

FSA regulation of insurance and guarantees - advising 2007

FSA credit card charge investigation 2005 – advising.

Default bank charges and regulatory matters – advising 2005 - 2007

Split Capital Investment Trusts (zeros) – various insurance claims arising from the zeros market and regulation 2005

Hermes v Bank of New York 2001 – custodianship of shares.

Cronos Containers NV v Palatin 2001 - constructive trust claim against a bank.

Cauxell v Lloyds Bank 1995 – claim for indemnity in respect of payment under a performance bond.

Lloyds Bank v Byrne 1993 – claim on bank security following bankruptcy

United Bank of Kuwait v Hammond 1988 – claim by bank on a solicitor’s undertaking.

Civil Fraud
Cronos Containers NV v Palatin 2001 – claim in respect of international fraud and constructive trust against a bank.

Commercial Litigation
Film Finance litigation 2003 to date – various claims in court and arbitration relating to commercial contracts for production and financing of films.

British Sugar v Babbini 2005 – jurisdiction under Brussels Convention

Knauf (UK) v British Gypsum 2003 – major industry-wide dispute relating to defects in plaster or plasterboard

Cronos Containers NV v Palatin 2001 – claim of international fraud and constructive trust against a bank.

Instance v Denny 2000 – worldwide injunction against use of without prejudice documents

Lilley v Plessey 1998 – group action by pensioners of Plessey

Mercury v Loerke 1993 – jurisdiction under the Brussels Convention

Construction
Knauf (UK) v British Gypsum 2003 – dispute relating to defects in plaster or plasterboard

Education
George v Devon County Council ex p. G 1981 – judicial review in relation to school transport.

Employment
R v British Coal ex p. Price 1994 – judicial review in relation to pit closures.

Financial Services
FSA regulation of insurance and guarantees - advising 2007

Split Capital Investment Trusts (zeros) – various insurance claims arising from the zeros market and regulation 2005

FSA credit card charge investigation, 2005

Default bank charges and regulatory matters – advising 2005- 2007

Contracts for differences and FSA regulation – advising 2005 - 2007

Professional Negligence
Comunica v BDO Binder Hamlyn 2006 – audit negligence

John Mowlem Construction plc v NF Jones & Co 2003 – solicitors’ negligence action relating to advice about professional indemnity insurance

AXA v MSL 1998 – major series of claims against centralised mortgage administrators

Astra v Stoy Hayward and Paine Webber 1998 – claim of negligence against a merchant bank solicitors and accountants relating to a take-over

London Underwriting Ltd v. KPMG Peat Marwick 1993 – claim against accountants ad auditors of reinsurance business.
Reported Cases:
Film Finances Inc v The Royal Bank of Scotland [2007] EWHC 195 (Comm)

British Sugar v Fratelli Babbini [2005] 1 Lloyd’s Law Reports 332, [2005] 1 All ER (Comm) 55, 100 Con LR 122, [2005] ILPr20.

Sphere Drake Insurance v Stirling Cooke Brown Reinsurance Brokers Ltd. and others [2003] Lloyd’s Law Reports IR 525

Instance v Denny [2000] FSR 869

DSG Retail v QBE International Insurance [1999] Lloyd’s Rep. IR 263

Cauxell v Lloyds Bank, Times 26.11.95, CA

R v British Coal ex p. Price [1999] IRLR 72, CA

Lloyds Bank v Byrne [1993] 2 FCR 41, CA

Mercury v Loerke, Times [1993] ILPR 142, CA

United Bank of Kuwait v Hammoud [19880 1 WLR 1501, CA

George v Devon County Council ex p. G [1981] 1 AC 573, HL
Publications:
Law of Bank Payments (2004, 3rd ed.) joint editor with Michael Brindle QC, (Sweet & Maxwell)

Private International Law of Reinsurance and Insurance, December 2006, Informa (LLP) with Louise Merrett and Marcus Smith

“The prevalence of London insurance and reinsurance markets sets the scene for this book, which fills the niche neatly by systematizing the relevant case law and framework… the text is fluent and reads well.. and the authors deal lucidly with a complex and difficult subject”, Lloyds Maritime and Commercial Law Quarterly, Hjalmarsson.

Commercial Court Procedure 2001, general editor with Stephen Moriarty QC, (2000, Sweet & Maxwell)

Contributor to Professional Negligence and Liability (LLP 2000), edited by Mark Simpson

Joint editor of Regulatory part of Encyclopaedia of Insurance Law (ed. Prof John Birds, Sweet and Maxwell, 2006)

Consultant Editor with Professor IR Scott and Jeremy Stuart-Smith QC to Civil Procedure Reports (Sweet & Maxwell)

Various articles on insurance and banking.
Interests:
Music, sailing, a few sports

Languages:
Working knowledge of French

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Richard Snowden QC
Called: 1986
Silk: 2003


Profile:
Main practice areas are company law and commercial litigation; corporate insolvency; financial services. Currently, about 75% of cases are contentious matters, with the remainder being non-contentious advisory work.
Education
M.A. (Downing College, Cambridge) 1st Class
Gottlieb Prize in Part 1B Law Tripos (1982) for top student in University

LL.M. (Harvard Law School)
Choate Memorial Fellow, Harvard University, 1984-1985
Denning Scholar of Lincoln’s Inn, 1985
Called to the Bar, June 1986
Supervisor in Company Law, Downing College, Cambridge, 1986-1989
Appointed Junior Counsel to the Crown (A Panel) 1999
Appointed member of the Insolvency Rules Committee 2002
Appointed Queen's Counsel 2003

CV
Description of Practice

Recent contentious matters in the company, commercial and financial services fields include litigation arising out of breach of directors' duties, shareholder disputes, disputes arising from take-overs and acquisitions, contested reductions of capital and schemes of arrangement, litigation over the issue of investment advertisements, investment management and securities trading and split capital trusts, and international arbitrations under the UNCITRAL rules in London in relation to investment finance agreements in the Czech Republic and under the ICC rules in Paris in relation to a joint venture in the semi-conductor industry.

In the field of corporate insolvency and restructuring, recent contentious matters include litigation arising out of a number of major international insolvencies, disputes relating to priorities, contested schemes of arrangements, litigation concerning the priority of liquidation expenses and the enforcement of security, proprietary claims to assets held by insolvent companies, applications for the private examination and disqualification of company directors and the winding up of companies in the public interest.

Notable cases include acting for the successful employees in Paramount Airways (Powdrill v. Watson); for Morgan Stanley in substantial litigation relating to Maxwell; for the bondholders in the hearings to approve the sale of Barings to ING; for Lloyds of London in litigation in Bermuda relating to the insolvency of EMLICO; for the Luxembourg liquidators of BCCI in litigation in England relating to the transmission of funds from England to the Luxembourg liquidators, and for the English liquidators of BCCI in a challenge to their settlement of claims; for the Financial Services Authority in relation to Equitable Life following the decision of the House of Lords; for the company in the restructuring of Garuda (the Indonesian airline); for the liquidators of Railtrack Group plc in relation to distributions to members; for the company and subsequently for the administrators of the TXU group including litigation relating to pension liabilities; for the liquidators of Leyland Daf Ltd in Butcher v. Talbot concerning the liquidation expenses; for the companies in the closure schemes for KWELM and Bermuda Fire and Marine Insurance Company; for the compnay in rerstructuring of Telewest plc; for AIG in SSSL Realisations concerning contractual subordination and disclaimer; for the administrators of the T & N group in relation to the restructuring of Federal-Mogul; for the successful defendants in the leading directors' duties case of Ultraframe v. Fielding; for the liquidators of the Univest companies in the Cayman Islands; for two substantial US funds in relation to Eurotunnell; and for the insolvent companies in relation to the closing schemes for Sovereign Marine & General Insurance Company and the WFUM pool.

Non-contentious work in the company area has included advice concerning the bids for Canary Wharf plc, on corporate reconstructions and financial assistance, on equity issues and the acquisition of own shares, and on the terms and impact of shareholder agreements.
Advice has also been given to a number of leading sports clubs and associations on constitutional and commercial issues.
In the financial services area, recent work has included acting for the Financial Services Authority on issues relating to the regulation of insurance companies, most notably Equitable Life; for an asset management group in relation to split capital trusts, and advice on the conduct of investment business and financial promotion.


Publications
Joint Editor, Lightman & Moss, The Law of Receivers and Adminstrators of Companies, (Sweet & Maxwell, 3rd ed., 2000)
Joint Editor, Company Directors: Law and Liability (Sweet & Maxwell, looseleaf).

Professional Organisations:
Member of The Chancery Bar Association,The Commercial Bar Association, The Association of Business Recovery Professionals, and Insolvency Lawyer Association.

Interests:
Rugby, cricket, golf, music, photography.

Case List
Click here to view the Case list for Richard Snowden QC

Further Information Print Full CV Case Lists
Utilities Make an Enquiry Email this link


© Erskine Chambers. Tel: 020 7242 5532. Fax: 020 7831 0125.

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Re: The Cast - Who's Who in the OFT Test Case

Geoffrey Vos Q.C.

Geoffrey Vos Q.C.
London Office

Called: 1977
Silk: 1993


Awards and Achievements
Chairman of the Professional Standards Committee of the Bar Council.
Member of the General Management Committee of the Bar Council.
Former Chairman of the Chancery Bar Association
Bencher of Lincoln’s Inn.
Sits as a Deputy High Court Judge in the Chancery Division, and as an arbitrator mainly in insurance and reinsurance matters.


Please contact the clerks (clerks@3sb.law.co.uk) for a full CV.
Professional reputation
Awarded the Lawyer magazine’s “Barrister of the Year” award for 2003.
Described by Legal 500 as “one of the Bar’s top advocates” and an “approachable intellectual heavyweight”, and in Chambers Guide 2004 as “a super silk”, he is recommended as a leading silk in both directories.


Practice
Geoffrey undertakes Chancery and Commercial litigation.

He has been involved in litigation in a wide variety of fields. His practice includes Insurance and Reinsurance, Insolvency, Banking and Financial Services, and Company and Commercial work generally.



Notable recent cases

• MAN v Freightliner v Ernst & Young
• Freakley v Centre Re and Munich Re (T&N Limited) [2005] Ll R IR 303
• Sirius International Insurance Co. v FAI General Insurance [2005] 1 WLR
• Apple Corps v. Apple Computer [2004] EWHC 768
• CAT v Abbott Laboratories [2004] EWHC 2974 (Pat)
• Buchler & Ors (joint liquidators of Leyland Daf Ltd) v Talbot & Ors [2004] 2 AC 298
• Christopher Evans v. SMG [2003] EWHC 1423 (Ch)
• Film Finance litigation
• Kuwait Airways Corporation v. Iraqi Airways Limited [2002] 2 AC 883
• Molestina v. Noboa [2002] EWHC 2413 (Comm)
• Estate of Francis Bacon v Marlborough Gallery [2002] EWHC 11 (Ch)
• Director General of Fair Trading v. Premier League BBC and BskyB [2000] EMLR 78
• Bermuda Fire & Marine Insurance Company
• Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896
• Henderson v Merrett [1995] 2 AC 145
• Deeny v Gooda Walker [1994] CLC 1224
• Barings plc & Ors v Coopers & Lybrand & Ors
• Maxwell

3 Stone Buildings
Lincoln's Inn
London UK, WC2A 3XL
tel: +44(0)20 7242 4937
fax: +44(0)20 7405 3896
email: clerks@3sb.law.co.uk
dx 317 London

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Bankim Thanki QC

Call date: 1988
Born: 1964
Silk date: 2003
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Please enter an email address below Practice Areas:
A broad practice focussed on commercial litigation and other high quality civil work, with a particular emphasis on:

• General Commercial Litigation
• Banking and Finance (including Banking Supervision)
• Aviation
• Civil Fraud
• Commercial Arbitration
• Insurance and Reinsurance
• Professional Negligence
• Sports Law
• Civil Procedure, especially all aspects of disclosure and privilege

Summary of Practice:

"Bankim Thanki QC has a 'phenomenal practice' that includes banking, aviation, commercial arbitration, insurance and reinsurance, professional negligence and sports law."
(Chambers Guide to the UK Legal Profession, 2006)

"...commentators heaped praise upon him, depicting him as a "superb and serious player in this market" whose reputation is formidable amongst his peers."

"...Bankim Thanki QC truly shines. He ticks several boxes and is "a good advocate, he drafts excellent skeleton arguments and is liked by judges." Instructing solicitors describe him as having "the right attributes" to work effectively in a team situation."
(Chambers Guide to the UK Legal Profession, 2007)

Rated as one of the "Stars at the Bar" by Chambers for several years, Bankim has considerable experience over a broad range of practice areas in which he is ranked by both Chambers and the Legal 500. He is described by Legal 500 as "an excellent technical lawyer and advocate" and by Chambers as a "class act."

Notable cases since taking Silk in 2003 have included acting for Lloyds TSB Bank in the OFT test case on bank charges, for the Bank of England in Three Rivers, advising the global co-ordinating banks in relation to the IPO of Rosneft, the Russian oil company, acting for Qantas in The Deep Vein Thrombosis and Air Travel Group Litigation and for the Bar Council in Smith v Kvaerner. Current or recent clients include ABN AMRO, BAE, Barclays Bank, the Civil Aviation Authority, Credit Suisse, Dresdner Bank AG, Dresdner Kleinwort Wasserstein, the FSA, GE Capital, Goldman Sachs, HSBC, JP Morgan, Lloyds TSB Bank, Morgan Stanley, Rolls-Royce, RBS and UBS.

In 2006 Oxford University Press published The Law of Privilege, edited by Bankim and co-authored with a team of barristers from Fountain Court Chambers.

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Brian Doctor QC

Born: 1949
Call date: 1991
Silk date: 1999

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Practice Areas:
Brian Doctor has a broad commercial and civil practice, specialising in:

• All areas of commercial law;
• Competition; and
• Civil Fraud

The eagle eyed among you may have spotted that Mr Brian Doctor QC practises at the same firm as Mr Bankim Thanki QC.
Hopefully this will not cause a conflict of interests in the proceedings of the Test Case.

[Amethyst]

Re: The Cast - Who's Who in the OFT Test Case

Fountain Court - People - Richard Coleman

OFT's new QC (replaced Brian Doctor)



Richard Coleman Fountain Court Chambers
rjc@fountaincourt.co.uk Temple
London , EC4Y 9DH United Kingdom
+44 (0)20 7583 3335

• rjc@fountaincourt.co.uk
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Richard Coleman

Call Date

1994
Practice Areas

Richard Coleman has a wide-ranging practice covering all areas of commercial law (including in particular banking, insurance and re-insurance), professional negligence, employment, solicitors’ regulation and public law.
Recommendations (Practitioners' Guides)

Recommended in the professional negligence section of the Legal 500 (2006)
Education

MA (Cantab) (Double First Class Honours) (1st equal in the year in part 1A of the Tripos; 1st in the year in part IB; and 4th in the year in part II) (1987-1990)
LLM, Yale Law School (1990-1991)
Prizes & Scholarships

Won the Girdlers’ Scholarship to study at Cambridge University (an undergraduate scholarship awarded to one New Zealander each year).
Awarded the college prize for the outstanding academic performance, in any subject, at Corpus Christi College, Cambridge, over the course of the degree. Won university prizes for coming first in the first year (part IA of the tripos), first in the second year (part IB of the tripos), first in Commercial Law (sponsored by Norton Rose), first in Constitutional Law, first in Roman Law I and first Roman Law II. Also came first in Administrative Law.
Appointments

2007 - : Attorney General’s A Panel of Junior Counsel to the Crown
2004 - 2007: Attorney General's B Panel of Junior Counsel to the Crown
1999 - 2004: Attorney General's C Panel of Junior Counsel to the Crown.
Other Qualifications

Member of the New York state bar (admitted 1995)
Professional Experience

Richard regularly advises and appears as an advocate in cases falling within the practice areas identified above. The diversity of his practice and experience enables him to approach his cases from a wide perspective. His work on the Attorney General’s panels of counsel for the Crown has given him extensive experience acting as an advocate without a leader. He has conducted several complex cases in the High Court and in the Employment Tribunal, and has plenty of experience of handling both factual and expert witnesses. Some examples of the work that he has done are given below.
Administrative & Public Law:

Did a lot of advisory work for the Ministry of Agriculture, Fisheries and Food (prior to its abolition) and its executive agencies, much of which involved its public powers. Recently appeared with Michael Brindle QC for the Financial Services Authority in the judicial review proceedings brought by Yukos in respect of the proposed listing of Rosneft (Yukos v. Financial Services Authority and the London Stock Exchange), and is also acting for the Law Society in a claim for judicial review of case management decisions of the Solicitors Disciplinary Tribunal: Barnett v. The Law Society.
Arbitration:

Has been involved in arbitrations under the main arbitral regimes. Recent arbitral experience includes Recent arbitral experience covers areas such as letters of credit, seismic data contracts and insurance coverage.
Aviation:

Recently acted for LTE, a Spanish airline, in a dispute with Virgin airlines under two aircraft leases. Acted for India Airlines on a summary judgment application for liquidated damages under an aircraft lease (India Airlines Limited v. GIA, Commercial Court, Tomlinson J, 1 November 2002).
Banking & Finance:

Joint author of the chapter on documentary credits in The Law of Bank Payments (3rd ed. 2004, edited by Brindle and Cox). Currently acting for the Office of Fair Trading in the bank overdraft charges litigation. Recently acted, with leading counsel, for Royal Bank of Scotland in proceedings that arose out of the acquisition of the Jet petrol business, and for a high street bank in the investigation by the Office of Fair Trading into credit card charges. Acted, with leading counsel, for the claimant in Robinson v. Kleinwort Benson (2000), which concerned a disputed valuation of shares by an investment bank. Acted, with leading counsel, for the Morgan Guaranty Trust Company in proceedings involving allegations of knowing assistance and breach of mandate (Omar v. Morgan Guaranty Trust Company (1999)). Also has substantial experience of retail banking litigation.
Chancery:

Has considerable experience of commercial chancery work, such as: acting for Royal Bank of Scotland in a claim concerning allegations of breach of confidence; acting for Brewin Dolphin, stock brokers, in litigation involving allegations of knowing assistance; and acting for the trustees in the Thyssen litigation in Bermuda.
Civil Fraud:

Has been instructed in cases involving allegations of fraud in a variety of contexts. Acted, with leading counsel, for the trustees in the Thyssen litigation in Bermuda, in which abuse of confidence was alleged. Acted, with leading counsel, for the Law Society at trial and in the Court of Appeal in relation to a broker’s claim against the Law Society in respect of the proceeds of an advance fee/bank instrument fraud: Halley v. The Law Society [2003] EWCA 97, Court of Appeal, 13th February 2003; Lloyd J., 1st February 2002). Has considerable experience of litigation arising out of the exercise by the Law Society of its power under the Solicitors Act 1974 to intervene where it has reason to suspect dishonesty on the part of a solicitor in connection with his practice. Instructed, with leading counsel, by Brewin Dolphin in the defence of a claim brought by a former client who makes allegations of deceit and knowing assistance (Reachbyte v. Brewin Dolphin).
Commercial Litigation:

Commercial litigation, both specialist and general, makes up a substantial part of his practice. For further information, see the individual work categories.
Conflicts of Law and Private International Law:

Acted as junior counsel for Cape plc in Lubbe & Ors. v Cape plc [2000] 1 WLR 1545 (House of Lords) and [2000] 1 Lloyd’s Rep. 139 (Court of Appeal and Buckley J), a leading case on forum non conveniens. Often acts in cases that raise issues of forum and choice of law, and in claims to enforce foreign judgments.
Competition Law:

Acted for a high street bank in the investigation by the Office of Fair Trading into credit card charges.
Employment:

Has acted in many claims for unfair dismissal and unlawful discrimination. Recently acted for Commerzbank in a claim brought by a former employee (with leading counsel), and has been instructed by various Government Departments on many occasions (e.g. acting for HM Prison Service in a two week trial of a claim brought under the Disability Discrimination Act by a contract worker with a borderline personality disorder).
Has also been involved in claims for wrongful dismissal in the High Court and in applications for injunctive relief.
Financial Services:

Has considerable experience of regulatory and private litigation involving financial services. Has acted in several cases concerning stockbrokers (see under “Professional Negligence” below). Represented in the Financial Services Authority in the judicial review proceedings brought by Yukos in respect of the proposed listing of Rosneft: Yukos v. Financial Services Authority and the London Stock Exchange and in disciplinary proceedings against Fox Hayes for alleged breaches of the regulations relating to financial promotions.
Insurance & Reinsurance:

Has advised insurers and insureds in relation to the full range of policy issues. Currently acting in substantial litigation in the commercial court concerning the PA LMX market.
Media & Entertainment:

Has been involved in various pieces of litigation in the media and entertainment fields, including Redstorm v. Take 2 (2002) (a dispute between a computer games publisher and a distributor over games royalties) and Radioactive Records v. Mushroom Records (2001) (a recording rights dispute concerning an album called Version 2.0 by Garbage).
Procedure:

Acted for the appellant in an appeal in the Court of Appeal concerning the service of claim forms and the court’s discretion to dispense with service under CPR 6.9: Kuenyehia & Ors v. International Hospital Group [2006] EWCA Civ 21.
Product Liability:

Acted for Cape plc, with leading counsel, in the group litigation brought by several thousand former employees of Cape’s subsidiaries’ mines and mills in South Africa, and by people living in the vicinity. Gained experience of the case management of group actions.
Professional Discipline:

Regularly instructed by the Law Society in disciplinary proceedings against solicitors and in proceedings brought by solicitors to challenge interventions. Appeared, with leading counsel, in the disciplinary proceedings brought against Paul Simms in the Solicitors Disciplinary Tribunal and on appeal in the Administrative Court ([2005] ALL ER (D) 201 (Mar) (solicitors’ duties and privilege) and [2005] ALL ER (D) 239 (May) (costs/payment on account)). Recently appeared for the Law Society in Adams v. The Law Society. Prosecuted disciplinary proceedings for the Financial Services Authority against Fox Hayes in connection with financial promotions.
Professional Negligence:

Has worked in most areas of professional negligence, but has particular experience of claims against investment managers and stockbrokers. These cases have raised issues of professional negligence, breach of contract, breach of statutory duty, breach of equitable duties, agency and deceit. Acting, with leading counsel, for Brewin Dolphin in Reachbyte v. Brewin Dolphin. Recently acted for Brewin Dolphin in Myerson v. Brewin Dolphin (a three week trial in the High Court in 2006). As regards solicitors’ negligence, he has the advantage of having a detailed knowledge of the regulatory regime (see above, under “Professional Discipline”). Acted, with leading counsel, for the trustees in the Thyssen litigation in Bermuda, in which allegations of negligence were made.
Sport:

His knowledge and experience of Public law and Employment, and his experience of tribunals in other fields (solicitors and employment) equip him well for work in this field. Acted for Frank Warren in his defence of a claim brought in the High Court by a boxing promoter in which allegations of wrongful interference with contractual rights were made (Dalton v. Warren, February 2002).
Telecommunications:

Acted in a dispute concerning the design and development of software (EGN v. Cap Gemini (2002)).
Publications

Co-author of the chapter on documentary credits in The Law of Banks Payments (3rd ed. 2004, edited by Brindle & Cox).
Law of Bank Payments
Other Experience

Has taught on the South Eastern Circuit’s Advanced International Advocacy course, which he also helps to organise, since 2002, and in his Inn since 2005.
Advised at the Legal Advice Centre in Bethnal Green from 1996 to 2003.
In 1998 spent three months working in the project finance and arbitration department of Gide Loyrette Nouel in Paris on a Pegasus Scholarship.
Prior coming to the Bar, spent a year working in Washington D.C. at Hughes Hubbard & Reed, a U.S law firm.
Languages

Good working knowledge of French

[Amethyst]

Re: The Cast - Who's Who in the OFT Test Case

Support staff for Barclays litigation

Simon Atrill

Call Date

2005
Practice Areas

Simon has a broad commercial and civil practice in line with Chambers' profile.
Summary of Practice

Simon is presently acting for Barclays Bank (led by Iain Milligan QC and Andrew Mitchell) in the high-profile Commercial Court test case brought by the OFT against eight financial institutions in respect of the legality of current account charges. (Described as one of the top ten trials of 2008 in The Lawyer 14/1/08). He has previously been involved in advising a number of banks in relation to a variety of issues relating to the ongoing bank charges litigation, as well as appearing on behalf of such banks in individual cases in the mercantile and county courts.
During 2006-07, he acted for Rabobank Nederland (in a team led by Ali Malek QC and including Jeffrey Chapman) in the interlocutory, trial and appellate stages of this international commercial litigation. Rabobank’s claims for misrepresentation (including fraud) and breach of fiduciary duty, amounting to more than US$200m, were tried in the Commercial Court before Colman J for twelve weeks commencing in the autumn of 2006. (Described as one of the top ten trials of 2006 in The Lawyer 9/1/06, see also The Lawyer 4/9/06).

Simon is frequently instructed in cases of varying sizes and degrees of complexity, both on his own and as part of a larger team. Since arriving in chambers, Simon has gained experience in a wide range of commercial and civil matters, including:

• Aviation
• Banking and Financial Services
• Chancery
• Civil Fraud
• Commercial Litigation
• Company Law
• Conflicts of Law and Jurisdiction
• Contractual Disputes
• Employment
• Insurance and Reinsurance
• Professional Negligence
• Sale of Goods and International Trade
• Shipping and Commodities
• Sports Law

Education

BA Law, St Catharine's College, Cambridge (Double First)
BCL, St John's College, Oxford (Distinction)
LLM, University of Pennsylvania (Summa cum laude) (First Class equivalent)
BVC, Inns of Court School of Law (Very Competent)
Recent Practice

Banking & Finance

OFT v Barclays Bank and seven other financial institutions
Simon is presently acting for Barclays Bank (led by Iain Milligan QC and Andrew Mitchell) in the high-profile Commercial Court test case brought by the OFT against eight financial institutions in respect of the legality of current account charges. He has previously been involved in advising a number of banks in relation to a variety of issues relating to the ongoing bank charges litigation, as well as appearing on behalf of such banks in individual cases in the mercantile and county courts.

National Westminster Bank plc v Rabobank Nederland
During 2006-07, Simon acted for Rabobank Nederland (in a team led by Ali Malek QC and including Jeffrey Chapman) in the interlocutory, trial and appellate stages of this international commercial litigation. Rabobank’s claims for misrepresentation (including fraud) and breach of fiduciary duty, amounting to more than US$200m, were tried in the Commercial Court before Colman J for twelve weeks in the autumn of 2006. (Described as one of the top ten trials of 2006 in The Lawyer 9/1/06, see also The Lawyer 4/9/06).

CM2 Services Ltd v Lloyds TSB Bank plc
Simon is presently acting for Lloyds TSB Bank plc (led by Bankim Thanki QC) in defending a multi-million pound claim against the bank arising out of an alleged cheque fraud. The claim raises issues relating to conversion, misrepresentation and insolvency law.
Simon is frequently instructed on banking cases of varying sizes and degrees of complexity, recently including:

• Acting for the Royal Bank of Scotland in relation to the recovery of losses arising from an alleged fraudulent moneylaundering scheme (worth in excess of £150,000)
• Acting for a customer in a claim against a major high street bank involving issues of misrepresentation, negligence and undue influence (worth in excess of £100,000)
• Advising a major high street bank in connection with compliance with a freezing order and ancillary orders
• Various claims in relation to the enforcement of loans and their security

Civil Fraud/Conflict of Laws and Jurisdiction/Contractual Disputes
National Westminster Bank plc v Rabobank Nederland
See entry under Banking and Finance.
CM2 Services Ltd v Lloyds TSB Bank plc
See entry under Banking and Finance.
Publications

Civil Procedure:

• Legal Privilege and Mandatory Disclosure under the Proceeds of Crime Act 2002 [2005] LMCLQ (co-authored with Alex Barden)

International Commercial Litigation/Conflict of Laws:

• Sole Author, UK Government / Dept of Constitutional Affairs Summary of English Conflict of Laws rules for EU Project: http://ec.europa.eu/civiljustice/app...law_gen_en.htm
• "Choice of Law in Contract: The missing Pieces of the Article 4 Jigsaw?" (2004) 54 International and Comparative Law Quarterly 559
• "The Enforcement of Foreign Judgments in Canada" (2004) 63 Cambridge Law Journal 574
• Book review: Aidrian Briggs', The Conflict of Laws [2004] LMCLQ 265

Regulatory / Public Law / Human Rights:

• "The Right to Property" in Grosz, Beatson and Duffy on the Human Rights Act 1998 (2nd ed. 2006 Sweet & Maxwell)
• "The End of Estoppel in Public Law?" (2003) 62 Cambridge Law Journal 3
• "Keeping the Executive in the Picture: a reply to Professor Leigh" [2003] Public Law 41
• "Who is the 'fair-minded and informed observer'? Bias after Magill" (2003) 62 Cambridge Law Journal 272
• "Nulla Poena Sine Lege in Comparative Perspective: Retrospectivity under the ECHR and US Constitution." [2005] Public Law 107
• Book review: Conor Gearty, Principles of Human Rights Adjudication (2005) 64 Cambridge Law Journal

Other Experience

Supervisor in Conflict of Laws and Administrative Law, University of Cambridge (2004-05)

Internship with Jamaican Council for Human Rights, Kingston, Jamaica (working on Death Row appeals to the Privy Council) (June - September 2000)
Languages

Working knowledge of French and Spanish

[Amethyst]

Re: The Cast - Who's Who in the OFT Test Case

Banks set to appeal OFT charges ruling - 24 April 2008

Who instructed who for who?

The OFT instructed Brian Doctor QC of Fountain Court


Ashurst partner Wilson Thorbury instructed Ali Malek QC of Three Verulum Buildings to represent Abbey National


Simmons & Simmons partner Colin Passmore instructed Iain Milligan QC of 20 Essex Street to represent Barclays Bank


Addleshaw Goddard partner Michael Barnett instructed Richard Salter QC of Three Verulum Buildings to represent Clydesdale Bank





Allen & Overy partner Mark Florent instructed Robin Dicker QC of 3-4 South Square to represent HBOS





Freshfields Bruckhaus Deringer partner Simon Orton instructed Richard Snowden QC of Erskine Chambers to represent HSBC Bank


Lovells partners John Holland and Andrea Monks instructed Bankim Thanki QC of Fountain Court to represent Lloyds TSB Bank





Slaughter & May partner Ewan Brown instructed Geoffrey Vos QC of 3 Stone Buildings to represent Nationwide Building Society





Linklaters partner James Gardner instructed Laurence Rabinowitz QC of One Essex Court to represent The Royal Bank of Scotland Group

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Re: The Cast - Who's Who in the OFT Test Case

4 Stone Buildings Chambers





Jonathan Crow QC

Attorney General to HRH the Prince of Wales

Called: 1981
Silk: 2006



printer friendly cv



Areas Of Practice

1981-1998: As a junior specialising in company/commercial litigation, Jonathan was heavily involved in cases such as Guinness, Polly Peck and Barlow Clowes, as well as numerous shareholder disputes, and media and entertainment cases. He also appeared overseas, in the Sea Containers takeover dispute and in the litigation following the insolvency of Bermuda Fire and Marine. Chambers & Partners described him as an “absolute star”, and ranked him in 4 categories – company law, financial services, chancery and insolvency. The Legal 500 described him as “brilliant” and “outstanding”, ranking him as one of the top 3 juniors at the Bar, with recommendations in commercial litigation, company law, banking and insolvency.
1998-2006: During his tenure as First Treasury Counsel (Chancery), Jonathan was retained exclusively by the Government. His practice widened to include all aspects of public law, with an emphasis on human rights and freedom of information. Although by convention he remained a junior, his practice was effectively that of a silk throughout. He has appeared 20 times in the House of Lords, and on numerous other occasions in the Court of Appeal and in the European Court of Human Rights.
2006 onwards: In 2006, Jonathan returned to private practice as a silk. On announcing his retirement as First Treasury Counsel, the Attorney General said that Jonathan was a barrister “of the very highest calibre” who had given “outstanding service to the government in many cases of the greatest public importance”. Jonathan now combines his wider experience in public law with his previous specialisation in company/commercial litigation.
Cases Of Interest

Jonathan has appeared in well over 100 reported cases covering a wide range of topics. Recent cases in the House of Lords and in the European Court of Human Rights have included issues as diverse as legal professional privilege (Three Rivers (No. 6)), employment (Serco v. Lawson), discrimination in inheritance tax (Burden v. UK), religious attire in schools (Denbigh High School), adverse possession (Pye v. UK), deaths in custody (Amin and Middleton) and assisted suicide (Pretty). Other cases range from corporate insolvency and directors’ duties to money laundering and ASBOs, from misfeasance and asset recovery to employment law, pensions, and the liability of expert witnesses (Meadow v. GMC). More recondite issues have also arisen concerning listed buildings and market law. A fuller list of cases is available on the printer friendly cv. A number of Jonathan’s decisions as a Deputy High Court Judge on points of company law have also been reported.
Appointments

1994 Treasury Counsel (Chancery)
1998 First Treasury Counsel (Chancery)
1998 Bencher of Lincoln’s Inn
2001 Deputy High Court Judge
2006 Attorney General to HRH the Prince of Wales
Professional

Commercial Bar Association
Chancery Bar Association
Administrative Law Bar Association
Insolvency Lawyers Association
Lectures and Seminars

Jonathan is regularly asked to provide lectures and seminars for solicitors and for various professional bodies, including the Administrative Law Bar Association, the Human Rights Lawyers Association, the Property Law Bar Association, and the annual conference of the Government Legal Service. He gave the annual speech to the Insolvency Lawyers Association in 2006, and addressed both the Chancery Bar Association’s annual conference and the Administrative Law Bar Association’s annual seminar on the Human Rights Act in 2007. He spoke again at the Chancery Bar Association’s annual conference and the GLS’s annual conference on administrative law earlier this year.

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Re: The Cast - Who's Who in the OFT Test Case

Brick Court Chambers | Jonathan Sumption QC