Catherine Gibaud Call 1996, B Bus Sc (Hons) (Actuarial Science) Cape Town CPE (City University) E-mail: cgibaud@3vb.com

Catherine Gibaud specialises in commercial litigation and advisory work. Catherine has particular experience in banking and finance, insolvency and restructuring, commercial/civil fraud and financial services. She has been heavily engaged for the last two years in the J P Morgan v Springwell Navigation Corporation litigation, acting for JP Morgan in a counsel team led by Mark Hapgood QC, defending claims of c.$700million brought against the bank concerning alleged investment advice relating to a portfolio of emerging markets investments. Judgment is awaited after a six month trial before Gloster J, one of The Lawyer's "Top 10" trials of 2007. Ranked as a leading junior in Banking and Finance, she is noted for her "first rate analysis" and "commitment and organisation" which was "much commented upon" (Chambers & Partners 2007) throughout the Springwell litigation, in which she was instructed by Clifford Chance.

Catherine has acted in several commercial, insolvency and insurance disputes arising out of corporate collapses and frauds, including the Oracle Fund, the Navigator Group, the Daewoo Group, the BCCI/Bank of America fraudulent trading litigation and the Maxwell Group insurance litigation. Recent instructions in this area include advising a large (mainly foreign government owned) company who was one of the main creditors in the liquidation of a large manufacturer (issues as to whether Liquidation Committee ought to sanction a compromise proposed by the Liquidator, further issues of shadow directorship, preferences, alternative dividend distribution models, assignment and restitution claims).

Catherine has a wide range of experience in financial services, pensions and regulatory matters, and regularly advises on FSMA issues, claims relating to mis-selling (pensions, endowments), brokers' regulations, and professional negligence claims relating to IFAs, actuaries and pensions matters. In 2001, she was seconded to the Financial Services Authority for 3 months, working on FSMA issues, and she is regularly instructed by the FSA in advisory matters and in relation to court hearings.

Catherine was appointed Junior Counsel to the Crown in 2002 (C Panel) and appointed to the B Panel in 2007. She is instructed regularly by the DTI in relation to winding up petitions in the public interest concerning fraudulent and/or insolvent companies or groups of companies (eg. "identity hijack companies"; "holiday clubs" scams; share capital frauds) as well as acting in the appointment of provisional liquidators and directors' disqualification proceedings in the Chancery division.

Catherine is also a CEDR Accredited Mediator. Before coming to the Bar, she trained as an actuary and worked in the corporate finance division of Ernst & Young. Catherine was elected to the Commercial Bar Association (Combar) Executive in 2007.

Main Practice Areas

• Commercial litigation
• Banking and finance
• Insolvency and restructuring
• Chancery/commercial litigation
• Civil/commercial fraud (including tracing and asset recovery)
• Financial services and regulatory issues
• Professional negligence (lawyers, accountants, brokers, actuaries, auditors, IFAs and pension trustees)
• Insurance & reinsurance disputes (including notification, coverage and contribution issues and brokers' professional negligence claims).
  

• In the matter of the Equitable Life Assurance Society, The Prudential Assurance Company Ltd, the Financial Services and Markets Act 2000 [2007] EWHC 3128 (Chancery Division, The Chancellor 30.11.07) (instructed by the FSA in the matter of the application under FSMA to the court to sanction the transfer of business from Equitable to the Prudential and ancillary orders). Led by Ian Glick QC.
  
  
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2006] EWHC 2755 [2007] 1 All ER (Comm) 549 (Aikens J) ( Issues as to admission of expert evidence in substantial commercial cases and guidance as to principles to be applied when deciding whether the evidence should be admitted under CPR35.1). Led by Mark Hapgood QC and Adrian Beltrami.
  
  
• Royal & Sun Alliance v British Engine and others [2006] EWHC 2947 (Chancery Division, David Richards J, 17.10.06) (instructed by the FSA in the application to the court under FSMA for the sanction of the scheme for the transfer of insurance business)
  
  
• Re UK-Euro Group plc [2006] EWHC 2102 (Ch); [2007] 1 BCLC 812 (26.7.06) (Company engaged in a share sale fraud, breaches of Public Offer of Securities Regulations and FSMA 2000 in offering shares to the public, successfully acted for DTI in appointing provisional liquidator and in the subsequent contested hearing to wind up the company in the public interest, exposing the fraudulent company director as a result; issues under s.124A Insolvency Act).
  
  
• Cambridge Gas Transport v Committee of Creditors of Navigator Holdings [2006] UKPC 26 (advising in relation to issues of recognition and enforcement of US Chapter 11 bankruptcy proceedings in common law jurisdictions). Led by Ewan McQuater QC.
  
  
• Teambrook Limited v Standard Bank London Ltd (2005) (contractual dispute concerning margined trades in platinum group metals on the London Platinum and Palladium market; litigation settled out of court).
  
  
• BC International Limited (UK distributor of Playboy Clothing) v Caprice Bourret (2004) (issues of forum non conveniens - New York/London).
  
  
• BCCI v. Bank of America (2003) (Chancery Division) (Claim by BCCI liquidators against Bank of America for fraudulent trading under s.215 Insolvency Act: issues of banking and insolvency). Led by Robin Dicker QC, Ewan McQuater QC and Adrian Beltrami.
  
  
• Child-Villiers v Aon Risk Services (UK) Ltd [2002] EWCA Civ 1118 (Lord Phillips MR, May and Law LJJ) (Successful appeal to CA. Issues of contract, quantum meruit and credibility of witnesses.)
  
  
• Barclays Bank v. Alcorn (Chancery Division, Hart J, 11.03.02; appeal by defendants to CA dismissed [2002] EWCA Civ 817) (Acting for Bank in mortgage action where issues on appeal from county court to Chancery Division included construction of s.36 AJA; whether s.36 compatible with Article 8 ECHR and/or Article 1 of First Protocol. Interaction of human rights with common law rules as to mortgagee's right to possession.)
  
  
• Sophie Dahl v Marie Claire (2002) (issues of breach of contract, right to protection of the Claimant's image and reputation, Article 8 ECHR; litigation settled).
  
  
• Melinda Messenger v Arcadia Management (London) Limited and others (2001-2002) (acted for Melinda Messenger in dispute with agents, action for breach of contract, breach of trust and an account)
  
  
• Société Bordelaise de CIC v. Chesswood Produce Limited (2002) (Chancery Division) (Acting for claimant, summary judgment obtained in claim on cheques as inland bills under Bills of Exchange Act. Conflicts issues as to applicable law, validity, transferability, enforcement and indorsement of cheques. Litigation settled 2003).
  
  
• Ahmed v. Habib Bank Ltd (CA, Mummery LJ and Sir Martin Nourse) [2001] EWCA Civ 1270; Carnwath J, The Times, 2 November 2000; 144 SJLB 274 ] (Application to set aside registration of Pakistani judgment based on three bank guarantees; Issues of fraud on the guarantees, construction of the Act; conflicts of law and jurisdiction). Led by Richard Salter QC.
  
  
• Skrine & Co & others v. Euromoney Publications plc & ors (CA, Pill, May LJJ, Rimer J ) [2001] EWCA Civ 1479 The Times 10.11.2000 (Contribution proceedings under 1978 Act; Issues concerning Human Rights Act 1998, justiciability, comity). Led by Ian Geering QC.
  
  
• Lincoln v. Citicorp (£20m litigation arising out of indemnity clause in sale agreement relating to pension mis-selling claims, settled October 2000). Led by Andrew Onslow QC.
  
  
• Gan Insurance Co Ltd v Tai Ping; Tai Ping Insurance Co Ltd v Jenner Fenton Slade Ltd (Comm) J, 21.6.2000) [2002] EWCA Civ 248 (Reinsurance dispute. Issues of misrepresentation/non-disclosure; construction of claims co-operation clauses; professional negligence claim against brokers). Led by Tom Weitzman QC.
  
  
• Smith v Probyn and PGA European Tour Ltd (Morland J, 25.2.2000) The Times 29 March 2000,144 SJLB 134 (Service of claim form under the CPR invalid where no prior written confirmation obtained that solicitors were authorised to accept service)



• Reliance National and others v Provident Medical Limited (Commercial Court, Longmore J, 21.7.00) (Acting for Claimants in successful application to deliver up documents under injunction). Led by Rory Phillips QC.
  
  
• Royal Bank of Scotland v Wallace International Ltd (CA, Morritt, May LJJ Wall J 27.1.2000) (Issues of whether transfer of funds constituted intercompany loan or trust funds, issues of tracing, knowledge and notice on the part of the bank, acquiescence and estoppel. Successfully resisted appeal.) Led by Anthony Boswood QC and Andrew Sutcliffe.
  
  
• Virk v. Gan Life Holdings plc [2000] Lloyds Rep IR 159; 52 BMLR 207 (CA, Henry, Potter LJJ) (Court of Appeal found that 30 day survival requirement was a condition precedent to payment under critical illness policy).
  
  
• Hodgson and others v. Imperial Tobacco Ltd and anr (Wright J, 4.2.99) ("Tobacco Litigation", product liability group action: whether Court should exercise discretion under s.33 Limitation Act 1980 in relation to claims brought by lung cancer sufferers against the tobacco companies). Led by Justin Fenwick QC.



• Hadley v. Kemp [1999] EMLR 589 (Park J, Ch Div). (Acted for band members of Spandau Ballet in dispute with Gary Kemp over publishing income and issues as to joint authorship in the musical works). Led by Andrew Sutcliffe QC.



• Morgan Stanley International v. Alfio Puglisi Cosentino [1998] CLC 481 (Comm, Longmore J) (Definition of a "derivative" for purposes of FSA 1986; transaction involving "principal exchange rate linked securities" (PERLS) was a derivative under FSA; issues re enforcement of derivative contract against "private customer"). Led by Barbara Dohmann QC.
  

Appointments

• Appointed to the COMBAR Executive 2005, 2006 and 2007-
• Secretary of the Commercial Bar Association (COMBAR) (2002-2004)
• Junior Counsel to the Crown B Panel (2007-)
• Junior Counsel to the Crown C Panel (2002-2007)
• CEDR Accredited Mediator (2001-)

Articles and Publications

• Author of Mortgages, Guarantees, Undue Influence sections of Bullen & Leake & Jacob's Precedents of Pleadings (16th edn, Sweet & Maxwell, 2007)
  
  
• Recent Developments in International Fraud (2006)
  
  
• Challenges to the FSA and the Financial Ombudsman Service (2004)
  
  
• The Problem of Knowledge Acquired by a Broker in a Capacity other than as agent for the particular assured (2004)
  
  
• Banks, Insurers and Senior Management: New Roles and Responsibilities under FSMA 2000 (March 2003)
  
  
• Set-off and Self-Help for Banks: Cross-Border Set-off and Netting (Eurolegal Conference paper, April 2002)
  
  
• Legal Decisions Affecting Bankers 1991-1999: contributor

Awards & Scholarships

• The Mould Scholar of Gray's Inn, 1996.
• Gray's Inn Mooting Prize, 1996.
• CCH Editions Ltd Prize for Company Law, 1996.
• Prince of Wales Scholar, Gray’s Inn, 1995.

Languages

French (working knowledge).