Practice

Came to the Bar in his mid-thirties, having spent 10 years as a director in the theatre. Now has a commercial practice across a wide field, with extensive experience of professional negligence claims (particularly claims against accountants and solicitors). Also specialises in insurance and reinsurance disputes, both in arbitration and in court. A veteran of several heavy commercial trials. Senior junior in The Lawyer's Litigation Team of the Year 2006 acting for Ernst & Young in the £2.6 billion audit negligence claim brought by Equitable Life. Acted for Price Waterhouse in Elton John's claim against the firm. Second junior in BBL v Eagle Star and NRG v Bacon & Woodrow. Listed in Chambers Directory as a leading junior in the commercial litigation field and in the Legal 500 as a leading junior in the professional negligence field. Formerly of Brick Court Chambers.

Cases

Reported cases:

• Equitable Life v Ernst & Young [2003] Lloyd's Rep PN 88, [2003] 2 BCLC 603: £2.6 billion audit negligence claim - with profits pensions background.
  
  
• Astea (UK) v Time Group [2003] All E.R. (D.) 212 (Apr): software dispute; issues arising from repudiation of contract
  
  
• Elton John v Price Waterhouse [2002] 1 W.L.R. 953: claim against auditors.
  
  
• Cigna Life v Intercaser [2002] 1 All E.R. (Comm) 235: application for stay in favour of arbitration.
  
  
• Silverburn Finance v Salt & Gibrail [2001] 2 All E.R. (Comm) 438, C.A.: Court of Appeal decision on revocation/termination of guarantees in factoring relationship.
  
  
• Hussmann Manufacturing v Al Ameen [2000] 2 Lloyds Rep 83: arbitration appeal under sections 67 and 68 of the Arbitration Act 1996 arising out of termination of Saudi distribution agreement. Subsequently went to Court of Appeal on different question where it was reported as Hussmann (Europe) v Pharaon [2003] 1 All E.R. (Comm.) 879.
  
  
• Saleslease v Davis [1999] 1 W.L.R. 1664, C.A.: Court of Appeal decision on measure of damages where finance company's property wrongfully interfered with.
  
  
• NRG v Bacon & Woodrow [1997] LRLR 678, [1995] 2 Lloyds Rep 404: major claim against accountants arising out of take-over of Victory Re.
  
  
• BBL v Eagle Star [1995] 2 All ER 769: insurance law, valuation practice and measure of damages.
  
  
• Steans Fashions v Legal & General [1995] 1 BCLC 332 C.A.: issues of company law and procedure.
  
  
• Re Wimbledon Village Restaurant [1994] BCC 753: company director disqualification case.

• Instructed for major firm of solicitors in connection with negligence claim arising out of various transactions in the property market.
  
  
• Acting for investors in film finance partnerships in claim arising out of tax advice given by accountants.
  
  
• Acting for company in claim against former director for breach of fiduciary duty.
  
  
• Instructed for solicitors on £25m professional negligence claim involving alleged payment of a secret commission in the course of a commercial property transaction.
  
  
• Advising surveyors in connection with the Electronic Communications Code (formerly the Telecommunications Code).
  
  
• Instructed for defendant vendors in £6m share warranty claim.
  
  
• Advising potential claimants in connection with mining dispute.
  
  
• Retained by major steel manufacturer on claim involving systematic theft of scrap metal.
  
  
• Instructed by defendant insurance brokers on major negligence claim.
  
  
• Advising international insurers on $50m claim arising out of use of HRT drugs
  

• Tootell v Hadrian Spring (2005): claim under Commercial Agents Regulations.
  
  
• Unipart v Midland Gears (2004): payment dispute arising out of £1m fraud.
  
  
• Bryant v Ernst & Young (2004) audit negligence claim.
  
  
• Websitebilling.com v Epay (2003): Internet billing dispute.
  
  
• Major pollution excess primary insurance dispute arising out of Louisiana chemical spill (2003): London arbitration under New York law.
  
  
• Emerald Meats v AIB Group: (2002): Court of Appeal decision on calculation of overdraft interest by retail bank.
  
  
• Chaston v SWP Group (2000-2002): claim in deceit and breach of warranty against vendor of a business.
  
  
• Motorola v Global Wireless (2002): complex summary judgment application on $2m claim for goods sold. Also included Commercial Agents Regulations issues.
  
  
• Linpac Plastics v Europlast H Mudder: (2001): Court of Appeal decision on the formation of a contract.
  
  
• Major pollution insurance claim after leak from oil refinery in San Francisco (1998-1999). London arbitration under New York law.
  
  
• Royal College of Gynaecologists v Ernst & Young (1999): professional negligence claim.
  
  
• Re a Company (1999): debt claim with shipping background, included significant insolvency elements.
  
  
• City Mortgage Corporation (1998-2000): various claims arising from loans made in the non-status mortgage lending market. Questions of the applicability of the Unfair Terms in Consumer Contracts Regulations.
  
  
• Tamaris v Speciality Care (1999): breach of warranty claim arising out of sale of a portfolio of nursing homes.
  
  
• Professional Pilot Study Centre v SFT Aviation (1998-9): dispute over breakup of joint venture relationship. Enforceability of restrictive covenant, nature of joint venture relationship.
  
  
• Bank Austria v Price Waterhouse (1997-98): major claim against due diligence accountants arising out of take-over of Sovereign Leasing.
  
  
• Ramogan litigation (1996-97): claims against auditors arising out of mismanagement of investment company owned by pop star.
  
  
• Kleinwort Benson v Eagle Star (1995-97): several claims brought by lender on basis of commercial Mortgage Indemnity Policies. Issues of insurance law and valuation practice.
  
  
• Target claim (1995-97): claim based on Mortgage Indemnity Policies. Extensive issues of lending/financial services practice and insurance law.
  
  
• Cravens Dargan v Eagle Star (1997-1999): US pollution claims brought on policies dating back to 1950s. Issues of reinsurance practice, agency and contract law.
  
  
• Siirtec v Consolidated Contractors (1995-97): ICC arbitration of dispute between engineering subcontractor on oil pipeline project in Kuwait interrupted by Gulf War.

Appointments

CEDR Accredited Mediator (1998) - mediation curriculum vitae