Peter Ratcliffe Call 1998; BA (Hons) MA (Nottingham) E-mail: pdratcliffe@3vb.com

Peter Ratcliffe specialises in commercial litigation and advisory work, with particular emphasis on insurance and reinsurance, commercial fraud, media and entertainment, professional negligence and banking and financial services.

Peter is recognised by the principal independent legal directories as a leading practitioner in the fields of insurance and reinsurance (Legal 500, Chambers & Partners) and media and entertainment (Legal 500, Chambers & Partners, Legal Experts).

Main Practice Areas

Commercial Litigation

In addition to specialist cases in the areas identified below, Peter has a broad commercial litigation practice. Recently he has been extensively involved in Kensington International v Republic of the Congo (Commercial Court; Court of Appeal; and co-operation with legal teams in related actions in the US, Hong Kong, Switzerland, Mauritius, France and the British Virgin Islands):

• Substantive issues included conspiracy, unlawful interference, transactions defrauding creditors (s.423 Insolvency Act 1986), piercing the corporate veil, the operation of structured trade financing facilities and prepayment agreements, judgment proofing, third party debt proceedings, sham companies and transactions, RICO, and the privilege against self-incrimination in s.13 Fraud Act 2006.
  
  
• Numerous applications in the Commercial Court for Norwich Pharmacal relief, Mareva/freezing injunctions, gagging orders, and for relief under s.25 CJJA 1982 in support of foreign proceedings. Led variously by Ewan McQuater QC, Andrew Onslow QC, Jonathan Nash QC and Ali Malek QC in the Commercial Court and by Jonathan Nash QC in the Court of Appeal.
  

Insurance and Reinsurance

Peter acts for insureds, insurers, reinsurers and brokers; he regularly appears before both legal and lay arbitrators. He is ranked as a leading practitioner by Legal 500 and Chambers & Partners:

"Having attracted attention for work on major cases for Aon, Peter Ratcliffe has expanded his insurance specialism recently … 'Knowledgeable beyond his call', he's 'creative and clever without being diverted into technical cul-de-sacs'" (Chambers & Partners, 2008)

"Peter Ratcliffe continues to make an impact in the market" (Legal 500, 2008)

"thorough and hard-working" (Chambers & Partners, 2007)

• Acting for the captive insurer of a large multi-national in relation to US product liability litigation and reinsurance recoveries in the London and Bermudan markets. Led by Tom Weitzman QC.
  
  
• Dunlop Haywards v Dore (Commercial Court). Acting for Lloyd's and company insurers in a claim under professional indemnity insurance. Issues include aggregation, fraud exclusion and claims co-operation and control. Led by George Leggatt QC.
  
  
• Standard Life Assurance Company v Oak Dedicated Ltd & Others and Standard Life Assurance Company v Aon Limited (Commercial Court). Acting for brokers in disputes relating to the placement and operation of financial institutions insurance (claim arising from the mis-selling of endowment policies). Led by Tom Weitzman QC.
  
  
• Advising brokers in relation to claims for the return of commission brought by the liquidators of an insolvent insurer.
  
  
• Gordian Run-Off Limited v Farm Bureau Mutual Insurance Company (Commercial Court). Acted for retrocessionaires in dispute concerning the reinsurance of Farm Bureau's participation in an AIG Worldwide Primary Property and Construction Risks facility. Issues included the obligations of reinsurers and reinsureds pursuant to follow settlements provisions.
  
  
• Stronghold Insurance Company v Bulstrad Insurance and Reinsurance (Commercial Court; Mercantile Court; Arbitrations). Acted for successful reinsured in trial of reinsurance recoveries claims before HHJ Mackie QC. Issues included the application of English follow settlements provisions to underlying claims settled according to US theories of allocation of long-tail casualty business. Instructed in several related arbitrations.
  
  
• BP Amoco v National Union Fire Insurance Company & Others (Commercial Court) [2006] 1 Lloyd's Rep 549 (application to amend/non-exclusive jurisdiction clause); [2006] Lloyd's Rep IR 577 (trial). Acted for brokers in disputes arising out of a global energy CAR open cover (onshore and offshore). Issues included duties of sub-brokers to the insured. Led by George Leggatt QC and Tom Weitzman QC.
  
  
• Panamericana Del Ecuador v TCRU and Agnew Higgins Pickering (Commercial Court). Disputes relating to the reinsurance of Ecuadorian energy risks in the London market, including contribution proceedings between producing and placing brokers.
  
  
• Reliance National Insurance Company v Cigna Europe (Commercial Court). Jurisdiction dispute concerning PA reinsurance contract covering Norwegian health professionals.
  
  
• Bonner v Cox (Commercial Court) [2005] Lloyd's Rep IR 569. Reinsurance claims connected with a permanent open cover (the "Aon 77" cover) in the direct energy market. Led by George Leggatt QC and Juliet May.
  
  
• Non-contentious advisory and drafting work for Aon Limited for the development of a major on-line broking and risk management system.
  
  
• Other areas of recent experience include litigation and advisory work relating to: onshore & offshore CAR insurance/reinsurance; film finance; satellite launch and in-orbit insurance/reinsurance; D&O cover; bloodstock; business interruption; professional indemnity (London and Bermudan markets); permanent health insurance; financial institutions & banker's bond; product liability.
  

• Dunlop Haywards v Dore (Commercial Court). Proceedings arising out of complex scheme to defraud mortgage lenders in respect of numerous commercial and residential property transactions. Led by George Leggatt QC.
  
  
• Kensington International v Republic of Congo (Commercial Court; Court of Appeal; extensive co-operation with legal teams in related actions in the US, Hong Kong, Switzerland, Mauritius, France and the British Virgin Islands). Applications in the Commercial Court for Norwich Pharmacal relief, Mareva/freezing injunctions, gagging orders, and for relief under s.25 CJJA 1982 in support of foreign proceedings (led variously by Ewan McQuater QC, Andrew Onslow QC, Jonathan Nash QC and Ali Malek QC). Issues included: conspiracy, unlawful interference, transactions defrauding creditors (s.423 Insolvency Act 1986), piercing the corporate veil, structured trade financing facilities and prepayment agreements, judgment proofing, third party debt proceedings, sham companies and transactions, appointment of provisional liquidator (in BVI) over foreign corporations, RICO, and the privilege against self-incrimination in s.13 Fraud Act 2006.
  
  
• Briskin v Berk-Shah (Chancery Division). Acted for the Claimant in multi-jurisdictional actions to unravel a complex series of transactions relating to a prestigious villa on the French Riviera. Led by Andrew Fletcher.
  
  
• Paragon International Investments v Sharma. Fraud claim brought by a BVI-domiciled company in relation to an internet-based lottery game based in the Pacific Island Republic of Palau. Extensive security for costs work.
  
  
• GMAC Ltd v Dearden & Ors (Commercial Court). Acted for a factor/invoice discounter to recover the proceeds of a fraudulent invoicing scheme.

Media and Entertainment

Peter acts for a range of clients in the music, film and broadcasting industries. He is ranked as a leading practitioner in the media and entertainment field (Legal 500, 2004 to-date; Chambers & Partners, 2005 to-date):

"… 'genial but contemplative' Peter Ratcliffe prospers having gained experience in his former incarnation as an independent film and television producer. He now receives regular instruction on high-profile cases … He receives praise for 'exuding a level of confidence you don't expect from a junior,' and for 'getting the job done with no hint of the ivory towers approach,' instructing solicitors also like him for his 'cerebral but user-friendly' approach. He is 'excellent on detail, thorough and hard-working'." (Chambers & Partners, 2008)

"extremely strong on music" (Chambers & Partners, 2007)

An "extremely efficient" practitioner "whose efforts on music industry-related matters have caught the eye of the market." (Chambers & Partners, 2006)

Current and recent instructions include:

• Taylor v Le Bon & Others (Chancery Division). Acting for Duran Duran's management company in partnership and related disputes arising out of the Claimant's departure from the band.
  
  
• Martinez v GMTV. Acting for the Defendant broadcaster/production company in proceedings for breach of contract brought by a participant in one of its shows.
  
  
• Acting for a member of one of the leading dance/electronica acts of the 1990s in a partnership dispute with former band members.
  
  
• AudioActive v Phillips (Chancery Division). Acting for the Claimant record company in a dispute arising out of a recording agreement with the rap and hip hop recording artist and producer, Pete Rock. Includes jurisdiction dispute (London/NY).
  
  
• McPhail v Bourne (Chancery Division). Acted for one of the Defendants in partnership and related disputes associated with the band Busted.
  
  
• Sparta Florida Music Group v V2 Music Publishing and Others (Chancery Division). Acted for V2 Music Publishing and Warner Chappell Music in a copyright dispute concerning Paris Hilton's "Stars Are Blind".
  
  
• Wyllie & Blackwell v Dougan (Chancery Division). Management dispute between composer/producer/artist and his former managers.
  
  
• Muziekuitgeverij Artemis v Chrysalis (Chancery Division). Dispute concerning the ownership of copyright in Morrissey's publishing catalogue.
  
  
• Acted for the members of one of the legendary rock groups of the 1970s in a dispute concerning the ownership of copyright in the artwork for one of their album sleeves.
  
  
• Taylor v Rive Droite Music Limited (Chancery Division; Court of Appeal). Claims under publishing and producing agreements relating to songs by numerous major artists. Led by Andrew Sutcliffe QC.
  
  
• Cassidy v Cartwright & Others (Chancery Division). Acted for David Cassidy in relation to disputed management and tour promotion agreements. Led by Andrew Sutcliffe QC.
  
  
• Music Sales Ltd v Charles Dumont. Cross-border music copyright dispute. Led by Andrew Sutcliffe QC.
  
  
• Onians v Sotheby's (QBD). Acted for executors in a dispute with Sotheby's concerning the sale of Nicolas Poussin's 'The Capture and Destruction of the Temple at Jerusalem by Titus'. Led by Rory Phillips QC
  
  
• Osbourne v September Films (Chancery Division). Acted for the producer in an action relating to documentaries about Sharon and Ozzy Osbourne.
  
  
• One Little Indian v V2 Records (Chancery Division). Acted for One Little Indian in a contractual dispute concerning a music recording and distribution deal. Led by Andrew Sutcliffe QC.
  
  
• Bravado v Minogue. Dispute arising out of the breach of a merchandising agreement. Led by Andrew Sutcliffe QC.
  
  
• Ashbee v Gallagher. Acted for the group Oasis in an action brought by a former associate in relation to an alleged management agreement. Led by Andrew Sutcliffe QC.
  

Professional Negligence

Advocacy and advice in professional negligence disputes, particularly those involving insurance brokers, solicitors and barristers. Peter has been involved in several of the major insurance brokers' negligence cases of the past 5 years. Current and recent work includes:

• Standard Life v Oak Dedicated; Standard Life v Aon Limited (Commercial Court). Acting for Aon in disputes relating to alleged negligence in the placement of financial institutions insurance. Action includes a claim by Aon against a City firm for professional negligence. Led by Tom Weitzman QC.
  
  
• BP v Aon (Commercial Court). Acted for Aon in a professional negligence claim arising out of the placement and operation of a global open cover insurance facility. Principal issue concerned the professional duties of sub-brokers to the insured. Led by George Leggatt QC and Tom Weitzman QC.
  
  
• Bonner v Cox (Commercial Court). Acted for Aon in professional negligence claim arising out of the operation of a permanent open cover in the energy insurance market. Led by George Leggatt QC and Juliet May.
  
  
• Acted on behalf of defendant solicitors in numerous solicitors' negligence disputes.
  
  
• Jones v Lawrence Stephens and Another (QBD). Acted on behalf of a barrister in a claim for professional negligence. Led by Ewan McQuater QC.
  
  
• Onians v Sotheby's (QBD). Acted for executors in a dispute with Sotheby's concerning the sale of Nicolas Poussin's 'The Capture and Destruction of the Temple at Jerusalem by Titus'. Led by Rory Phillips QC.
  

Awards and Scholarships

Nottingham University Exhibitioner (1988)
British Academy Studentship (1990)
Diplock Scholar (Middle Temple) (1998)

Languages

Professional Membership