Scott undertakes a broad range of commercial and banking work. He has more than a decade of experience in complex and high value commercial litigation. Prior to joining chambers in 2012, he practised as a solicitor in Melbourne and with Clifford Chance LLP in London. Recent instructions include:
- Midtown Acquisitions LP v Essar Global Fund Ltd (Comm Court) recognition and enforcement of a NY judgment at common law, double recovery, Henderson v Henderson abuse of process and the effect of an agreed foreign stay (led by David Wolfson QC).
- A European listed entity v a bank (Comm Court). Acting for the claimant advancing a claim of economic duress in a takeover context (led by John Odgers QC).
- Hodell v Clydesdale Bank plc (QBD), acting for the bank in respect of claims by a property developer, partnership and two associated companies for breach of an alleged contract to provide long term finance corresponding to the term of life and critical illness insurance policies, and in respect of alleged statutory misrepresentations. One of the companies also claimed for breach of an implied term regulating the bank's ability to terminate a development facility. Claims also made by the individual claimants of an unfair relationship under the CCA 1974. After a five day High Court trial, the claims were dismissed.
- Acting as an expert witness on English law in Swiss proceedings in the Zurich Commercial Court in relation to issues of contract and partnership law.
- The RBS Rights Issue litigation (Ch), acting for one of the institutional lead claimant groups in this multi-billion pound group litigation, with a particular focus on the extent to which RBS’s 2008 rights issue prospectus accurately depicted the credit market exposures on its balance sheet (led by Andrew Onslow QC and Adam Kramer).
- Brogden & Reid v Investec Bank Plc, acting for the defendant bank in the Commercial Court and Court of Appeal resisting a £6m claim for contractual bonuses by the managers of a structured equity derivatives desk. Key issues concerned the terms of employment contracts and implied terms governing contractual discretions (led by Jonathan Nash QC).
- TJH and Sons Consultancy Limited v CPP Group Plc, acting for the appellant in the Court of Appeal in relation to the proper construction of a consultancy agreement. Key issue concerned the express incorporation of terms.
Scott has been recognised as a Leading Junior in banking & finance in Legal 500 UK 2015 – 2018.
‘He has a formidable intellect and excellent ability to think strategically.’
Legal 500 UK 2016
‘Particularly adept at getting to the heart of the key issues.’
Legal 500 2018 - 2019
Midtown Acquisitions LP v Essar Global Fund Ltd  EWHC 2545 (Comm) recognition and enforcement of a NY judgment at common law, double recovery, Henderson v Henderson abuse of process and the effect of an agreed foreign stay (led by David Wolfson QC).
Acting as an expert witness on English law in Swiss proceedings in the Zurich Commercial Court regarding issues of contract and partnership law.
Midtown Acquisitions LP v Essar Global Fund Ltd & Ors  EWHC 2206 (QB). Resisting attempts to use a Boeing 737-700 aircraft for enforcement purposes. Issues arising in relation to the nature of enforcement regime and scope of the HCEO’s powers (led by John Odgers QC).
TJH and Sons Consultancy Limited v CPP Group Plc  EWCA Civ 46. Appeal concerning the proper construction of a consultancy agreement against the background of a prior employment relationship. Issues concerning the express incorporation of terms, contractual discretion, and proper use of pre-contractual negotiations.
A client of a regional law firm (Ch). Acted for a claimant advancing claims of professional negligence and breach of fiduciary obligations, and a defence of illegality with parallel criminal proceedings (led by Andrew Sutcliffe QC).
A former employee (Comm). Acted for a senior employee facing personal and proprietary claims and a freezing order arising out of the alleged dishonest misappropriation of company assets. Issues concerning the circumstances in which a senior employee will owe fiduciary obligations, and common law and equitable tracing through London property (led by Jonathan Nash QC).
A hotel owner (Merc). Acted for a hotelier advancing claims of deceit and breach of fiduciary obligations arising out of an agency agreement for hotel management (led by Matthew Parker).
Prior to transferring to the bar, at Clifford Chance notable cases included:
The Blue Sky litigation, which concerned complex arrangements in connection with US sanctions and involving issues of private international law, Iranian law, US law, Dutch law, and Armenian law:  EWHC 3314 (Comm);  EWHC 128 (Comm);  EWHC 631 (Comm);  EWCA Civ 544;  EWCA Civ 771.
Lomas v Firth Rixson  EWHC 3372 (Ch), Briggs J’s first instance decision in relation to the proper construction of s.2(a)(iii) of the 1992 ISDA Master Agreement.
Anthracite v LBSF  EWHC 1822 (Ch), concerning the proper construction of bespoke early close-out provisions in two cash settled put options incorporating the 1992 ISDA Master Agreement.
Alpstream AG v PK Airfinance  EWHC 1002 (Comm), resisting pre-action disclosure.
A European listed entity v a bank (Comm Court). Acting for the claimant advancing a claim of economic duress in a takeover context (led by John Odgers QC).
Hodell v Clydesdale Bank plc  EWHC 1009 (QB). Acted for the defendant bank. A property developer, partnership and two companies brought claims for breach of an alleged contract to provide long term finance corresponding to the term of life and critical illness insurance policies, and in respect of alleged statutory misrepresentations. Claims were also made by the two non-corporate claimants of an unfair relationship under the CCA 1974. After a five day High Court trial, the claims were dismissed.
Advising on the application of agency principles in the context of sovereign debt.
Brogden & Reid v Investec Bank plc  EWCA Civ 1031 (CA); decision of Leggatt J below  EWHC 2785 (Comm). A dispute concerning the proper calculation of bankers' bonuses and the nature and application of the formula for calculating the profit made by the bank’s structured equity derivatives desk (led by Jonathan Nash QC).
The RBS Rights Issue litigation (Ch). Long-running group litigation arising out of the £12 billion Rights Issue in 2008. Acted for one of the institutional lead claimant groups (represented by Stewarts Law) in this claim under s.90 of FSMA that the prospectus was misleading and incomplete. The claims settled in December 2016. Main focus was on the extent to which the prospectus accurately depicted the credit market exposures on RBS’s balance sheet (then the world’s largest bank). Particular asset classes included CDOs, monolines, leveraged loans, ABS (led by Andrew Onslow QC and Adam Kramer).
Freehold v NWB  EWHC 4621 (Comm). Short matter concerning the costs consequences of the discontinuance of swaps mis-selling claims (led by Matthew Parker).
Chapter “The Regulation of Bank Lending” Odgers QC (ed.) Paget's Law of Banking (forthcoming 15th ed., 2019) dealing with unfair relationships, regulation of mortgage lending, key statutory protections, implied terms in lending relationships, and the liability of creditor as third party.
Co-author with A Onslow QC “Trends in Securities Litigation: tools available in the UK” Harbour View Spring 2018.
“Note on enforcing guarantees: guarantor’s rights” PLC Note, May 2017.
Chapter on unfair relationships/lender liability/consumer credit in Malek QC and Odgers QC (eds.) Paget's Law of Banking (14th ed., 2014).
Co-author with P Lowenstein QC "Disregard the merits? Interim Injunctions under American Cyanamid Co v Ethicon Ltd" in McDougall and Wilson (eds.) Cases that Changed our Lives Vol 2 (2014).
Contributor, Tolaney QC (ed.) Key Authorities in Banking Law (2013).
"Remoteness and the Usual Undertaking as to Damages" (2011) 127 Law Quarterly Review 180.
"Freezing orders in the Court of Appeal: what safeguards is the respondent entitled to expect?" (2010) 29 Civil Justice Quarterly 19.
University of Oxford - Distinction in the Bachelor of Civil Law
Australian National University – Bachelor of Arts/Bachelor of Laws (first class honours)
ANU - Minter Ellison Prize for Litigation & Dispute Resolution
ANU - Baker & McKenzie Prize for Intellectual Property
ANU - Butterworths' Prize for Law in Context
ANU - Honours Scholarship
Commercial Bar Association (COMBAR)
Commercial Fraud Lawyers Association
Commercial Litigation Association