Prof. Gerard McMeel

Called: 1993
Inner Temple

GERARD MCMEEL (Call 1993)

Gerard practises in the areas of commercial litigation and financial services, most commonly in disputes between product providers and financial intermediaries, and in respect of claims arising out of unsuccessful investments by high net worth individuals. He regularly acts in the High Court (Queen’s Bench Division and Chancery Division) in London and Bristol, the Court of Appeal, and the Mercantile Courts.

Areas of Practice

Financial Services:
Expertise in financial services matters comprises long-standing experience in negligent investment advice cases, involving independent financial advisers, company representatives, stockbrokers and other intermediaries.

Gerard acts for life offices, general insurance companies, trust companies, financial advisers and in disputes involving networks of IFAs and between product providers and appointed representatives. He advises on all aspects of the Financial Services and Markets Act 2000, including financial promotion and collective investment schemes. Gerard also deals with disciplinary and enforcement matters involving the Financial Services Authority.

Gerard acted in the leading investment case of Seymour v Ockwell. Subsequently, he advised and represented Zurich companies in various matters, including disputes in the Queen’s Bench Division in London, the Chancery Division, the Bristol Mercantile Court, the Birmingham Mercantile Court, the Leeds Mercantile Court and Manchester Mercantile Court, as well as acting for other insurer clients, including Legal & General, Liverpool Victoria and AXA Sun Life. Significant cases include:

• successfully represented the investors in the leading case of Seymour v Caroline Ockwell & Co and Zurich IFA Ltd [2005] EWHC 1137 (QB), [2005] PNLR 798.
• successfully obtained judgment for Zurich in its dispute with a former intermediary, Ivan Massow, pioneer of the “pink pound”, who had made allegations of corporate homophobia against Zurich Advice Network and Allied Dunbar.
• successfully resisted proceedings brought against Zurich and one of its representatives by the Nigerian international and Portsmouth FC football player Nwankwo Kanu in the Chancery Division before Etherton J.
• represented Zurich at trial in November 2008 before Sir Thomas Morison in the Queen’s Bench Division in Allied Dunbar v Matania and Pullen; a dispute between Zurich and a former appointed representative, in which the intermediary had claimed that prominent international rugby players were mis-sold investments. This matter settled after 5 days. The matter attracted press coverage as a result of England’s Simon Shaw providing evidence (“Rugby aces scrum down in court over ‘mis-sold’ policies worth thousands of pounds” Mail on Sunday, 15 November 2008; Evening Standard 16 November 2008).
• successfully represented the Zurich group in Allied Dunbar v Webwatch Limited (two judgments dated 1 June and 14 July 2009: a trial spread over eight days in the Bristol Mercantile Court); obtained judgment for over £600,000 and reducing the alleged million pound plus counterclaim to a sum of £60,000. Instructed by Bevan Brittan. In his judgment HHJ Sir Mark Havelock-Allan QC described Gerard as a “formidable opponent”, adding: “Mr McMeel is a specialist in the law of financial services and a co-author of a major textbook on that topic.”
• successfully represented AXA Sun Life in a dispute with a financial adviser concerning failure to provide information concerning GARs in the Leeds Mercantile Court in Carroll v AXA Sun Life Services Ltd [2010] EWHC 2233 (Merc), which included exploration of the limitation issues arising from ‘chain of information’ cases (based on Seymour v Ockwell) and the impact of a determination of the Financial Ombudsman Service (in the light of Law Society v Sephton).
• represented former appointed representatives of AXA Sun Life in resisting AXA Sun Life’s appeal; in AXA Sun Life Services plc v Campbell Martin Ltd [2011] EWCA Civ 133; the case established that AXA’s entire agreement clause did not exclude its liability for misrepresentations by its employees, and that its standard clause restricting set-off was ineffective under the Unfair Contracts Terms Act 1977.
• in February 2011 represented an offshore, high net worth investor in a claim against his UK stockbrokers before Mr Justice Kitchin sitting in the Chancery Division in Bristol concerning offshore investments, unauthorised intermediaries and ss 27 and 28 of the Financial Services and Markets Act 2000 in a two day summary judgment hearing: Bijlani v Pritchards Stockbrokers Ltd.
• successfully represented a corporate property investor in respect of alleged misrepresentations and non-disclosure in respect of an unregulated collective investment scheme in property in a summary judgment application in May 2011 in the Chancery Division in London.
• Gerard’s practice also encompasses general insurance work, including advising general insurers on policy avoidance and cover issues.
• a significant proportion of the advisory work over recent years has involved the provision of advice to high net worth individuals on the consequences for their portfolios of the financial crisis, and potential clams against financial advisers, brokers and banks.

Commercial Litigation:

All contractual and commercial matters, including:

• Sale of goods and supply of service
• Storage and distribution
• Carriage and other bailment issues
• Asset finance and agency agreements (including the Commercial Agents Regulations)
• Expertise on contractual interpretation issues and drafting of standard terms

Regularly provides advice and acts in cases with an international component, and has expertise in the standard export and import terms and international carriage conventions.

Pre-emptive commercial remedies, including:

• Summary judgment
• Default judgment
• Freezing injunctions
• Search orders
• Interim delivery up of goods
• Interlocutory injunctions
• International and conflicts issues, including:
• Jurisdiction
• Choice of law

Claims for restitution including:

• Mistaken payments
• Common law actions for recovery of money and property
• Tracing and constructive trusts
• Fraud and misdirected funds

Significant cases include:

• acted for the defendant before Field J in the Queen’s Bench in London in respect of the availability of the defence of illegality in a chain of contracts arising out of VAT ‘carousel fraud’: 21st Century Logistic Solutions v Madysen [2004] 2 Lloyd's Rep 92.
• acted for the appellant on the relationship between trustee exemption clauses and the Unfair Contract Terms Act 1977 in the Court of Appeal: Baker v JE Clarke & Co (Transport) UK Ltd [2006] EWCA Civ 464.
• in early 2009 and 2010 successfully represented the UK subsidiary of Canadian document handling group – Shred-It – in a six day trial in the Bristol Mercantile Court concerning former regional managers and their attempt to set up a rival business in the South West, and concerning the effectiveness of contractual restrictive covenants: Shred-It Ltd v Graham.
• represented CFH in the Technology and Construction Court in London and in the Bristol Mercantile Court in a claim for over £3 million against National Australia Group (Clydesdale Bank and Yorkshire Bank), arising out of the transfer of six years’ worth of customer bank statements to an electronic database (arising out of the OFT enquiry into bank charges). An attempt to transfer the case from the Bristol Mercantile Court to the TCC in London failed: CFH Total Document Management Ltd v OCE (UK) Ltd [2010] EWHC 541 (TCC); [2010] Bus L R Digest D154.
• represented the Appellant in the Court of Appeal in a case arising out of a corporate demerger of a South West hotel business: Chapman v Louei [2011] EWCA Civ 155.
• represented the Wincanton Group in a claim arising out of the insolvency of Jenks Sales Brokers, concerning ownership of over £1 million worth of warehouse racking, in a dispute between Wincanton and the administrators of Jenks in the London Chancery Division: Wincanton Group Ltd v Garbe Logistics UK 1 SARL [2011] EWHC 905 (Ch).
• represented Mercedes Benz UK in a dispute with former employees who were corporate and fleet sales managers, involving allegations of fraud, conspiracy and wrongful interference with goods in respect of over 500 Mercedes cars in a seven day trial in the Birmingham Mercantile Court before HHJ Brown QC in April 2011, which settled on the fifth day with both remaining defendants submitting to judgments for six figure sums: Mercedes-Benz Retail Group UK Ltd v Vikings of Canterbury (a firm).

Reported Cases

Gerard McMeel – Significant and Reported Cases

Wincanton Group Ltd v Garbe Logistics UK 1 SARL [2011] EWHC 905 (Ch)

Chapman v Louei [2011] EWCA Civ 155

Axa Sun Life Services Plc v Campbell Martin Ltd [2011] EWCA Civ 133

Carroll v AXA Sun Life Services Ltd [2010] EWHC 2233 (Merc)

CFH Total Document Management Ltd. v OCE (UK) Ltd [2010] EWHC 541 (TCC) ; [2010] Bus L R Digest D154

Egan v Motor Services (Bath) Ltd [2007] EWCA Civ 1002 ; [2008] 1 WLR 1589, [2008] 1 All ER 1156, (2007) 151 SJLB 1364, [2008] 1 FLR 1294

Baker v J E Clark & Co (Transport) UK Ltd [2006] EWCA Civ 464; [2006] Pens L R 131; [2006] All ER (D) 337 (Mar)

Seymour v Caroline Ockwell & Co; Zurich IFA Ltd [2005] EWHC 1137 (QB), [2005] PNLR 758

Pendragon plc v Walon Ltd [2005] EWHC 1082 (QB)

21st Century Logistic Solutions Ltd v Madysen Ltd [2004] EWHC 231 (QB) ; [2004] 2 Lloyd's Rep 92, [2004] BTC 5720, [2004] BVC 779, [2004] STC 1535, [2004] STI 497

Publications

Publications

Gerard writes widely on contract law, commercial law and financial services. He has been Professor of Law at the University of Bristol since August 2002. His two principal publications are:

The Construction of Contracts – Interpretation, Implication, and Rectification
(Second edition, Oxford University Press, 2011)
McMeel and Virgo on Financial Advice and Financial Products – Law and Liability (Second edition, Oxford University Press, 2007)

Directory Recommendations

Gerard is listed in both principal legal directories:

“Gerard McMeel is also recognised for his commercial litigation expertise. He regularly handles complex, high-value financial services and commercial contractual disputes. "He is very user-friendly, excellent in court and gets results," say sources.”
Chambers and Partners 2011 (ranked in Commercial Dispute Resolution)

“Gerard McMeel is ‘an expert in financial services, approachable and pragmatic.’”
Legal 500, 2010

“Gerard McMeel is a very strong academic lawyer with extensive financial services expertise. Sources say he is ‘absolutely spot-on in terms of how he delivers advice, thinking about how his audience will deal with it.’ One peer described him as ‘a very penetrating pleader,’ who is ‘very authoritative in cases on his own turf.’”
Chambers and Partners 2010 (ranked in Commercial Dispute Resolution)

“Combining ‘a powerful academic intellect with strong commercial sense,’ Gerard McMeel handles a workload ranging from ordinary day-to-day issues to high-profile cases with an international element. His practice incorporates both commercial litigation and financial services work.”
Chambers and Partners 2009 (ranked in Commercial Dispute Resolution)

“Gerard McMeel is increasingly seen as ‘leading the way on financial services,’ an area that, along with commercial disputes, forms the majority of his practice. His recent matters of note include advice provided to Zurich/Allied Dunbar in various cases. For example he offered counsel on Zurich’s franchise contract dispute with former London mayoral candidate Ivan Massow, and defended proceedings brought against Zurich and one of its representatives by the Nigerian international and Portsmouth FC football player Nwankwo Kanu. He has a growing reputation for ‘delivering sound commercial advice.’”
Chambers and Partners 2008 (ranked in Commercial Dispute Resolution)

‘Gerard McMeel handles both commercial and financial services disputes. This “pragmatic and extremely bright” advocate “delivers sound commercial advice” and is very good with clients who feel like he is part of their team. He appeared in a delivery up hearing, concerning over 100 cars, that arose out of the collapse of MG Rover. He further represented the investors in a claim involving an offshore bond in the Bahamas which collapsed amidst allegations of fraud.’
Chambers and Partners 2007 (ranked in Commercial Litigation)

Professional Memberships

Commercial Bar Association (COMBAR)
Professional Negligence Bar Association
Financial Services Lawyers Association
Society of Legal Scholars
Western Chancery and Commercial Bar Association (committee member)
Bristol Mercantile Court Users’ Committee (committee member)

Appointments

Professor of Law, University of Bristol (2002- )
Regional Editor (England and Wales) for the Restitution Law Review.
Visiting positions at the University of Hong Kong, Tel Aviv University, the University of South Carolina, and Duke University, North Carolina.

Education

St Mary’s College, Blackburn
Brasenose College, University of Oxford
MA in Jurisprudence (First Class); BCL
Richards Butler Prize for International Trade Law, University of Oxford, 1990
Inns of Court Studentship
Inner Temple Major Scholarship
Pegasus Scholarship