Stephen Cogley QC

Called: 1984
Silk: 2011
Gray’s Inn

Stephen has consistently been ranked in Chambers Guide to the Legal Profession as a leading Barrister in the field of Commercial Law (ten consecutive years) as well as Chambers Global and The Legal 500. He is a determined and tenacious advocate, particularly well suited to large commercial disputes that span different disciplines, where he combines his skills as an advocate with a direct, no-nonsense approach to problem solving. Stephen is a particularly versatile advocate, having crossed over from pure modern chancery and insolvency to commercial and shipping work. He is often instructed in large disputes that involve both chancery and commercial aspects. Many of his cases involve international aspects and he frequently works with teams of lawyers from other jurisdictions in cases that typically commence with antisuit injunctions, freezing injunctions and other forms of interim relief. He is recognised and recommended in these areas. His reputation as a determined and tenacious advocate is well established:

  • “Client oriented Stephen Cogley is commercial, hard-hitting and intellectually sound” (Chambers 2006)
  • Stephen “is no stranger to representing the glitterati in media-friendly litigation before the Commercial and Appeal Courts” (2007 Chambers)
  • “A respected presence at the London Bar. He is popular with solicitors for his results-orientated focus and tact when dealing with clients” (2008 Chambers)
  • “Particularly suited to big trials where he is able to turn cases on their heads through powerful advocacy” (2009 Legal 500).
  • “Has an outstanding reputation across the gamut of banking and finance disputes” (2010 Chambers)
  • “A fantastic advocate who always takes a commercial approach” (2010 Legal 500)

"A good advocate who keeps you on your toes" (2011 Chambers)

"..a brilliantly tenacious barrister with an ability to get right to the heart of the matter with an unerring instinct for the answer" (2011 Legal 500)

Stephen is listed as a leading Silk by Legal 500 in four categories, (1) Banking and Finance, (2) Commercial Litigation, (3) Insurance and Reinsurance and (4) Sports, and by Chambers and Partners in the category of commercial litigation.

He regularly appears in the Court of Appeal, Chancery Division, and Commercial Court, as well as the Mercantile Courts. Apart from his mainstream commercial and institutional and shipping clients, Stephen’s approach to problem solving has led to his being instructed frequently on behalf of prominent/Rich List individuals, football clubs, pop stars, barristers’ chambers, and he has often been instructed by solicitors in partnership disputes and personal matters.

Practice areas

Banking & Finance

The main area of Stephen's practice. He has acted for and against most of the high street Banks in both retail and commercial disputes including inter-bank cases. His clients include investment banks, finance houses, tertiary lenders, Hedge Funds and off-shore investment vehicles. He is often involved in asset tracing claims international and domestic, frequently arising out of fraud disputes. His practise is both advisory and litigious with Freezing/Mareva and anti-suit injunctions. He is currently engaged in various matters arising out of the global credit crunch: on behalf of banks concerning alleged defective investment advice in Iceland and elsewhere; ship owners in respect of funding, administrations and attempts to recover assets.

Typical illustrations are:
Cofa Credit v Mora UK and Morris [2006] instructed on behalf of the company and liquidator in successful defence of a claim by a French factor seeking to advance restitutionary and proprietory claims outside the liquidation involving English and French law;

HSBC v Zekaria [2006] successfully on behalf of the Bank claiming to enforce a guarantee in £7M claim by estoppel; 

Cido Shipping v Woori Bank [2007] on behalf of shipbuilder when syndicated loan offer (USD$198M) withdrawn in hardening market: loan reinstated on same terms in face of threatened action for Specific Performance;
Chohung and Shinan Bank v Daewoo [2005/2006] successfully on behalf of a Korean Bank subsidiary in a USD$98M  (proceedings in Korea) and USD$24M dispute in the Commercial Court relating to a collapsed Hedge Fund as a result of the Russian Government "debt repayment moratorium";

Incat Equitoreal Guinea and 6 others v Lonhro and Luba Freeport ltd [2007/2008] in successful English Law proceedings in Jersey arising out of the failed re-financing of a USD$100M port construction project in Africa;

Lancore v Barclays Bank [2009] on behalf of an EFT payment processor in the first reported case concerning the operation of the Visa and Mastercard Scheme Rules, seeking restitution of £2M from Bank;. 

Celestial v. Paramount [2010], a claim to enforce delivery up under three aircraft leases/relief from forfeiture. This is now one of the leading cases in this area.

Rubenstein v HSBC [2011/12] Acting for Bank in claim by solicitor alleging mis-selling of AIG Premier Access Bond

Re NITC [2011/12] Acting for National Iranian Tanker fleet in $USD 600M finance/sanctions dispute

Dry Shipping, Commodities & Transport

Stephen's work in these areas has a particular emphasis on financial instruments/Letters of Credit connected with the international sale of goods as well as mainstream commodity and sale disputes. He is the co-author, and author, of the chapters in Butterworths Commercial Court & Arbitration Pleadings on International Sale of Goods, and Documentary Credits.

Typical illustrations are:

Shameen v Jumuna; Shameem v Sincot Pte; Gujarat v Olam [2007] construction of invoicing back provisions in standard form contracts for international sale of commodities(cotton) in chain;

Essar Wildcat; [2008] injunction proceedings to restrain payment under performance guarantee;

Bulk SA v Ashapura Minechem[2008/9] proceedings on behalf  ship  owners seeking $USD 38M damages arising out of breach of a COA involving an anti anti-suit injunction restraining Indian proceedings and a world wide freezing order.

Various arbitrations 2011/12.

Commercial Litigation

Many of Stephen's cases involve complex issues covering a number of legal categories as his practise spans the Chancery Division and the Commercial Court. He is frequently instructed in shareholder disputes, unfair prejudice cases, and contractual and regulatory matters for a wide variety of clients. He has acted for football clubs, Rock Stars, European Royal Families, solicitors in personal and partnership disputes, barristers chambers, global companies and Rich List individuals, Haringey Council in respect of confidential information and HRA right to privacy in the Baby P case. He is currently acting on behalf of a distributor of Generators in Nigeria in a $USD 70M dispute, a Finance House against 9 Defendants seeking to recover $7M, the Iranian Tanker Fleet in a $600M finance/banking and sanctions dispute, and shareholders in a complex 994 Petition and related claims.

Typical illustrations are:

P & S Amusements Limited v (1) Valley House Leisure Limited (2) Peter Alfred Valentine [2006] EWHC 99 (Ch); [part 2-2007] EWHC 1494 (Ch) test case by a non-brewery landlord to enforce beer tie restraint, involving questions of construction and competition law;

Blackburn Rovers v Avon Plc and others [2005] 1LLR 447 and[2005] Lloyds Rep IR 239 - On behalf of a Premier League football club in two claims against underwriters seeking in excess of £5 million under contingent risk policies in relation to permanent total disablement of two former Premier League players;

B.P v Kvearner and Cooper Cameron [2005] 1 Lloyds Rep 307 & [2004] All ER 266 - successfully representing a sub-sea appliance manufacturer, in resisting a subrogated claim for excess £7M upon the trial of preliminary issues concerning construction of operators CAR Policy and arguments in respect of waiver of rights of subrogation;

Horne v Cheetham and Mortimer [2008] On behalf of partnership in claim for breach of fiduciary duty and account against former partner;

Re Zavvi and EUK [2008] Advising Zavvi in respect of the termination of its supply contract with EUK consequent upon the administration of Woolworths and the commercial/contractual aspects of potential administration. Amounts involved £80M.

WS Tankship v SGIC [2011] $USD 6M Refund Guarantee claim

Insurance & Reinsurance

Along with Banking and Finance this area features prominently in Stephen’s practice - usually, though not exclusively for the insured. His current cases include a total loss consequent upon destruction of a warehouse development site; a total loss claim in respect of the destruction of a large Gymnasium complex in Chiswick (£26M), and claims against various parties consequent upon the destruction of the largest tea-packing plant in Europe seeking to recover un-insured losses post the successful conclusion of Goldcrown v Ace Insurance in 2007.

Typical illustrations include:

Blackburn Rovers v Avon Plc and others [2005] 1LLR 447 and[2005] Lloyd’s Rep IR 239 - On behalf of a Premier League football club in two claims against underwriters seeking in excess of £5 million under contingent risk policies in relation to permanent total disablement of two former Premier League players;

B.P v Kvearner and Cooper Cameron [2005] 1 Lloyd’s Rep 307 & [2004] All ER 266 - In the Court of Appeal after successfully representing a sub-sea appliance manufacturer, in resisting a subrogated claim for excess £7M upon the trial of preliminary issues concerning construction of operators CAR Policy and arguments in respect of waiver of rights of subrogation;

Scottish Football Association v Gerling and other syndicates at Lloyds [2006/7] On behalf of the SFA in a successful claim arising out of the temporary partial disablement of Scotland and Celtic Captain Paul Lambert whilst on national duty.

Kinsella v NU [2011] on behalf of insured partnership in siccesful coverage dispute

Nayyer v DWS and Advani [2010] On behalf of former clients of Ds successfully argued that D2 was guilty of arranging a bribe to obtain Indian GSA

Sports & Media

Best regarded as niche areas Stephen has, and continues to develop, his practice in Sports and Media, having entered these fields through his more mainstream work in insurance and general commercial and shareholder disputes (Sports) and his chancery work in respect of confidential information and reputational rights (Media). He has acted for Blackburn Rovers, the SFA, Blackpool Rovers (in numerous cases), Rugby International Ellery Hanley, and against Manchester United, Leeds United and Scunthorpe FC in cases involving shareholder rights and players contracts as well as insurance claims. He is listed in the directory of Legal Experts as a leader in Sports law. He has also acted for racehorse owners and dealers as well as Morrissey in aspects of his long running dispute with former Smiths drummer Mike Joyce.

His media practise commenced in 1996 when he was instructed to represent the head of a Faculty of Law in defamation proceedings commenced by a District Judge. He is presently engaged on behalf of Royalty magazine in defamation proceedings commenced by Prince Radu of Hohenzollern concerning allegations that his title is bogus, on behalf of Prince Paul of Romania in connected proceedings in Germany commenced by the Hohenzollerns, and on behalf of a shipping magnate Claimant in proceedings for defamation in various newspapers and over the internet in respect of allegations arising out of the  muti-million euro scandal in Greece concerning the fraudulent sale and purchase of land including the former Olympic village.

He has recently acted for Haringey Council in the notorious Baby P case in respect of commercial/reputational issues involving defamation and HRA rights to privacy.

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Stephen Cogley QC
  • Academics

    LLB (Hons) Newcastle

  • Publications

    Two Chapters in Butterworths Commercial Court & Arbitration Pleadings

  • Papers delivered

    Stephen regularly lectures and gives seminars on numerous topics.

  • Memberships

    COMBAR, Chancery Bar Association.

  • Personal

    Stephen regards himself as a down to earth, direct, ordinary individual; who is approachable and determined and will always fight your corner.

Contact information

Quadrant House
10 Fleet Street
London EC4Y 1AU

Tel. +44 (0)20 7583 4444
Fax +44 (0)20 7583 4455

DX 292 London
Chancery Lane

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