On 1st January 2019 a two year Disclosure Pilot commenced in the Commercial Court which tests the proposed changes to the CPR that were approved by the Civil Procedure Rule Committee on 13th July 2018. Details of the changes can be found here.
A special event was held on 22nd January 2019 to give practitioners the chance to familiarise themselves with the rule amendments and hear the perspectives of senior members of chambers as to what the developments mean in practice.
We were delighted that the Judge in charge of the Commercial Court, a former member of chambers, Mr Justice Teare, accepted our invitation to chair the discussions and provided his own insight into how the new procedures will play out in practice.
The event featured an introduction by Mr Justice Teare, a presentation summarising the principal features of the new process, contributions from senior practitioners as to the practical ramifications of the Pilot and a chance to raise questions afterwards. Those that attended were invited to join us afterwards for networking and for an (optional) cheese and wine tasting.
Sir Nigel Teare was called to the Bar by Lincoln’s Inn in 1974. He was Junior Counsel to the Treasury in Admiralty matters from 1989-1991 and in 1991 was appointed Queen’s Counsel. He was a Recorder of the Crown Court from 1993-2006 and an acting Deemster in the High Court of the Isle of Man and in the Staff of Government Division (Court of Appeal) from 2000-2006. He was the Lloyd’s Appeal Arbitrator from 2000-2006. He was a deputy High Court judge from 2002-2006.
He was made a Justice of the High Court (Queen’s Bench Division) in 2006 and was nominated a judge of the Commercial and Admiralty Courts in 2007. In 2011 he was nominated the Admiralty Judge and in 2013 he was appointed one of the Presiding Judges on the Western Circuit. He was appointed Judge in charge of the Commercial Court on 1 October 2018.
Paul is recognised as a formidable advocate and cross-examiner who is presently instructed in some of the hardest fought pieces of commercial and banking litigation at the bar. The directories describe him as “incredibly astute”, “a terrific cross-examiner” and “brave and dogged”. His advocacy is likewise praised as “powerful”, “phenomenal” and “fearless”. Paul is leading counsel for West Ham United in their various disputes over the London Stadium (including having appeared for them in the Court of Appeal in West Ham v E20) and is acting for Sheffield United Limited in their dispute with His Royal Highness Prince Abdullah Al Saud which is listed for trial in May 2019. Paul is also leading counsel for the Claimant in N v RBS (coming to trial at the end of January 2019), listed by The Lawyer magazine as one of the top 20 cases of 2019.
Before coming to the Bar, Paul worked for Barclays Bank and is an Associate of the Chartered Banker Institute. He also previously was appointed an assistant examiner for the Institute in banking law and accountancy. He is recommended as a leading silk for banking & finance and commercial dispute resolution in Chambers & Partners UK Bar and for Banking & Finance, Commercial Litigation, Financial Services and Fraud: Civil in Legal 500.
To view Paul Downes QC full website profile, please click here.
Simon Rainey QC is one of the best-known and most highly regarded practitioners at the Commercial Bar with a high reputation for his intellect, advocacy skills and commercial pragmatism. He has a broad commercial advisory and advocacy practice spanning substantial international contractual disputes, energy and natural resources, trade and commodities, and shipping and maritime law in all its aspects, in arbitration and at all Court levels. His practice involves a steady diet of high profile and high value commercial fraud cases, typically involving heavy interlocutory stages centred around pre-emptive strike applications such as worldwide freezing injunctions and anti-suit and other injunctive relief, a recent example of which is the hard fought Gerald Metals v Timis litigation in England, Cayman and the BVI (2017-2018). He has been cited for many years as a Leading Silk in Commercial Litigation / Dispute Resolution by Chambers and Legal 500. He also sits as a Deputy High Court Judge in the Commercial Court. "A fantastically intelligent and tactically astute barrister who is immensely erudite." (Chambers UK 2019); ‘Absolutely charming and probably the best cross-examiner I’ve ever seen.’ (Legal 500 2019).To view Simon Rainey QC full website profile, please click here.
Robert is recognised as a talented advocate with a commercial practice encompassing a broad spectrum, from Chambers' core areas of aviation and shipping, to energy, construction, and insurance law together with financial services, insolvency and fraud. Many of Robert's cases involve cross-border, or other jurisdictional issues both in the UK and abroad and he most regularly appears in the Commercial, Chancery and Technology & Construction courts in the United Kingdom. He is also registered to practice at the Dubai International Financial Centre Court where he has frequently appeared and is called to the Bar in Northern Ireland and as a Foreign Legal Consultant in the State of New York. He is often asked to work on cases in the Caribbean (he is called to the bar of the Eastern Caribbean) arising out of contractual or commercial chancery disputes.
Robert is a Fellow of the Chartered Institute of Arbitrators and is one of the arbitrators at the Dubai International Arbitration Centre. He is also a panel arbitrator at the Kuala Lumpur International Arbitration Centre and the Hong Kong International Arbitration Centre. He has appeared in a wide variety of arbitral proceedings under different institutions' rules, and as sole or a panel arbitrator in ICC and LCIA proceedings. Robert is an accredited commercial mediator in the UK and abroad and is a TECBAR-accredited adjudicator, arbitrator and mediator.
Robert is ranked as a leading barrister in the current editions of Chambers UK and The Legal 500. Areas include commercial dispute resolution, international arbitration and aviation.
To view Robert-Jan Temmink QC full website profile, please click here.
Stewart specialises in commercial litigation, including banking and finance, commercial fraud, professional negligence, property damage and product liability. Stewart is recommended in Legal 500 as a leading junior in the fields of Banking and Finance, Financial Services and Professional Negligence and in Chambers & Partners UK Bar as a leading junior for commercial dispute resolution.
Described in legal directories as having an “an amazing work ethic, a client-friendly approach and excellent advocacy skills”, he has also been described as “immensely intelligent” and “a fantastic advocate who is always meticulously prepared”. He has also been praised as a “razor sharp intellect” who “cuts through instructions like a knife through butter.”
Stewart regularly appears in trials in the High Court (both as junior and sole counsel) and he is also regularly instructed on interlocutory applications in relation to freezing orders and other interim relief. He also has experience of international arbitrations and appeals to the Court of Appeal where he has appeared most recently in PHP Tobacco Carib Sarl v BAT Caribbean SA  EWCA Civ 1131 (an appeal in relation to the existence of an exclusive jurisdiction clause under the Recast Brussels Regulation).
Before joining the Bar, Stewart worked as a strategy and risk management consultant in the financial services industry. Stewart is a modern languages graduate with an excellent knowledge of French and German.
To view Stewart Chirnside full website profile, please click here.