Commercial Update: Disclosure & Privilege - Malmaison Hotel, Leeds

Quadrant Chambers is going to be in Leeds holding an evening seminar and reception. It will be taking place at Malmaison Hotel Leeds on 16 May 

The seminar will look at recent changes for those litigating in the commercial courts. Members of Quadrant Chambers will: 

  • Summarise the principal features of the new process and the practical ramifications of the two year Disclosure Pilot in the Commercial Court that commenced on 1st January 2019.  How does the new process work? What key features/matters should practitioners be aware of? What are the pros and cons? How is the pilot working in practice? What are the experiences so far?
  • Look at the implications of West Ham United v E20 Stadium (No.2) which raised issues relating to the scope of litigation privilege and the grounds upon which the Court might be prepared to “go behind” a claim to privilege and inspect controversial documents.

The program for the event will be as follows:

17:00 - 17:30 Registration
17:30 - 18:30 Seminar
18:30 - 21:00 Reception and Networking

Turlough Stone

Turlough has a broad commercial practice, encompassing banking and finance, civil fraud, professional negligence, insolvency, insurance and credit and surety disputes (particularly in the field of asset finance).  Many of Turlough’s cases have an international and cross-border element, and involve the obtaining of interim relief, including freezing, search and asset preservation orders. 

On the banking and financial services side, Turlough has considerable experience in disputes involving loan transactions, personal and corporate surety arrangements (including guarantees), letters of comfort and performance bonds), mortgages, structured finance products, letters of credit and bills of exchange, as well as mis-selling claims and claims under FSMA 2000. 

In terms of general commercial litigation, his practice embraces contractual interpretation, complex fraud (including dishonest assistance, fraudulent trading and tracing remedies), and claims against solicitors, surveyors and financial professionals.

As well as acting as a member of larger counsel teams in long-running commercial proceedings, he has extensive experience as a sole advocate, appearing primarily in the Business and Property Courts in the UK, but also in the Court of Appeal and the Privy Council.  Recent or notable cases include:

Bilta (UK) Ltd (In Liquidation) & Others v. SVS Securities & Others (BPC, Financial List) Acting as junior counsel for the defendants in a claim valued at £70 million against SVS (a regulated broker) and its principals arising out of an alleged VAT carousel/missing trader fraud in the market for European Union carbon credits, involving allegations of dishonest assistance and fraudulent trading.  The claim is presently listed for a 40-day trial in the spring of 2020. CIAC Corporation & CCUK Ltd v. Barclays Bank plc (BPC, Commercial Court) Acted for a US credit card company and its UK subsidiary in a claim valued in excess of £1.5 billion against Barclays, from whom they acquired a major credit card portfolio in 2007. The claim, which settled recently, gave rise to issues of regulatory breaches by Barclays, indemnities, fraudulent misrepresentation and mis-selling. Reveille Independent LLC v. Anotech International (UK) Ltd [2015] EWHC 726 (Comm).  Acted for the claimant television production company, both at first instance and on appeal, in its successful claim against a cookware manufacturer for payment of sums due for the integration of the defendant’s products in the television series “MasterChef US” and the use of the claimant’s IP in the marketing and production of branded cookware.

Southern Rock Insurance v. Brightside plc (Chancery Division).  Acted for a major insurance broking company in a series of claims brought against it by underwriters, including claims for breach of confidence, breach of trading agreements and failure to adhere to underwriting guidelines. 

To view Turlough Stone full website profile, please click here.

Nicola Allsop

Nicola specialises in civil fraud, insolvency, company law (particularly shareholder disputes) and banking litigation. Nicola's practice has a strong international element; she was called to the Bar of the BVI in 2012, in the Cayman Islands in 2016 (limited admission) and many of her cases raise cross-border and jurisdictional issues. Nicola has a wealth of trial experience both as sole counsel and as part of a team. Notable cases include the Weavering litigation which occupied her throughout most of 2016 and concerned a claim against the Fund’s Cayman auditors arising out of a large-scale fraud perpetrated by the Fund’s founder Magnus Peterson; a 10-week fraud trial Sita v Serruys; a series of matters arising out of the collapse of the Arch Cru Fund; and a long-running shareholder dispute involving the Barclay Brothers and the affairs of Coroin Limited, the owner of Claridges, the Berkeley and the Connaught.

Nicola is recommended as a leading Junior for Commercial Litigation in the Legal 500 UK Bar 2019

To view Nicola Allsop full website profile, please click here.

Simon Oakes

Simon practises in commercial law, with a particular focus on banking & financial services, and complex commercial fraud cases.

Simon has a wealth of experience in some of the most significant banking and financial services cases of recent years, from major interest rate hedging product litigation to regulatory investigations against individuals. He has a deep knowledge of the allegations of LIBOR misconduct against several major banks, a great deal of experience in misselling cases, and a wealth of experience of developing legal and tactical arguments in major commercial litigation.

Significant recent instructions include:

Two ongoing multi-million pound deceit claims against Bank of Scotland and/or Lloyds Banking Group Aldersgate & Ors v Bank of Scotland & Anor [2018] EWHC 2601 (Comm): a Commercial Court claim in excess of £100 million, alleging fraudulent and negligent misrepresentation arising out of LIBOR manipulation. The case also involved a ground-breaking interlocutory application by the defendant, attempting to withdraw pleaded admissions of findings by global regulators.

The LIBOR test case of Graiseley Properties Ltd v Barclays Bank Plc, Deutsche Bank AG v Unitech Global Ltd [2013] EWCA Civ 1372 (CA), in the Court of Appeal and in the High Court. One of The Lawyer’s ‘Top 20 cases’ of 2013.

Hockin v Royal Bank of Scotland in the High Court: a £55 million Financial List banking case concerning interest rate products and the bank’s Global Recovery Group (‘GRG’), and involving issues of misrepresentation, LIBOR manipulation, unlawful means conspiracy and implied duties of good faith.

Viavi v Shannan & Others [2018] EWCA Civ 681: a significant dispute about the validity of deeds, the principle in Re Duomatic, and estoppel by deed.

Advising as to the impact of Brexit on the security of motor insurers.

To view Simon Oakes full website profile, please click here.