Aviation

Lawrence was appointed lead counsel for R.A.F.A. Shoreham in 2017 and is acting for the organisation for matters and claims arising out of the Shoreham Air Disaster regarding the insurance and commercial aspects of the accident.

Commercial

Lawrence was lead counsel in the 2015 law suit brought against the FT and the Guardian newspapers at the time of the Pearson sell off.

Lawrence was instructed for a Judicial review in the Falkland Islands concerning the process of obtaining licenses in the South Georgia Sea for Patagonian Toothfish. This is due before the Falklands Court of Appeal.

Lawrence was lead counsel in a high-profile commercial matter arising out of secondary ticketing in the entertainment sector. In particular he dealt with conduct and practices arising out of AEG and its ownership of Ansco Arena Limited which in turn own and operate the O2 Arena in Greenwich, London.

Insolvency

Lawrence acts for creditors and IP’s. He has recently acted in a number of cases for and against the Secretary of State.

Reported cases

• UK Insurance V Farrow & Another (Trading as R Farrow & Sons) [2017] 2 Lloyd’s Rep.338:The high court held a farm insurance policy followed by diversification does not cover personal injury claims caused by an insured dog which caused motorcycle collision.
• BDMS Ltd V Raphael Advanced Defence Systems [2014] 1 Lloyd’s Rep. 576:The court considered what action to take when the respondent failed to pay its share of advance on costs in an ICC arbitration which resulted in a repudiatory breach of the arbitration agreement leading the claimant to commence a court claim. Held, the failure of payment resulted in breach of the arbitration agreement, but there was no repudiatory breach so BDMS should make good the respondent’s failure within the arbitration.
• Frederick Uchechukwu Achom, Alexander Charles Nicholl, Boington Anthony Grant v Tihomir, Vahram Papazyan, Alula Leisure Limited [2014] EWHC 1888 (Ch.D):The claimants maintained they were entitled to a 50% interest in a nightclub venture and the company which held the underlease to that nightclub. Held, there was no binding contract between the first claimant and any of the defendants and, in turn, no evidence of a partnership. Additionally, the claim that a Pallant v Morgan equity arose failed as did conspiracy claims.
• Freetown Ltd v Assethold Ltd [2013] 1 WLR 385 (QBD):Party wall award case where Lawrence acted for Freetown Limited in the County Court and High Court proceedings. Lawrence advanced arguments regarding statutory counting days that were successful on appeal.
• Churchill v Temple and Others [2010] All ER (D) 170 (Dec), EWHC 3369 (Ch.D):The case concerned restrictive covenants. The important issue was whether a property owner, whose land was burdened by an obligation to obtain ‘vendors consent’ for alterations to his property, still had that obligation following the death of the ‘vendors’.
• Pathania v Adedeji [2010] EWHC 3085 (QBD):Cited in Snell’s Equity Forth Cumulative Supplement to the Thirty-Third Edition: Chapter 8 – Fraud, Undue Influence. The presumption of undue influence between a solicitor and a client was rebutted; the client being a sophisticated and experienced doctor.
• Commonwealth of Australia v Peacekeeper International FZC UAE [2008] EWHC 1220 (QBD):Ordinarily any participation in this type of interpleader proceedings for a traditional purpose would not amount to submission to the jurisdiction.
• The Estate of Dr Anandh & Anr v Barnet Primary Health Care Trust & Ors [2004] EWCA Civ 5 EWCA Court of Appeal:The defendant appealed the judge's decision upholding the master's order refusing permission to extend time for service of defence and authorising the claimant's application for summary judgment. This examined GMC rules re doctors and false eye examinations.

Publications

Lawrence is the IP editor for the Journal of Alternative Dispute Resolution. Moreover, Lawrence has reviewed ‘Electronic Finance Law’, Computer and Artificial Intelligence Journal and contributed to:

• Archiving Computer Transactions; and
• The Law of Due Diligence.

Lawrence is currently writing a new textbook regarding the advocacy required in different courts, tribunals and enquiries. This is due for publication in 2022 by Wildys.

Lawrence is currently drafting a text book about Unmanned Aircraft Global Regulation also due for publication in 2022.

CLINICAL NEGLIGENCE

Vinit acts for both claimants and defendants in negligence cases in areas including anaesthetics, cardiology, dermatology, emergency medicine, ENT, gastroenterology, general practice, haematology, intensive care, obstetrics and gynaecology and paediatrics. Due to hiss medical background, Vinit is often instructed in cases involving significant medical complexity.

PERSONAL INJURY

Vinit has experience of conducting a wide range of personal injury claims. Examples include injuries obtained on operating tables; claims arising from contact allergies and a claim for injury associated with an acutely paranoid patient jumping out of a second floor hospital window.

PUBLIC INQUIRIES AND FATAL ACCIDENTS

Vinit has extensive experience in conducting inquiries in a non-adversarial setting. Vinit has vast experience of attending Fatal Accident Inquiries in Scotland He is one of the most experienced practitioners at the Scottish Bar in relation to Fatal Accident Inquiries having appeared at over 20 such Inquiries since 2000

SIGNIFICANT CASES

FAI into the death of Andrew Logan (2015) Instructed for Scottish Ambulance Service.It concerned the alleged delay in retrieving an elderly man who was ultimately found to have a ruptured abdominal aortic aneurysm. Leading experts in vascular surgery, intensive care and also expert paramedics gave evidence

FAI into the death of Kathryn Beattie (2012 - 2014) Instructed for the Health Board in this high profile FAI which ran over the course of about two year. It concerned the circumstances surrounding the death of a 13 year old girl with acute leukaemia. Leading experts in leukaemia research, haematology, neuroradiology and neurosurgery all gave evidence.

• CD v East Suffolk and North Essex NHS Foundation Trust (2021)Instructed for defendant. Negotiated pre- trial settlement in multi-million pound birth injury case.
• XY v Kings College Hospital NHS Foundation Trust (2020)Instructed for defendant in a very complex high value birth injury case involving a pre-term delivery expedited due antepartum haemorrhage caused by placenta praevia.
• DW v University Hospitals of North Midlands NHS Trust (2021)Instructed for defendant in a case of alleged delay in treatment of a joint infection following knee replacement surgery resulting in amputation of the leg. Preliminary trial on limitation: https://www.bailii.org/ew/cases/EWHC/QB/2021/2164.html
• AB v Mid Essex Hospital NHS Trust (2021)Instructed for defendant in a case of alleged delay in diagnosis of keratoconus resulting in severe, bilateral visual deficit in a child. Complex issues of causation over a number of years.
• AD v Oxford University Hospitals NHS Foundation Trust (2021)Instructed for defendant in a mesh litigation claim involving both a consent case and allegations of negligent performance of surgery.
• SM v University Hospitals Coventry and Warwickshire NHS Trust (2021)Instructed for defendant in a case of alleged delayed diagnosis and treatment of a rare bowel condition resulting in serious injury and permanent ileostomy. Allegations against a number of doctors with complex causation issues at different points of alleged negligence.
• MJ v University Hospitals of North Midlands NHS Trust (2020)Mediated settlement on behalf of defendant in a fatal claim following the alleged delayed diagnosis of cervical carcinoma.
• PP v University Hospitals Southampton NHS Foundation Trust (2021)Instructed for defendant in a fatal claim following an alleged delayed diagnosis of epiglottitis. Claims against several doctors of different specialities with complicated causation issues.
• FAI into the death of David Tweedie (2012)Instructed by the Health Board in relation to a death following elective surgery where concerns about the availability of medical information in paper form and on computer was an issue.
• FAI into the death of Mary MacAuley (2011)Instructed by the Scottish Ambulance Service in relation to the death of a lady in her home in unusual circumstances.
• FAI into the death of Irene Hogg (2009)Instructed by Scottish Borders Council in a high profile case involving the suicide of a primary school head teacher following a school assessment.
• FAI into the death of Gordon Ewing (2009-2010)Instructed by the Health Board in relation to the death of young man during anaesthesia for elective surgery on his little finger.
• Jack v Borders Health Board (2017)For the defenders in an alleged acceleration of back pain case following injury.
• O’Neil v Greater Glasgow Health Board (2014)For the defenders in this personal injury action involving a head injury caused by a fall in the course of employment.
• Stewart v Greater Glasgow Health BoardInstructed for the defenders in this action concerning the acquisition of hospital acquired infections (MRSA and C-diff).
• Brown v Tayside Health Board (2012)Acted for the defenders in this latex allergy case.
• McCuish v Highland Health Board (2011)Acted for the defenders in an action involving injuries sustained by a nurse as a result of an assault by a violent patient.
• Scottish Mesh Litigation (2014 to date)Instructed for the NHS defenders in one of the largest group actions in Scotland. There are currently over 400 cases in this group.
• Melissa Malone v Greater Glasgow Health Board (2016)Acted for the defenders in this clinical negligence proof where an alleged delay in diagnosis resulted in a stroke for the young pursuer. This case involved an attempted extension of the Montgomery decision in relation to informed consent.
• Leadbetter v Tayside Health Board (2016)Acted for the defenders in this action of surgical negligence involving a laparoscopic cholecystectomy.
• Deborah Young v Borders General Hospital(2015 to 2016)Instructed for defenders in this preliminary proof on timebar in a medical negligence case.
• Honisz v Lothian Health Board (2008 SC 235)Acted for the defenders in this leading medical negligence case in respect of loss sustained as a result of infection following arthroscopy of the knee.

Commercial and Chancery

Cameron’s work involves:

• Advising, negotiating, pleading and litigating in the areas of financial services (particularly the mis-selling of interest rate products and FCA regulatory breaches).
• Commercial disputes (including international carriage of goods and the application of the CMR Convention).
• Corporate issues and company law (including shareholder issues and s.994 applications).
• Directors’ liability and disqualification), acquisitions and contract drafting.
• Equitable remedies (including freezing and search orders, insolvency (corporate and individual).

Aviation and Travel

Cameron practices in the following areas:

• Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims.
• Denied boarding claims.
• Negligence claims, including personal injury, in an aviation and employment context.
• International carriage by road and sea claims, including under the Convention on the Contract for the International Carriage of Goods by Road (CMR).
• Insurance claims, including in relation to vessels and vehicles.
• Package Holiday Regulation claims and Athens Convention claims.

Media and Sports

• including film, television and music production,
• licensing and distribution,
• sports sponsorship and marketing,
• governing body relationships.

Cameron has previously worked for General Counsel for the Golden Harvest Group; U.S. broadcaster NBC as Director of Legal and Business Affairs for their European networks including NBC Europe, CNBC and several joint ventures with other European broadcasters and ISL in Switzerland as their General Counsel

Reported cases

• Caleb Construction Ltd v. Walker Lees Ltd [2008] EWHC (TCC) -Costs: Special cases: circumstances in which non-parties to the litigation (in this case directors of the claimant company) could be ordered to pay the costs of the successful defendant : CPR 48(2) and Supreme Court Act 1981, s.51.
• T. Comedy Limited v. Easy Managed Transport Limited [2007] 2 All ER (Comm) 189; [2007] 2 Lloyd’s Rep 397; [2007] EWHC 611(Comm).International carriage of goods by road: carrier’s lien under RHA Conditions of Carriage 1998; whether this was compatible with Article 13.2 of the CMR (Uniform Rules for International Carriage of Goods).
• JJ Burgess & Sons v. Office of Fair Trading and Others [2005] CAT 25 –Competition Act s.18; dominance in a geographical area; where refusal to supply a competitor amounts to discrimination; objective justification.
• Koo & Another v. Lam [1992] IPR 243 -existence of copyright in a questionnaire used in medical research; misuse of confidential information in an academic setting; infringement of copyright.

Henna joined Whitestone in December 2018. Following University, she spent one year living and teaching in China. She is a confident Mandarin speaker. She is a team player and assists Head of Legal Operations in all aspects of running Chambers. She is able to coordinate marketing and the financial management of Chambers. Henna has exceptional communication and interpersonal skills when dealing with clients, barristers, solicitors and the courts. As a result of her law degree, she has knowledge of the different areas of Chambers expertise and she is able to appreciate which barrister might be appropriate for any potential case. She manages all aspects of business relationships with the solicitors instructing Whitestone.

Henna plays an integral role in Chambers and assists tenants at every level managing their practice. Henna works alongside with the Head of Chambers in the progressive development of Whitestone digital identity. Her workload includes Chambers’ business activities, diary management, fee negotiation and coordinating Chamber’s marketing strategy. Henna is also the first point of contact for all matters relating to our barristers.

Max joined chambers in October 2020, having completed a year as a Legal Administrator working in Private Criminal Prosecutions. Max assists the Head of Chambers, Lawrence Power, with billing & casework, as well as managing chambers’ social media presence.

During his time at chambers, Max also studies a Certificate in Knowledge of Policing (CKP), with the aspiration to join the Police Service in 2021.

In his spare time, Max is a Volunteer Cadet attached to the Metropolitan Police Service, where he learns about the police service, the legislation surrounding their work and social issues effecting policing.

Max has a great interest in proceeds of crime, international law and serious fraud.

Commercial

Graham has a wide range of expertise in advising and assisting clients at all stages of litigation from pre-action through to costs and enforcement. He has experience in the following:

• Joint Ventures/ collaborations in energy, oil, gas, mining, exploration and development.
• Full range of Whitebook interlocutory and trial work.
• Mergers, acquisitions, business sales esp. cross border, related project finance via asset sale, debt and equity.
• Governance including director and boards, shareholders agreements and disputes, company constitutions.

Graham has acted for high value commercial projects related to contract disputes, infrastructure/ procurement, including:

• Various projects for Vulcan Inc (Paul Allen) including legalization of drones for elephant monitoring.
• Acted for Botswana Rail regarding purchase of locomotives.
• Acted for Wilderness Safaris regarding Safari block sale and purchases plus assets.
• Acted as project leader on asset and share sale acquisition by Signet Jewellers USA of a Botswana diamond processing facility
• Acted as team leader on probity inquiry into major investment into Fengui national glass works in Botswana.

Mediation

Graham has experience in domestic and International ADR. He has taken high-profile mediation cases, such as:

• High value (50 million US plus) arbitration work on several oil and gas international disputes out of Kuwait, Swiss Rules.

Intellectual Property

Graham has many years’ experience advising and assisting clients in Intellectual property management, commercialisation, technology licensing, and data protection. He assisted with location of Microsoft in Botswana and licensing and IP work for Okavango Diamonds. He has experience in the following:

• Intellectual property and techbrand licensing disputes.
• Hard and soft IPR’s inc. patents, copyright, distribution, franchising, indigenous rights, digital rights issues and online/ cloud scenarios i.e. SAP/ ORACLE contract disputes.
• Planning related matters including enforcement.

He has represented several West Midlands business in high value IPR disputes. Graham has acted for a Chinese automotive entrepreneur in dispute with a major Chinese car manufacturer over terms of licence.

Commercial

Defending claims brought on guarantees. In the field of banking his specialties include the defence of claims brought by banks, particularly against small to medium sized businesses (those with an annual turnover of up to £50 million) where facilities are secured with guarantees and/or legal charges over the personal property of directors or shareholders.

Samuel has acted against almost every bank in the UK including Barclays, Lloyds, HSBC, Halifax/Bank of Scotland, Nat West, RBS, and many others both in the UK and abroad. Samuel successfully defended 14 applications for a bankruptcy petition against a single party brought by RBS Invoice Finance, and is currently involved in a claim against a major Indian bank for deceit by the President of the bank.

Insurance

In the field of insurance his specialities include: coverage disputes under legal expenses insurance and/or professional indemnity & maritime umbrella policies.

Reported cases

• Syndicate Bank v Dansingani [2012] (Ch.D):The Defendants and their company are pursuing defences and cross-claims against sums due under guarantees, and secured by a legal charge, for deceit by the president of the bank, including them to enter the legal charge. The bank unsuccessfully spent 3 days trying to strike out these cross-claims in December 2013.
• TICC v Cosco (UK) Limited [2001] (Court of Appeal):Successful claim by a freight forwarder for repayment of post season surcharges imposed by an international carrier of goods by sea and paid to its UK agent under duress.
• Important Car Specialists Limited v Chief Constable of Hampshire Constabulary & Others [2001] (QBD): Various claims against multiple defendants involving the recovery and re-sale in the UK of cars originally stolen in Japan worth about £60 million.
• Re Crookshank Limited [2000] (Administrative Court): Various claims against multiple defendants involving the recovery and re-sale in the UK of cars originally stolen in Japan worth about £4 million.
• Casio Computers Ltd v Sayo & Others [1998] (Ch.D): A fraud of about $100 million involving 20 defendants in multiple jurisdiction.
• Jyske Bank (Gibraltar) Ltd v Spjeldnaes & Others [1996] (Ch.D):A fraud of about £70 million involving 30 defendants in multiple jurisdictions.
• Re a Company (No 62 of 1995) [1996] (Ch.D): A technical point of procedure in presenting petitions to wind-up UK companies.

Scholarships, Awards, and Prizes

1990-91 Faculty of law, Ritsumeikan University, Kyoto, Japan (Japanese Ministry of Education Award Scholarship).

1989-90 Osaka University of Foreign Studies, Osaka, Japan (Japanese Ministry of Education Award Scholarship).

Aviation

• Warsaw and Montreal Convention claims (cargo, passenger, baggage claims).
• Compensation claims for delay, cancelation or denied boarding claims.
• Carriage by air disputes involving EU regulations.
• Claims arising from unruly passengers.
• Negligence claims, including personal injury, in an aviation and employment context.

Commercial

• Banking.
• Finance.
• International business.

Consultation

• Vastly experienced in Management consultancy.
• Property.
• Transatlantic expertise.
• Consumer retail.

Commercial

Nicola acted and appeared for both claimants and defendants in contractual and property disputes, including a high-value hotel development in the Privy Council in an adverse possession claim. She was instructed on both contentious and noncontentious matters relating to the purchase and sale of commercial property and breach of trust claims involving pension trust companies.

Reported cases

• Arriva London Limited v k Eleftheriou UKEAT/0272/12/LA: After successfully representing the claimant and securing his reinstatement at the employment tribunal in his claim for unfair dismissal, successfully resisted an appeal of the reinstatement order and cross-appealed a Polkey deduction, achieving a higher monetary award.
• Re: Hartmayes (in liquidation), Companies Court, Chancery Division High Court: Represented liquidator in proceedings against company director, including private examination and arrest warrant
• Kenneth Higgs v Leshelmaryas [2009] UKPC 47: Appeared for defendants in Chancery Privy Council appeal, successfully arguing against adverse possession claim over commercial land situated in The Bahamas
• Zobra Bi and Others v Elena Claughton and Direct Line Insurance, High Court QBD: Acted for claimant wife and child in multi-track Fatal Accidents Act claim with complex settlement negotiations involving both co-claimants (parents and siblings) and defendants. Crossjurisdictional/Immigration issues and complex quantum calculations. Obtained sizeable settlement.
• Dalriada Trustees Limited v South Horizon Trading Limited and Others, High Court, Chancery Division: Acted for defendant pension companies in claim for breach of trust.

Insolvency

Nicola was regularly instructed by companies, company officers, liquidators and creditors to appear in a range of proceedings in the Companies Court including: winding up petitions, validation orders, private examinations and arrest warrants. She has advised in relation to misfeasance, fraud, creditors’ rights, asset-tracing and recovery disputes. Nicola regularly advised on high-value corporate insolvencies in the Bahamas, including cross-jurisdictional questions on the duties and professional negligence of company auditors and advisors.

EXPERTISE

• Commercial, construction and investment laws
• International arbitration with particular focus on ICC, LCIA, DIAC, UNCITRAL and ICSID arbitration rules
• Projects
• Infrastructure and transport

Membership of Professional Bodies and Committees

• Jordan Bar Association.
• London Court of International Arbitration.
• Qatar International Center of Arbitration.

NOTABLE WORK

- Recently appointed as Legal Counsel in one of the largest international arbitration cases in Jordan under the ICC international arbitration court based in London arising out of energy and infrastructure project valued at over US$ 450 million.
- Advised the Government of Dubai (Roads and Transport Authority) in relation to the Expo 2020 Metro project (extension of Dubai Metro), a project valued at over US$ 3 billion. (During employment service).
- Represented the Government of Dubai (Roads and Transport Authority), in a construction-infrastructure dispute in claims worth over US$ 500 million. (During employment service).
- Represented a major UAE property developer in over 20 arbitrations.
- Advised a developer with respect to a claim valued at US$ 90 million arising out of a development on Reem Island, Abu Dhabi-UAE
- Advised a major Italian Contractor on rights and obligation in a contract under UAE law in relation to the suspension and subsequent termination of its services for non-payment of construction works.
- Advised on a dispute related to delays incurred on a hospital project in Umm Al Quwain, UAE.
- Advised numerous international airlines on the management of pre-trial dispute resolution and commercial contracts.
- Advised on the drafting of legal due diligences for the Jordan Dubai Islamic Bank and Bank Al Etihad in Jordan.
- Providing expert, claims and advisory services for the capital and construction projects and infrastructure sector across the MENA region under Seraj Advocacy & Legal Counselling law firm.

EXPERTISE IN AGREEMENTS AND CONTRACTS

Shareholders Agreements
Investment Agreements
Public-Private Partnership (PPP) Agreements
Joint Venture Agreements
Bilateral Investment Treaty (BIT)
Construction, Engineering & Infrastructure Contracts (including all types of FIDIC books)
Memorandum of Agreement
Real Estate Contracts
Advertising Contracts
Bilateral and Unilateral Contracts
Affiliation Agreements
Licence Agreements
Dispute Settlement Agreements
Arbitration Agreements
Direct and Indirect Procurement (all aspects)

Aviation

Jimmy undertakes court, advisory and drafting work in matters relating to aviation and travel law, including:

• Carriage by air disputes involving EU regulations, the Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims.
• Denied boarding claims.
• Negligence claims, including personal injury, in an aviation context.

Notable cases

• Acting for airlines in defending claims brought under Regulation 261/2004, where delays were caused by extraordinary circumstances.
• Successfully resisting various claims brought by passengers complaining of e.g. offensive treatment at the hands of airline staff, and of distress and loss of enjoyment as a consequence of erroneous denial of boarding.
• Representing tour operators in various claims for breach of contract and misrepresentation relating to package holiday.

Commercial

Jimmy is building an aviation and travel law practice, with particular experience of cases involving Regulation (EC) No. 261/2004, the Montreal Convention and misrepresentation of package holidays.

During pupillage at Crown Office Chambers he worked on Dhanani v Crasnianski [2011] EWHC 926 (Comm), a two-week case in the High Court regarding the formation of a private equity fund, and the landmark case of Jones v Kaney [2011] UKSC 13 in the Supreme Court, in which witnesses lost their immunity from suit. He also advised on commercial guarantees, the interpretation of insurance contracts, product liability claims, solicitors’ negligence and executors’ breaches of trust.

Before coming to the Bar, Jimmy spent six months working at a commercial solicitors’ firm on disclosure and drafting in the case of SITA UK v Serruys, a £91 million dispute involving allegations of commercial fraud.

Other Experience

During Jimmy’s appointment as a judicial assistant at the Court of Appeal, he drafted bench memoranda for the Lord and Lady Justices of Appeal on permission to appeal applications in commercial, employment, immigration and family dispute. He assisted Sir John Thomas PQBD (as he then was) in the Divisional Court, by carrying out legal research and preparing bench memos on criminal appeals, extradition cases and several high profile judicial reviews.

He assisted on Tchenguiz v Serious Fraud Office [2012] EWHC 2254 (Admin), in which search warrants obtained by the SFO to investigate the claimants’ alleged involvement in a collapsed Icelandic bank were held to be unlawful, and R (Chong Nyok Keyu & ors) v (1) Secretary of State for Foreign & Commonwealth Affairs (2) Secretary of State for Defence) [2012] EWHC 2445 Admin, an unsuccessful application to judicially review the Secretary of State’s decision not to hold a public inquest into British soldiers’ involvement in the Batang Kali massacre in 1948.

Scholarships, Awards, and Prizes

Cavendish Prize, DLA European Law Prize and Markus Zalewski Prize.

Lord Denning Scholar & Hardwicke Scholar, Lincoln’s Inn.

Insurance

Christopher is regularly instructed in a wide variety of insurance cases, including employers’, public, product, D&O and professional indemnity disputes; road traffic; insurance of property and damage claims; regulatory compliance; contractors all risks and defects insurance; and fundamental dishonesty applications.

Recent insurance cases:

• Currently instructed as junior to Lawrence Power representing RAFA Shoreham Airshow in a dispute concerning insurance coverage following the Shoreham air disaster.
• Acting for an insurance intermediary in a multitude of claims brought by contractors in relation to latent defects insurance policies following the collapse of the Danish insurer, Alpha Insurance A/S.
• Acted for the NHBC in a claim against a property developer for breach of a deed of indemnity.

Commercial and Chancery

Christopher is regularly instructed in a wide variety of business, finance, company and property related disputes and has represented clients in trusts and probate claims. Christopher’s advisory work includes providing guidance on contracts, indemnities, guarantees, investment vehicles, and commercial leases.

He has a burgeoning insolvency practice, having represented individuals and companies before the Bankruptcy and Companies Court and in various county courts. Advisory work has included advising on the impact of retention of title to goods on the administration / liquidation of a company’s assets.

Notable commercial and chancery cases:

• Acting as a junior for agents of a gold bullion transaction involving fraud.
• Currently instructed as a junior in a multi-million pound claim brought by claimants against former solicitors for professional negligence arising from a loan facility provided by a bank.
• Acted for a client in relation to an overage dispute concerning one of the largest onshore wind farms in the UK.
• LM v AM: acted in a s.423, Insolvency Act application (transaction at an undervalue) for a claimant acting as a trustee of an estate against a family member for misuse of estate assets.
• BWM Ltd v EW Ltd: instructed by a wine merchant company against a restaurant chain in administration, seeking to enforce retention of title clauses against the chain and the administrator.
• MD v SW, JW and ST FC Ltd: advised on potential, high-value claims for restitution, breach of contract, the existence of business partnerships and constructive trusts.
• Northern Rock (Asset Management) plc v Monroe: successfully acted for the claimant bank in mortgage possession proceedings. Defeated allegations of fraud, unfair contract terms, breach of contract and financial regulatory breaches.
• JG v HC and Pioneer Point Ltd, Queen’s Bench Division: acted as a junior in a high-value claim brought by a creditor against co-investors and a joint enterprise company, involved allegations of fraud and equitable tracing.
• SME v MD, Queen’s Bench Division: acted as a junior in defending a claim brought by a factoring and loan company against a guarantor on the grounds of fraud and use of penalty clauses.

Aviation and Travel law

Christopher undertakes court and advisory work in matters relating to aviation and travel law, including:

• Insurance claims, including hull damage claims.
• Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage, delay and denied boarding claims.
• Personal injury, fatality and discrimination claims.
• Regulatory and compliance issues (including threatened CAA enforcement action).
• Package Holiday (including holiday sickness) claims, Athens Convention and Regulation (EU) 1177/2010 claims.
• International carriage by road and sea claims, including under the Convention on the Contract for the International Carriage of Goods by Road (CMR).

Notable aviation and travel cases:

• Representing a major international airline in multiple hull damage claims against several ground handling firms.
• Acted for a major international airline in Montreal Convention personal injury claim valued at over £1.2 million, successfully negotiating a settlement late on in the litigation.
• Successfully acted for a ground handler in a high-value personal injury claim relating to an incident at their cargo facility at Heathrow Airport.
• Acted for a South American cargo carrier against a large food distributor in a claim brought under the Montreal Convention for damage to a large cargo consignment.
• Represented several group companies, forming part of a multinational corporation specialising in mining and chemical production, in an action against multiples defendants for compensation under the CMR for loss caused to a large consignment of chemical emulsion.
• Successfully acted for an airline defending multiple actions brought by a company whose business model was to buy up the claims of passengers brought under EC Regulation 261/2004. Defences pursued under the laws of maintenance and champerty. Claims successfully struck out after contested applications.
• Acted for an international airline pursuing an additional claim for breach of statutory duty and negligence against a co-defendant being a major contractor providing catering services to the airline.
• Regularly provides regulatory advice to two UK low-budget airlines in relation to Reg.261 claims, including in relation to threatened enforcement action by the Civil Aviation Authority, thus avoiding action being taken in respect of one of the airlines.

Employers’ and Public liability and Professional negligence

Christopher is commonly instructed in negligence and other tort claims, particularly those concerning employers’ and public liability, including personal injury claims. He has drafted pleadings in professional negligence cases, including those against solicitors for negligence and breach of fiduciary duties, and has represented former employers and employees on the enforcements of restrictive covenants including in injunctive relief proceedings.

Notable Cases:

• Acting as a junior representing businesses against a well-known law firm in a professional negligence claim relating to a bank’s miss-selling of an interest rate hedging product.
• Acted for an employee on the implications of setting up a video production company in apparent competition to his employer.
• Successful defence of a claim brought by a family against an NHS Trust for damages under the Human Rights Act concerning misdiagnosis of a non-accident injury.
• Ballard v Sussex Partnership NHSFT [2018] EWHC 370 (QB) - acted for the NHS Trust in a successful dismissal of a claim for loss of chance, and then appeared in the appeal to the High Court (QBD) from the circuit judge’s costs judgment.
• Acted for an NHS Trust in defending claims of breach of contract and negligence alleging causing various psychiatric injuries. Value of the claim was £2 million.
• Represented an orthopaedic surgeon and private health care provider in interlocutory proceedings in a large group litigation dispute concerning product and clinical liability for allegedly defective hip replacement (“metal on metal”) devices.
• Oyuela v Bates Travell & J Clark: acted as junior representing a Honduran marine engineer pursuing a claim for professional negligence against former solicitors and counsel for alleged failure to file pleadings in the English jurisdiction within the required time.
• Advised on a potential claim against a local authority and primary care trust for breach of statutory duty and professional negligence for their responsibility for the suicide of a father whose children had been taken into care.

Aviation

Having undergone detailed in-house training, Christopher welcomes court and paperwork instructions, from both solicitors and airlines in the following statement areas:

• Compensation claims for delay, cancellation or denied boarding.
• Montreal Convention claims.

Commercial

Christopher has a wide range of expertise at advising and assisting clients at all stages of litigation from pre-action through to costs and enforcement. He is also able to advise clients on how to manage legal and regulatory risks. He has had experience in the following:

• Contract claims.
• Consumer credit.
• Trust disputes including Beddoe cost protection and Unit Trust structuring.
• Bonds and construction of terms.

Banking and Frauds – including AIFMD, Investment Management and Agreements. Examples of experience gained include:

• Madoff Securities Trustee in Bankruptcy litigation in claims relating to Alternative Advantage, Kalix and HSBC.
• Disputed Bond redemption on behalf of Barclays Wealth.
• Danish Polish Telecommunication Group I/S v Telekomunikacja Polska SA: opposing the adjournment of non-recognition of an arbitral award.

FURTHER EXPERTISE

Christopher has gained significant in-depth expertise in a wide range of personal injury, professional negligence, and any general tortious claim, through being regularly instructed by the Ministry of Justice Private Litigation Team on the Attorney General’s Off-Panel Junior Counsel list (‘Junior Junior Scheme’).
Christopher has experience in both public and private housing matters from second six to about years 6 of practice.
Experience in both fault and non fault based possession. One private possession claim included multi track disrepair claim.

Clinical negligence:

• Christopher routinely drafts defences, advises on quantum and attends CCMCs in clinical negligence cases on behalf of the NHS and private practitioners, including care homes. Christopher is able to tackle a wide range of matters including matters arising from or involving neuropathies, orthopaedic complications, GP care, surgery and post-surgery complications, optical surgery. Christopher has a personal interest in dementia care and unsafe discharge and aviation health but is willing to take on any area of instruction.
• Christopher cemented his practice in public liability and personal injury claims at the GLD as a Junior Junior over a number of years. He was involved in numerous claims for the MOJ and limited work for the MOD. Despite the Junior Junior position, Christopher nevertheless routinely advised on merits, quantum, settlement and worked directly with MOJ and MOD. Christopher advised on, and assisted with, numerous disclosure exercises and comprehensive witness statement drafting. Following from this the NHS has instructed Christopher to draft defences and advise on quantum for the whole range of possible types of injuries – trip, slip, impact, unsafe structures and work equipment, assault by patient. Christopher has a personal interest in staff and patient assaults, including instances of diminished capacity.

Aviation

Andrew has expertise in compensation claims under EC regulation 261/2004 and accepts both Court and paperwork instructions.

• Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims.
• Denied boarding claims.
• Negligence claims, including personal injury, in an aviation and employment contexts.
• International carriage by road and sea claims, including under the Convention on the Contracts for the International Carriage of Goods by Road (CMR).
• Insurance claims, including in relation to vessels and vehicles.

Commercial

Andrew is regularly instructed in disputes at the High Court level in issues including trustee and beneficiary disputes and acts and advises in the areas of inheritance, loans and mortgage disputes, contract law and trespass, hire purchase agreements, insurance and fraudulent misrepresentation.

Insolvency

Andrew regularly appears before the Bankruptcy Master in Belfast in bankruptcy and winding up petitions and drafts and appears in numerous insolvency related applications.

Aviation

An aviation expert, Mina accepts instructions from airlines in the areas of flight delay, COVID voucher disputes, baggage claims, personal injury in an aviation context and insurance claims. Mina often secures costs awards against both claimants and claimant’s representatives in aviation matters where claims were continued frivolously.

• Mina accepts court and paperwork from solicitors and airlines alike in the following areas:
• Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims.
• Denied boarding claims.
• Negligence claims, including personal injury, in aviation and employment contexts.
• International carriage by road and sea claims, including under Convention on the Contracts for the International Carriage of Goods by Road (CMR).
• Insurance claims, including in relation to vessels and vehicles.
• Package Holiday Regulation claims and Athens Convention claims.

Commercial

Mina’s commercial practice includes:

• Aviation.
• Credit Hire.
• Fraud.
• Contractual disputes.
• Freezing Injunctions
• Defamation
• Drafting shareholder agreements
• Cases involving the Late payment of Commercial Debts Act

With her international background, Mina also has experience in conflicts of law and jurisdictional disputes. Mina undertakes pleading and advisory work and represents clients in all types of commercial cases including high-value complex multi-party litigation with an international dimension. Mina can draft, amend or advise on all manner of contracts and legally binding agreements.

PI & CLINICAL NEGLIGENCE

Mina accepts instructions in all areas of personal injury. Mina regularly represents the NHS in multi-track cases in personal injury and clinical negligence. She is frequently instructed to advise on liability, evidence and quantum in a range of cases. She has experience of interim hearings, CCMCs (including budgeting) and multiday trials.

POSSESSION

Mina has experience in both public and private housing matters and has expertise in TOLATA.

Areas of expertise

Analissa is instructed in a variety of different areas of law including:

• Employment Law Litigation
• Employment Contracts
• Company Law Litigation
• Family Law Litigation
• Litigation Management
• Court of Appeal Litigation
• Federal Court Litigation
• Criminal Court Remands
• Criminal Court Litigation
• Legal Operations.

Significant Cases

Analissa is instructed in a variety of different areas of law including:

• Lawyer overseeing the agreements made between the Sarawak Government’s Housing Development Corporation and Individuals being relocated from their native ‘kampung’ (village).
• Co- counsel in a company case wherein the Court of Appeal considered whether a director of a company in liquidation required the court’s leave in order to compel a court appointed liquidator to perform their statutory duty, and held that the court’s leave was not required.
• Junior Defence Counsel where the Federal Court decided that there was no direct evidence linking the accused to the abetment and murder of the deceased and that even though the evidence put forward by the prosecution risked a suspicion that the accused was involved, the suspicion is not evidence and cannot be named a basis for conviction.
• A volunteer lawyer in the Malaysian government program representing citizens that are unable to afford legal representation for matters such as police remand applications and bail applications./span>
• A volunteer lawyer in the Malaysian government program representing citizens that are unable to afford legal representation for matters such as police remand applications and bail applications.

Aviation

Aurora is working closely with the Chambers’ aviation team on court and paperwork instructions from solicitors and airlines alike in the following areas:

• Warsaw and Montreal Convention claims (cargo, passenger, baggage claims)
• Carriage by air disputes involving EU regulations
• Denied boarding claims
• Negligence claims

Commercial

Aurora is gaining exposure to cases in the following areas of practice:

• Contract claims;
• Consumer Credit;
• Bankruptcy;
• Banking and finance.

Supplementary

Before completing pupillage at Whitestone, Aurora undertook six months pupillage in Trinidad and Tobago under the Supervision of Senator Anthony Vieira. During her practicing period of pupillage Aurora undertook many cases in the County Court as well as assisting on High Court matters under her pupil supervisor. Aurora is now qualified to practice in Trinidad having been called to the bar there in 2021.

Aurora regularly appears as counsel on matters regarding personal injury, inclusive of drafting both opinions on merit as well as defences to claims for compensation in both the UK and Trinidad.

Aviation

Heena is working closely with the Chambers’ aviation team on court and paperwork instructions from solicitors and airlines alike in the following areas:

• Warsaw and Montreal Convention claims (cargo, passenger, baggage claims);
• Carriage by air disputes involving EU regulations;
• Denied boarding claims;
• Negligence claims.

Commercial

Heena is gaining exposure to cases in the following areas of practice:

• Contract claims;
• Consumer Credit;
• Bankruptcy;
• Banking and finance.

Supplementary

Since been called to the Bar in 2016, Heena has gained vast experience in a number of Senior Paralegal roles covering areas such as Commercial Litigation, Public Inquiries, Arbitration, Pensions, Dispute Resolution, Banking, fraud and legal drafting.

Before staring full-time employment in the legal sector Heena accomplished the following:

Semi-Finalist, Rosamund Smith Mooting Competition, Middle Temple

Finalist, European Court Human Rights Mooting Competition, City Law School

Semi- Finalist, Inter-Varsity Mooting Competition

President of the Bar Society, BPP University College

Expertise

Christopher regularly provides written advice on a wide variety of matters, his specialisms include:

• Commercial litigation
• Chancery

Reported cases

• Finch and Another v Richardson [2008] EWHC 3067 (QB); [2008] WLR (D) 389: The claimants were granted relief from the consequences of certain election expenses being incurred in excess of the limit provided for by the Representation of the People (Variation of Limits of Candidates Election Expenses) (City of London) Order 2005.

Robert joined Whitestone in April 2016. Robert plays an integral role in Chambers and assists tenants at every level. His workload includes overseeing legal operations, practice growth, chambers’ business activities, diary management, fee negotiation and marketing. Robert is also the first point of contract for all Director Public Access clients. As a result of Robert’s legal education, he has a thorough understanding of the areas of law that Whitestone Chambers specialises in, as well as court procedure and legal process. This allows him to liaise with solicitors at quality level.

Following LPC graduation, Robert spent 8 years living and working in Beijing. Having been initially employed as an English teacher, he went on to teach UK law at some of the largest state-owned institutions in China including the State Intellectual Property Office of China, the China Construction and Engineering Company and the China Aluminium and Copper Corporation. He is a confident Mandarin speaker.

Sallie Berriff

Sallie Berriff started working for Release (as a secretary and counsellor), an organisation started in the late 1960s to assist young people who needed guidance with legal, medical and psychiatric issues. She has worked as a solicitor’s clerk, PA and finance administrator with lawyers in the UK and Australia; has been bursar of the Byam Shaw School of Art in London; manager of the Penguin Café Orchestra and has worked individually with artists and musicians.

Aviation

Having worked closely with Chambers’ aviation team during her pupillage, Amrit accepts court and paperwork instructions from solicitors and airlines alike in the following areas:

• Warsaw and Montreal Convention claims (cargo, passenger, baggage claims).
• Carriage by air disputes involving EU regulations.
• Denied boarding claims.
• Negligence claims, including personal injury, in an aviation and employment context.

Commercial

Amrit is experienced in advising and assisting clients at all stages of litigation from pre-action through to costs and enforcement. Her practice includes the following:

• Contract claims.
• Consumer Credit.
• Bankruptcy.

Personal Injury

Amrit is commonly instructed in negligence and other tort claims. She has worked in and welcomes instructions in personal injury small claims trials.

Aviation

Having worked closely with Chambers’ aviation team during his pupillage, Maxwell accepts court and paperwork instructions from solicitors and airlines alike in the following areas:

• Warsaw and Montreal Convention claims (cargo, passenger, baggage claims).
• Carriage by air disputes involving EU regulations.
• Denied boarding claims.
• Negligence claims, including personal injury, in an aviation and employment context.

Commercial

Maxwell is experienced in advising and assisting clients at all stages of litigation. His practice includes the following:

• Contract claims.
• Consumer Credit.
• Bankruptcy.
• Banking and finance.

Scholarships, Awards, and Prizes

2017 Megarry Pupillage Scholarship, Lincoln’s Inn.

2016 Sir Geoffrey Nice Foundation Bursary, Lincoln’s Inn.

2014 Lord Denning Major BPTC Scholarship, Lincoln’s Inn.

Commercial

Peter’s commercial practice includes:

• Commercial litigation.
• Contractual disputes.

Mediation

Peter is a highly experienced advocate with experience in commercial litigation, insolvency and property litigation as well as personal injury. As a mediator, he runs the Manchester Mediation Pilot and is on the Court of Appeal Mediation Panel. He runs a mediation ADR body which has a panel of mediators offering mediation in civil and commercial litigation disputes at all levels.

He trained at the Bar and worked in the field of professional indemnity as a solicitor for 20 years.

Peter was highly commended in the Mediator of the year civil/ commercial category at the 2018 Mediation Awards and has been shortlisted as Mediation Achiever of the Year in the Personal Injury Awards two years in a row.

Other Experience

Peter is a Council Member of the Law Society representing litigation solicitors throughout the Country and sits as a Deputy District Judge on the Northern Circuit. He was a board member of the Civil Mediation Council Limited and retains close ties with it. Peter is a member of the Professional Negligence Lawyers’ Association.

Scholarships, Awards, and Prizes

Diplock and Jules Thorn Scholarship, 1995.

Publications

Co-Author of A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the most out of ADR Post Jackson – published by PI Brief Update Law Journal.

Published articles in New Law Journal and Mediation Journal.

A practical guide to Relief from sanctions post Mitchell and Denton Law Brief Publishing.

PERSONAL INJURY

Gordon has extensive experience of personal injury claims arising from his involvement in aviation accidents and liability claims.

INQUESTS

Gordon has appeared on behalf of South African mining trade unions, their members and families at a number of South African inquests / mining enquiries arising from mining disasters and deep level mining operations.

HEALTH & SAFETY

Gordon has been involved in a number of compensation claim disputes arising from aviation accidents.

PRODUCT LIABILITY

Gordon is regularly involved in product liability disputes arising from aviation accidents / incidents.

SIGNIFICANT CASES

Charter Hi v Minister of Transport (155/10) [2011] SCA 89 – Represented the appellant in an appeal arising from the crash of a Beechcraft C90 during an instrument flight renewal test undertaking in the Cape Town general flying area.

ZS-SVN Syndicate v 43 Air School (Pty) Ltd and another 2007(6) SA 389 (E) – Appeared on behalf of the insurers of an airport in a subrogation action by aircraft owners arising from the aircraft landing on a closed runway.

Man Truck & Bus (SA) (Pty) Ltd v Dorbyl Ltd t/a Dorbyl Transport Products and Busaf 2004 (5) SA 226 SCA – Appeared on behalf of the appellant in appeal proceedings to overturn the High Court’s interpretation of reciprocal obligation under a sale & maintenance contract.

V & A Waterfront Properties (Pty) Ltd and another v Helicopter and Marine Services (Pty) Ltd and others [2004] 2 All SA 664 (C) – Appeared on behalf of the South African Civil Aviation Authority as the intervening party in injunction proceedings aimed at preventing a Cape Town-based helicopter operator from continuing flight operations.

Orange Free State Provincial Administration v Ahier and another; Parys Municipality v Ahierand another 1991 (2) SA 608 W – Represented a respondent party in High Court proceedings aimed at removing the appointed arbitrator on grounds of bias.

Aviation

Adam welcomes court and paperwork instructions, from both solicitors and airlines directly, in the following statement areas:

• Compensation claims for delay, cancellation or denied boarding.
• Montreal Convention claims.
• Claims arising from unruly passengers.

Commercial

Adam undertakes cases both in the County Court and in the High Court. He has had experience in the following:

• Trusts.
• Bankruptcy.
• Housing.
• Financial fraud.

In R v Washington, Adam was instructed to handle an appeal by way of case stated from the Oxford Crown Court regarding an offence under The Malicious Communications Act.

Cyber

Adam has started to develop his cyber law practice, when he established his own computer-programming company. His experience with web design, social networking and cybercrime helped him in both the understanding and preparation of cases.

• In Gateway Homes/ Statman v Brown, Adam represented one of the claimants in a trial in the High Court regarding issues with an online harassment campaign deriding a Company, breach of confidentiality and causing damage to the claimant’s reputation.

Notable Cases

• R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant)[2017] UKSC 5: In a joint judgment of the majority, the Supreme Court held that an Act of Parliament was required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. Each of the dissenting justices gives a separate judgment.
• United Kingdom Independence Party Ltd V Richard Braine & Ors [2019] EWHC 2832 (QB): Grant of an interim injunction to restrain the publication of any information that may have been taken by virtue of a data breach underpinned by a claim in breach of directors duties, breach of confidential information and conspiracy to injury by unlawful means.
• Cambridge Analytica (UK) Limited, Scl Group Limited, Scl Analytics Limited, Scl Commercial Limited, Scl Social Limited, Scl Elections Limited, [2018] EWHC 3447 (ch) - No. Cr-2018-003655: Obtained an administration order for a number of companies under the 'Cambridge Analytica' banner after a significant media controversy and ICO seizure forced the companies towards insolvency.
• UKIP v Information Commissioner ( information notice): [2019] UKUT 62 (AAC) (Precedent): The first and only case to challenge the limits of the information commissioners powers to demand information through the use of Information Notices that carry sanctions.
• Barron MP and Ors v Collins MEP and another [2018] EWHC 253 (QB): A limited third-party costs award was made against UKIP. UKIP was not responsible for the start of the case or the conduct of the case in the early stages. UKIP initially sought to provide financial assistance towards the defendant as it felt a moral sense of responsibility. Electoral considerations were not the initial reason why the financial assistance was provided. The costs award was therefore limited to a certain period.

Publications

Adam is a significant contributor to the Cyber Crime – Law and Practice book. This is the first book to tackle the fast-growing topic of cybercrime.

Books

• Cybercrime: Law and Practice 1st edition
• Cybercrime: Law and Practice 2nd edition

Articles

• The potential impact of Brexit on the E-commerce sector - 01/08/2018 Lexis
• Lawfulness of bulk hacking powers under the Investigatory Powers Act 2016 - 20/08/2019 Lexis
• Trade Secrets - our first look into the Regulations in action? 24/03/2020 Lexis

Commercial

Adrian’s commercial practice includes:

• Fraud.
• Contractual disputes.

Criminal

Adrian has gained significant expertise in prosecution and defence in all Courts. He specialises in:

• Heavy crime.
• Fraud.
• Public sector corruption.

Disciplinary/ Regulatory

Adrian advises and appears in disciplinary, compliance and regulatory matters. He regularly acts before Tribunals in the following matters:

• Police.
• Accountancy.
• Medical/ Pharmaceutical.
• Prison.

Adrian has a special interest in NFU/ Farming matters.

Adrian has also acted in the following:

• As Legal Adviser to the Nursing and Midwifery Council (NMC) advising panel members on the law and procedure in disciplinary hearings.
• As a Panel member on the FA Anti-Discrimination Chairman’s Panel adjudicating on breaches of FA rules and applying sanctions and penalties.
• As a Case Reviewer for the Bar Pro Bono Unit – assessing applications for assistance and appointing suitable counsel to act for applicants.
• As a Panel Member of the Sports Resolutions Pro Bono panel.

Areas of expertise

HAbayna has a wide-ranging practice covering both advocacy and advisory work in complex and high-profile matters. As well as appearing in court, she regularly provides written advice on a wide variety of matters, her specialisms include:

• Tax litigation
• Corporate litigation
• Family Law
• Commercial Litigation
• International arbitration

Notable work

• Liaised with General Counsel of Harneys Corporate Services Limited to discuss non-standard and problematic issues and advised clients on all aspects of the BVI Business Companies Act.
• Provided legal advice to the Governor and Government of the Virgin Islands, representing the Crown in Civil proceedings.
• Volunteered as a Legal Advisor for the Single Parent Support and Advice Services charity - Abayna advised on family law.
• Acted on the resolutions for cross-border transactions and tax compliance purposes in the BVI.
• Worked in the Campaigns and Project Department on HMRC’s Tax Professional Programme, managing cases where there is a risk that identifiable taxpayers have failed to adhere to tax laws.
• Advised high net worth individuals, multinational corporations, banks, and other financial institutions on BVI Business Companies Act

AREAS OF EXPERTISE

Anya is instructed in a variety of different areas of law including:

• Employment Law Litigation
• Family Law Litigation
• Civil Litigation
• Commercial Law
• Litigation management
• Aviation
• Finance Litigation

EXPERIENCE

• Advising clients on legal matters and representing them before various courts and tribunals in civil, commercial, employment and family matters.
• Assisted Senior Counsel in preparation of criminal, civil, employment and family matters to be heard before all Courts of Mauritius.
• Worked on transactional cross border matters with a focus on aviation finance.
• Joined the Corporate Commercial department of the Mauritius office of Africa’s largest law firm.

PRACTICE

Thomas has been instructed in his own right to appear in court in trials and application hearings. He has appeared successfully on behalf of claimants in county court trials and for both claimants & defendants in application hearings.

Thomas has also successfully represented defendant airlines in having claims dismissed across aviation law, including on EC261 and the Montreal Convention.

While being supervised by Lawrence Power, Thomas drafted written submissions for use in a complex, 12- day High Court commercial case involving the Bills of Exchange 1882 and its application to the gambling industry. Thomas also settled several advices across areas of commercial and chancery work, including on the Insolvency Act 1986 & use of discretion in commercial contracts. Thomas also assisted with research on food safety regulations & novel foods guidance issued by the Food Standard’s Agency.

While under the supervision of Mina Heung, Thomas assisted Miss Heung to draft pleadings in aviation and commercial claims. Thomas also assisted with preparing skeleton arguments on behalf of airlines following flight delays and cancellations.

AWARDS & PRIZES

• Middle Temple, Major Award (Benefactors Scholarship), 2019-20
• Career Changers Scholarship, University of Law, 2019-20
• Winner of Common Law Moot, University of Law (Birmingham)

PRACTICE

Gary has a truly International practice, being authorised to practice in Australia, China, Hong Kong and New Zealand and being called to the Bar of England and Wales in 2022. Gary has vast commercial experience including:

• Securities fraud and mis-selling of investment products;
• Asset tracing in connection with securities fraud and deception;
• Regulatory enforcement investigations in relation to financial market misconduct;
• Contentious and non-contentious probate matters relating to Hong Kong citizens passed away in China;
• Shareholder dispute litigations;
• Misappropriation of corporate asset and application of restrictive covenant;and
• Assisting clients setting up Hong Kong open-ended fund companies and limited partnership funds; and Gary will be trained in Chambers key areas of Commercial law, Banking, Chancery and Aviation.

AVIATION

William accepts instructions from airlines in the areas of flight delay, baggage claims, personal injury in an aviation context and insurance claims. William has experience dealing with litigants in person and has secured costs awards against litigants who have advanced cases against airlines which have no legal merit and unreasonably opposed applications.

William accepts court and paperwork in the following areas:

• Denied boarding claims.
• Delayed flight claims. Carriage by air disputes involving Regulation EC261/2004 and the Warsaw Montreal Conventions.
• Negligence claims in an aviation context.
• Package Holiday Regulation Claims

COMMERCIAL

William’s commercial practice includes:

• Aviation.
• Credit Hire.
• Gambling.
• Data Protection.

William undertakes pleading and advisory work and represents clients in all types of commercial cases.

AWARDS

• 2019 Sir Thomas More Scholarship awarded by The Honourable Society of Lincoln’s Inn
• 2016 Principal’s Award for the Best A Level Results at School
• 2015 Fiona Schoorman Award for Outstanding Contribution to the School

Banking and Fiance

Nisali undertook an apprenticeship in the Banking and Finance Department at the Tier 1 Sri Lankan law firm Nithya Partners. Nisali has conducted research on the distribution of assets of a defunct solvent company under the Hong Kong Companies Ordinance and international sovereign bonds in Sri Lanka, drafted petitions of appeal and written submissions to the Court of Appeal and Tax Appeals Commission.

Information Technology

Nislai has legal experience conducting research for a senior lawyer on whether a multinational online platform could be held liable in Sri Lanka for infringing national law. She considered the realities of holding such an entity accountable in the absence of legislation directly relevant to online platforms and how other jurisdictions had approached similar problems.

OTHER EXPEREINCES

Nisali created and co-hosts 'Legal Geeks', an interview-based video programme addressing legal developments, practice areas and alternative legal careers in Sri Lanka. She initiated this after identifying a gap in legal career development resources targeted towards a Sri Lankan audience.