The Legal 500

Position

25 years’ experience as an advocate in the civil courts and in the provision of technical and strategic legal advice to clients involved in complex civil litigation, whether as individuals, partnerships, companies, pension scheme trustees, employers and members, government departments, or participants in multi-party group actions. Specialises principally in commercial, financial services, pensions and professional negligence dispute resolution, whether it be proposed or established litigation in the civil courts or cases for arbitration, mediation or other forms of ADR. In the field of pensions he also provides advice to corporate and trustee clients in transactional and other non-litigious situations. Recent cases include: Stena Line Ltd v Merchant Navy Ratings Pension Fund Ltd & P&O Ltd (scope of power of amendment and estoppel, ChD 2010); Re Pilots National Pension Fund (numerous technical pensions issues, including scope of power of amendment, s75 and interaction between statutory Scheme Specific Funding regime and scheme rules, ChD 2010); Re AIG Enhanced Variable Rate Fund (mis-selling claims by investors in collapsed AIG pooled fund marketed as an alternative to a cash deposit account against banks and financial advisers, QBD 2010); Gate Gourmet Luxembourg IV Sarl v Morby (action for breach of warranties given in a share purchase agreement, ChD 2010); In the Matter of Airfield Airport Services Ltd (application by liquidator for relief arising out of alleged preference, ChD 2010); Re IMG Pension Plan (validity of conversion from final salary to money purchase scheme, ChD 2009); Re Foster Wheeler Pension Plan (equalisation of retirement ages post-Barber and Coloroll, CA 2009); Re Pilots National Pension Fund (joinder of non-representative additional defendant into existing Part 8 claim, ChD 2009); Ruttle v Defra (no 2) (construction of Late Payment of Commercial Debts (Interest) Act 1998 and accrual of cause of action on commercial debt, CA 2009); FAL v Defra (no 2) (nature of without prejudice, privilege or confidentiality cloak in relation to events at mediation; whether mediator can be compelled to give evidence, TCC 2009); FAL v Defra (no 1) (no waiver of legal advice privilege by commencement of proceedings for economic duress, TCC 2008); Ruttle v Defra (no 3) (efficacy of purported assignment of cause of action in contract and economic duress of insolvent company, TCC 2007 and 2008); Re Philips Pension Scheme (multimillion-pound professional negligence claim by employer and trustee against scheme actuary, settled at mediation 2009); advising claimants in Equitable Life With-Profits Annuities Group Action (2007); advising UK government on extent of liability for pension scheme deficit-related pass-through costs under partnership agreements with operators of privatised former state-owned businesses (2005-8); Ruttle v DEFRA (no1) (successful multimillion-pound contractual claim against DEFRA by contractor employed to undertake clean-up work following 2001 outbreak of foot and mouth disease involving issues of contractual interpretation and application of Late Payment of Commercial Debts (Interest) Act 1998, TCC 2003-5); Ruttle v DEFRA (no 2) (contractual claim involving clean-up work following outbreak of classical swine fever, TCC 2006-9).

Career

Called to the Bar 1985, Middle Temple Harmsworth Major Exhibitioner 1985; appointed Queen’s Counsel 2003; Recorder 2005; Deputy High Court Judge 2008.

Member

Chancery Bar Association; Commercial Bar Association; registered practitioner Dubai International Financial Centre; Professional Negligence Bar Association; Association of Pension Lawyers; Financial Services Lawyers Association; London Common Law & Commercial Bar Association.

Education

Queens’ College, Cambridge (MA Natural Sciences and Law).

Practice Areas

Clinical negligence - either side; Pensions; Professional negligence