Stephen Midwinter KC KC > Brick Court Chambers > London, England > Barrister Profile
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Stephen Midwinter KC KC
Position
Stephen Midwinter KC advises on and appears in a broad range of commercial disputes, in litigation and arbitration. He has appeared in commercial cases in the Supreme Court, the House of Lords, the Privy Council, the Court of Appeal, the Commercial Court, the Chancery Division and the European Court of Human Rights. He has been recommended as a leading silk by the directories in eight fields: commercial dispute resolution, insurance and reinsurance, banking, international arbitration, energy and natural resources, civil fraud, offshore and professional negligence.
A significant proportion of Stephen’s work takes place in arbitration and he has appeared in and advised on arbitrations under the ICC, LCIA, ARIAS, UNCITRAL, ICSID and Stockholm Chamber of Commerce rules, as well as ad hoc arbitrations pursuant to the Arbitration Act 1996 and under the Bermuda Form. Recent instructions include a $150million dispute in the oil sector and a US$25 million LCIA arbitration concerning offshore drilling rigs. Stephen is also experienced in proceedings dealing with the enforcement of arbitral awards in the domestic courts.
Stephen also sits as an arbitrator in arbitrations for the LCIA and ICC.
Stephen is a member of the bar of the British Virgin Islands where he regularly appears in the Commercial Court and Court of Appeal. Recent instructions include jurisdiction disputes, freezing order applications, international fraud claims and insolvency disputes.
Career
Qualified 2002, Middle Temple.
Languages
French (good), Italian (conversational), German (basic).
Education
Verulam School, St Albans; Fitzwilliam College, Cambridge (2000 BA; 2001 LLM; 2004 MA).
Lawyer Rankings
London Bar > Insurance and reinsurance
(Leading Silks)Ranked: Tier 3Stephen Midwinter KC –Brick Court Chambers ‘Stephen has always been excellent on his feet. All his written work is punchy. His greatest asset is a very quick brain. Plus, he is very down-to-earth and responsive.’
With ‘strength in-depth in sanctions as well as insurance,’ members of Brick Court Chambers continue to be instructed on significant and high profile cases within insurance and reinsurance, with members acting on a broad range of claims, ranging from cases related to the Russian aviation claims, to the Covid-19 business interruption cases. Noted for ‘having the court’s ear in a way that other silks do not,’ Mark Howard KC, alongside Tony Singla KC, Stephen Midwinter KC and Edward Ho have been involved in AerCap v AIG (& Others) involving imposed sanctions prohibiting AerCap and other lessors from continuing the leasing of aircraft and parts to Russian airlines. Michael Bolding and Tom Wood are further key names from the set.
London Bar > Banking and finance (including consumer credit)
(Leading Silks)Ranked: Tier 4Stephen Midwinter KC – Brick Court Chambers ‘Stephen’s advocacy is superb: concise, direct and always focused laser-like on the issue that matters.’
London Bar > Energy
(Leading Silks)Ranked: Tier 4Stephen Midwinter KC –Brick Court Chambers ‘An incredibly bright silk with an understated advocacy style.’
London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 6Stephen Midwinter KC – Brick Court Chambers ‘A ferocious and tenacious cross-examiner, as well as a first-rate advocate, Stephen is the leading KC of his generation. He is excellent for any commercial or fraud dispute.’
London Bar > Fraud: civil
(Leading Silks)Ranked: Tier 3Stephen Midwinter KC –Brick Court Chambers ‘A ferocious cross-examiner and a go-to silk for complex civil fraud cases.’
Brick Court Chambers continues to impress with its members’ involvement in an array of high-profile cases, offering ‘huge strength in depth for fraud work’. Members of the set continue to be involved in “tuna bonds” scandal litigation concerning the fraudulent and corrupt procurement of sovereign guarantees worth $2bn, with Richard Blakeley KC, newly appointed silk as of March 2024, representing the Republic of Mozambique in proceedings against Credit Suisse, VTB and Privinvest Group companies; Ben Woolgar and Frederick Wilmot-Smith acting for the Privinvest defendants; and Stephen Midwinter KC, Laura Newton, and Tom Wood instructed by banks that provided syndicated lending to Mozambique. Tim Lord KC, leading a team including Thomas Plewman KC, represents Ziyavudin Magomedov and his companies in relation to high-value disputes around the world arising out of an alleged conspiracy to carry out a corporate raid of assets belonging to the former tycoon, who is currently serving a prison sentence in Russia.. Fred Hobson KC and Richard Blakeley KC took silk in March 2024.
London Bar > International arbitration: counsel
(Leading Silks)Ranked: Tier 4Stephen Midwinter KC – Brick Court Chambers ‘Stephen combines exceptionally forensic attention to detail with powerful advocacy.’
The English Bar Offshore > Commercial disputes
(Leading Silks)Ranked: Tier 3Stephen Midwinter KC – Brick Court Chambers ‘Stephen is a superb commercial silk. He is an extremely able barrister, and while he can think laterally when appropriate, he is excellent and distilling and arguing his main points in an attractive, concise and persuasive style.’
Brick Court Chambers is home to numerous reputable silks who regularly conduct a wide range offshore commercial disputes. Vernon Flynn KC is a notable commercial silk at the set who is representing the Government of Pakistan in BVI litigation concerning the enforcement of an ICSID award in favour of Tethyan Copper Company. Mark Howard KC has substantial experience in handling cases in offshore jurisdictions, especially the BVI, Bermuda, and the Cayman Islands – he is representing CL Financial Limited in a case concerning allegations that the sale of shares from his client to Proman Holding (Bermuda) Limited was done without authority, and also at a major undervalue (Proman Holding (Bermuda) Limited v CL Financial Limited). Stephen Midwinter KC frequently represents clients in the BVI Commercial Court, while Simon Salzedo KC is especially skilled in Cayman Island appraisal litigation and representing dissenting shareholders. Among its juniors, Edward Ho and Ben Woolgar are particularly active.