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Chambers of Mark Howard QC and Helen Davies QC

7-8 ESSEX STREET, LONDON, WC2R 3LD, ENGLAND
Tel:
Work 020 7379 3550
Fax:
Fax 020 7379 3558
DX:
302 LONDON CHANCERY LANE
Email:
Web:
www.brickcourt.co.uk

Mark Hapgood QC

Tel:
Work 020 7379 3550
Email:
Brick Court Chambers (Chambers of Mark Howard QC and Helen Davies QC)

Position

Barrister; cases of note include: Sir Elton John v Price Waterhouse [2001] EWHC Civ 438 (Ch) (claim against auditors of Sir Elton John’s companies); Shanning International Ltd v Lloyds TSB Bank plc [2001] 1 WLR 1462 (impact of UN Resolutions on counter guarantee in favour of Iraqi party); Emerald Meats (London) Ltd v AIB Group (UK) plc [2002] EWCA Civ 460 (interest on proceeds of cheques); Credit Industriel et Commercial v China Merchants Bank [2002] EWHC 973 (Comm) (status of ICC Policy Statement on original documents under UCP 500); R (on the application of Land) v Executive Council of the Joint Disciplinary Scheme [2002] Pens LR 545 (review of decision to proceed with disciplinary proceedings pending High Court litigation); Lloyds TSB General Insurance Holdings Ltd v Lloyds Bank Group Insurance Co Ltd [2003] UKHL 48, [2003] 4 All ER 43 (construction of claims aggregation clause); GE Reinsurance Corpn v New Hampshire Insurance Company [2003] EWHC 302 (Comm) (reinsurance of film finance); Equitable Life Assurance Society v Ernst & Young [2003] EWCA Civ 1114 (strike-out of claim against auditors); Manx Electricity Authority v JP Morgan Chase Bank [2003] EWCA Civ 1324 (availability of demand guarantee following settlement between underlying parties); Barings plc (in liquidation) v Coopers & Lybrand [2003] EWHC 1319 (Ch) (liability of Barings’ Japanese subsidiary for Leeson’s fraudulently concealed trades in Singapore); United States of America v Philip Morris Inc & Others [2004] EWHC 941 (Comm) (privilege); Office of Fair Trading v Lloyds TSB Bank plc [2004] EWHC 2600 (Comm); [2007] QB 1, CA; [2008] 1 AC 316, HL (connected lender liability in respect of credit card transactions overseas); Valse Holdings SA v Merrill Lynch International Bank Ltd [2004] EWHC 2471 (Comm) (duty of care in respect of advice on investments); Jackson v Royal Bank of Scotland plc [2005] 1 WLR 377, HL (liability of issuing bank for breach of duty of confidentiality owed to first beneficiary of a transferable letter of credit); JP Morgan Chase Bank v Springwell Navigation Corporation [2005] EWCA Civ 1602 (similar fact evidence in claim relating to transactions in fixed income instruments); Diamantides v JP Morgan Chase Bank [2005] EWCA Civ 1612 (strike-out of claim by sole shareholder of investor); Masri v Consolidated Contractors International Co SAL [2006] EWHC 1931 (Comm) (construction of oil and gas agreement); Springwell Navigation Corpn v JP Morgan Chase Bank & Others [2008] EWHC 1793 (Comm) (Judgment of Gloster J after 68 day trial on duties owed by a trading desk to a sophisticated customer in emerging market debt instruments and the effect of disclaimer provisions in bank documentation); Carey Value Added S.L. v Grupo Urvasco SA [2010] EWHC 1905 (characterisation of a “payment on demand” instrument); UBS AG v Kommunale Wasserwerke Leipzig GmbH [2010] EWHC 2566 (Comm) (jurisdiction of the London Court over German municipality under CDO transactions); Barclays Bank Plc and Others v HHY Luxembourg [2010] EWCA Civ 1248 (dispute over payment waterfall); Springwell Navigation Corpn v JP Morgan Chase Bank & Others [2010] 2 CLC 705, CA (appeal on liability for selling Russian GKOs); Lehman Brothers International (Europe) v JFB Firth Rixson, Inc [2011] 2 BCLC 120 (Ch), CA, (dispute over effect of conditions precedent in the 1992 ISDA Master Agreement); Brittania Bulk plc v Pioneer Navigation Ltd [2011] 2 Lloyd’s Rep 84 (meaning of “Loss” in the ISDA Master Agreement); Anthracite Rated investments (Jersey) Ltd v Lehman Brothers Finance SA [2011] 2 Lloyd’s Rep 538 (dispute over payment waterfall in Lehman swap contract); RE SMP Trustees Ltd [2012] EWHC 772 (Ch) (amendment of bond trust deed); VTB Capital Plc v Nutritek International Corp and Others [2013] 2 A.C. 337 (Supreme Court) (setting aside service out of the jurisdiction); Forsta AP Fonden v Bank of New York Mellon SA/NV [2013] EWHC 3127 (Comm) (securities lending); Deutsche Bank AG v Unitech Global Ltd [2013] EWCA Civ 1372 (strike out of LIBOR manipulation claim); Constantin Median v Bernard Ecclestone and Others [2014] EWHC 387 (Ch) (conspiracy to injure through alleged bribe to German banker); Fondazione Enasarco v Lehman Brothers Finance SA [2014] EWHC 34 (Ch) (jurisdiction dispute); Akers v Samba Financial Group [2014] EWHC 540 (Ch), [2014] EWCA Civ 1516 (Recognition of Trusts Act 1987); Fairfield Sentry Ltd (In Liquidation) v Migani [2014] UKPC 9, PC (claim by Madoff feeder fund against redeemed shareholders); Knighthed Master Fund LP v Bank of New York Mellon [2015] EWHC 270 (Ch) (Argentine sovereign debt).

Career

Called 1979, Gray’s Inn; silk 1994. Sole contributor to: Halsbury’s Laws of England, vol 3(1) (1989 reissue) title “Banking”. Joint contributor to Halsbury’s Laws of England, vol 4(1) (1992 reissue), title ‘Banking’. Joint contributor to Halsbury’s Laws of England, vol 4(1) (1992 reissue), title ‘Bills of Exchange’. Sole contributor to ‘Halsbury’s Laws of England’, vol 4(1), (reissue 2002), title ‘Bills of Exchange’. Editor of Paget’s Law of Banking 10th edition (1989), 11th edition (1996), 12th edition (2002) and 13th edition (2007). Contributor to ‘Professional Negligence and Liability’. General editor of Butterworth’s online service ‘Banking Law Direct’.

Education

Nottingham University (LLB).


London Bar

Banking and finance (including consumer credit)

Within: Banking and finance (including consumer credit) – Leading silks

Mark Hapgood QC - Brick Court ChambersVery commercial and devastating on his feet.

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Commercial litigation

Within: Commercial litigation – Leading silks

Mark Hapgood QC - Brick Court ChambersA very persuasive advocate.

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Financial services

Within: Financial services – Leading silks

Mark Hapgood QC - Brick Court ChambersParticularly adept at cutting to the heart of complicated issues.

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Fraud: civil

Within: Fraud: civil – Leading silks

Mark Hapgood QC - Brick Court ChambersProvides practical, commercial and strategic advice and is a very persuasive advocate.

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Professional negligence

Within: Professional negligence – Leading silks

Mark Hapgood QC - Brick Court ChambersStrong, experienced advocate.

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