4 New Square Chambers

4 New Square Chambers

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Samuel Cuthbert

Samuel Cuthbert

Samuel has a broad practice with particular specialisms in Commercial Law, Professional Liability and Sports Law. Samuel has a strong High Court commercial practice, regularly appearing in complex trials, appeals and interim applications. He has acted in a number of multi-million pound contractual disputes, and regularly acts in injunction proceedings. As sole counsel, Samuel recently secured a freezing order over £55m of assets. Samuel has experience of highly technical contractual disputes and he has appeared in cases involving civil fraud, misselling, and associated committal applications. Samuel is currently instructed in a significant dispute concerning wilful concealment. He has also acted in several High Court insolvency matters as well as in contempt applications, both areas often overlapping with his injunctions practice. Samuel was also recently instructed as junior counsel in a High Court dispute relating to the victims of modern slavery and human trafficking brought as a claim for unlawful means conspiracy. Samuel is equally comfortable being instructed both as led junior counsel and in his own right. Samuel has expertise in Sports Law, in which he is described by Legal 500 as “a real star of the future”. Samuel regularly acts on behalf of athletes, clubs, and national governing bodies. Samuel is instructed in CAS proceedings, rule K arbitrations, and sporting appeals. Notably Samuel has appeared in front of FA Appeal Boards, and FIBA Appeal Boards. He is currently instructed in several ongoing anti-doping prosecutions, financial regulatory disputes, and a number of high-profile safeguarding matters before arbitral panels and in the High Court. Samuel recently acted in High Court proceedings following the transfer of Emiliano Sala, and was also counsel for the National League in Southend FC’s appeal against the imposition of a £1m bond. Samuel is currently representing an international football player in relation to betting charges. Samuel’s commercial and sports practices frequently overlap and he is often instructed to advise sports clients, including both clubs and players in the premier league, in relation to commercial disputes. Samuel has considerable experience in complex and high value professional liability claims. He is currently instructed as junior counsel in a claim against a law firm for €213m following advice on the purchase of a bank. He is also junior counsel in a large professional negligence claim against a solicitors firm accused of mismanaging a book of property damage claims. Samuel’s work in this area benefits from his strong commercial understanding, and he is well experienced at dealing with technical arguments such as jurisdiction, limitation, and policy coverage.
Seohyung Kim

Seohyung Kim

Seohyung is a commercial litigator and arbitration practitioner. Seohyung is a robust and dynamic advocate who thrives on the challenges of advocacy and cross examination. She is frequently instructed in her own right to conduct trials and arbitrations, with a recent instruction to appear without a silk in a three-week long arbitration in Dubai. Seohyung’s commercial litigation/arbitration practice spans a broad range including banking and finance, professional negligence, civil fraud, oil and gas, IT, directors’ duties, shareholder disputes/joint ventures (including securities litigation), disciplinary and regulatory claims, and insurance. She is experienced in jurisdiction issues and in key interim applications, and regularly appears as an advocate before a range of courts and international tribunals. A key thread of her practice concerns dishonesty, and she has acted for both claimants and defendants in blockbuster matters of fraud, corruption, and bribery. Seohyung is emerging as an expert junior in contempt of court and was part of the COMBAR’s committee responding to the Law Commission’s consultation on the topic.
Nicole Sandells KC

Nicole Sandells KC

Nicole Sandells specialises in unjust enrichment, civil fraud, and equitable remedies and recoveries, with an emphasis on banking, trusts, real property and mortgage litigation, within a practice that encompasses most areas of Chancery/commercial work. She represented the successful parties in the Supreme Court in Scott v Southern Pacific - the North East Property Buyers Litigation (overriding interests in a fraud context), AIB v Redler (trust accounting and quantum in breach of trust) and Swynson v Lowick Rose (unjust enrichment, subrogation and res inter alios acta). In a small sample of her Court of Appeal cases, she acted for the successful banks in NRAM v Evans (2017 – rectification for mistake and land registration), Mortgage Express v Lambert (2016 - overreaching, overriding interests and unconscionable bargains), Bank of Scotland v Joseph (2014 - subrogation, unilateral notices and priority in registered land), and Lloyds TSB v Markandan & Uddin (2012 - the application of trust law to solicitors in the context of mortgage fraud). Nicole is particularly experienced in, and successful at, applying equitable and restitutionary remedies to maximise asset recoveries. A number of her first instances cases are cited as precedent in major textbooks. She has advised in various Caribbean jurisdictions in the context of a number of high-profile failed banks and insurance companies and was called to the Bar of Antigua to represent the liquidators of Stanford International Bank before the Court of Appeal of the Eastern Caribbean Supreme Court. Nicole is at her best when dealing with complex and difficult issues of law and has been notably successful in her appellate advocacy in the Court of Appeal. Her clients include a number of major lending institutions, international banks, charities, liquidators and insurers as well as high net worth individuals.
Roger Stewart KC

Roger Stewart KC

Practice areas International and offshore litigation International arbitration Construction, engineering and energy Professional liability Commercial dispute resolution Information technology Professional discipline Insurance & reinsurance Art & cultural property Career summary Roger is a leading commercial silk with almost 40  years’ experience working as an advocate and arbitrator on high value, complex disputes around the world. “The go to person for big disputes and superb on his feet,” Roger specialises in construction, insurance, IT, professional negligence and professional discipline.  He is known as a major player in international arbitration circles both as arbitrator and as counsel for commercial and construction arbitration work.  A very large part of his practice relates to international/offshore disputes. Roger is known for his ability to lead large teams of lawyers and experts as well as appear as Co-Counsel. Roger is a Recorder and appointed to sit in the Technology and Construction Court. He is also a part-time judge in the Court of Appeal in the DIFC.   A former head of chambers, he is also one of the three general editors of Jackson & Powell on Professional Liability.