The members at 4 New Square Chambers boast expertise in handling contentious work across the Caribbean, Channel Islands, and the Isle of Man in shareholder disputes, contentious liquidations, and civil fraud matters. Justin Fenwick KC specialises in onshore and offshore commercial litigation, with an emphasis on fraud cases. Graeme McPherson KC has been notably busy in the Cayman Islands with expertise in insurance litigation and professional liability claims. He is acting for the claimant in The Armand Hammer Foundation Inc v Hammer International Foundation in the Cayman Financial Services Division which concerns substantial assets that were allegedly misappropriated through impermissible corporate resolutions, and their subsequent recovery. Ben Hubble KC is another key silk with significant offshore experience in the Caribbean, while Graham Chapman KC is skilled in Cayman-based proceedings. Business disputes with a financial element are a particular strength of Daniel Saoul KC, and he is representing the claimant in Privatbank v Kolomoisky, Boglyubov and Others, a $2.6bn claim against shareholders and directors based on allegations of a series of frauds. George Spalton KC‘s practice has an emphasis on complex civil fraud. Lucy Colter and Mark Cullen are notable juniors at the set.
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Profile
Position
Principal areas of practice are (1) professional liability (in particular claims involving accountants and auditors, solicitors and barristers, financial service professionals and sports agents), (2) professional discipline (3) sports law and discipline, and (4) commercial litigation, including insurance & finance services litigation. Recent important cases include: Professional Liability & Commercial: Coulthard v Neville Russell (CA) [scope of auditors' duty of care]; Barex Brokers v Morris Dean (CA) [scope of valuers' duty of care]; Flannery v. Halifax EA (CA) [duty of judge to give adequate reasons]; IAICL v Cook (CA) [scope of auditors' duty of care]; University of Keele v PWC (CA) [construction of exclusion clause in accountants' retainer]; Keydon Estates v Eversheds (Ch) [damages for loss of hypothetical profit]; Glyn v McGarel-Groves (QB) [scope of treating and supervising vets’ duties]; Shawton Engineering v DGP (CA) [scope of PII cover provided by a design & build policy]; Hickman v Blake Lapthorn (QB) [duties of barrister when advising on settlement]; Sunderland Mutual Marine v Wiseman (Comm) [conflict of laws within UK]; Hedrich v Standard Bank (CA) [wasted costs; duties to court]; Fulham Leisure Holdings v Nicholson Graham Jones (CA) [claim arising from sale of Fulham AFC]; Kidsons v Various Underwriters (CA) ['notification' under a PII policy]; Webster v Sandersons (CA) [damages for reflective loss]; Gill v Humanware (CA) [wasted costs jurisdiction in ETs]; Spreadex v Barnes (Ch) [claim arising from drafting of a gambling arrangement]; Fonexco v Manches (QB) [obligations of a solicitor in a jurisdiction race]; Zurich v Brown & Barnes (Ch) [construction of Solicitors MTCs]; Thomas v Capita (Ch) [film finance litigation]; Mengiste v EFFORT (CA) [recusal of Judge; wasted costs]; Baxter v Howreys (Comm) [claim arising from mishandled litigation]; Redstone Mortgages v B Legal (Ch) [solicitors' obligations towards mortgagee client]; AIB v Mark Redler & Co (SC) [breach of trust against solicitors; measure of compensation]; Platform v Persimmon (Ch) [claim in fraudulent misrepresentation]; Marrache v Baker Tilly (Gib SC) [scope of ex turpi causa defence]; Standard Life v Collins (Comm) [claim against director]; MEX v Hindle Campbell (Ch) [group litigation against solicitors said to have been involved in conspiracy to conduct mortgage fraud]; Dewey & Lebeouf v Kerself (Comm) [obligations of corporate solicitors handling an overseas bond issue]; Re Duff & Phelps (Comm) [collapse of Rangers FC]; Re Deep Purple (Ch) [recovery of stolen royalties]; Fincantieri v Clyde & Co (TCC) [failed arbitration over construction of a mega-yacht]; HGF v Goodman Derrick (Comm) [litigation over sale of an Impressionist masterpiece]; Harding Evans v Spencer-White (CA) [scope of solicitors lien; implication of terms of ‘trust & confidence’]. Sport: Nicky Henderson, Aidan O’Brien, Howard Johnson, CASELA PARK, Jim Boyle, Mahmood Al Zarooni, Gerard Butler, Jim Best, Grand National 2014, Bradley & Powell; 2015 St Leger appeal (BHA Disciplinary Panel & Appeal Board) [corruption, doping, sporting disrepute]; Whittaker (FEI Inquiry) [doping]; Mullins v Jockey Club (Admin Ct) [amenability of sporting bodies to judicial challenge]; Arachi v Fallon (CA) [injunction to prevent jockey from riding in Derby]; Burton v British Shooting (Sports Resolutions) [Olympic selection dispute]; Sports Mantra v Force India (Ch) [F1 sponsorship dispute]; Various athletes [IAAF & CAS) [doping]; Various rugby players (RFU & WR) [doping, disciplinary]; Pelosi v WBA FC (QB) [injunction to stay litigation to a Rule K arbitration]. Professional Discipline: RCVS v Jones & RCVS v Auerbach (RCVS Disciplinary Panel) [disgraceful conduct]; BSB v McCarthy & BSB v Thornhill QC (Bar Disciplinary Tribunal) [dishonesty, misconduct]; Hedrich v Standard Bank (CA), Gill v Humanware (CA), Mengiste v EFFORT (CA) [wasted costs]; FSA v Miller (FCA); GFSC v Several Individuals (GFSC) [Financial Services Regulation].
Career
Called 1993, Grays Inn; QC 2008.
Memberships
PNBA, COMBAR, ChBA, BASL, ADRL.
Education
Canford School, Dorset; Emmanuel College, Cambridge (1992 BA Hons; 1996 MA).
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Testimonials
Collated independently by Legal 500 research team.
- 'Clerks are exceptional. They understand what is needed and what the fees should be for an offshore job. Dennis Peck is exceptional.'
- 'Dennis Peck and Lizzy Stewart do a great job.'
- 'Always quick to respond and assist. Look for alternatives when there are conflicts. Very helpful. James Barrass is a star clerk.'
- 'The clerks' room service is strong and Lizzy Stewart, in particular, is an excellent senior clerk.'
- 'Outstanding depth in professional negligence litigation.'