4KBW
Legal 500

Our Barristers

Lawrence Power

Called to the bar: 1995
Specialisation: Commercial, Fraud, Insolvency.

Lawrence Power

Call (1995) Middle Temple
Bar of Northern Ireland (2005)
LL.M Nottingham
LL.B (Hons) Nottingham

Profile

Lawrence enjoys a solid commercial and chancery practice and is instructed on a variety of different areas of law, in particular:

  • Banking and Finance
  • Computer and Telecommunication
  • Insolvency (including Cross-border)
  • Insurance
  • Intellectual Property
  • International Sale

Lawrence advises on regulation and compliance in ‘electronic jurisprudence’ in addition to the drafting of computer and Intellectual Property contracts.   As an international practitioner he receives instructions from China, Hong Kong, Israel, Malaysia, Vietnam and the USA. Furthermore, Lawrence was instructed to moderate Sanko Steamship Co., Ltd’s briefing meeting for international creditors in 2014.

As well as his extensive legal practice, Lawrence has been Head of Chambers at 4KBW for over 11 years during which time he has encouraged the expansion and development of the set in a direction focused on maintaining its reputation for first-rate standards of work based on first class recruitment.

Reported Cases

  • Frederic Uchechukwu Achom, Alexander Charles Nicholl, Boington Anthony Grant v Tihomir Lalic, Vahram Papazyan, Alula Leisure Limited [2014] EWHC 1888 (Ch): The claimants maintained they were entitled to a 50% interest in a nightclub venture and the company which held the underlease to that nightclub. Held, there was no binding contract between the first claimant and any of the defendants and, in turn, no evidence of a partnership. Additionally, the claim that a Pallant v Morgan equity arose failed as did the conspiracy claims.
  • BDMS Ltd v Rafael Advanced Defence Systems [2014] 1 Lloyd's Rep 576 (Comm): BDMS held Rafael in repudiatory breach of an arbitration agreement. Rafael applied for a stay. Subsequently, Rafael was held not to have committed a repudiatory breach that rendered the arbitration agreement inoperative but BDMS were not blamed for issuing the claim. Rafael invited the judge to make an order for costs on an indemnity basis but instead costs were awarded on a standard basis.
  • Freetown Ltd v Assethold Ltd [2013] 1 WLR 385: Party wall award case where Lawrence acted for Freetown Limited in the County Court and High Court proceedings. Lawrence advanced arguments that were subsequently successful on appeal.
  • Pathania v Adedeji [2010] EWHC 3085 (QB): Cited in Snell’s Equity Third Cumulative Supplement to the Thirty-Second Edition: Chapter 8 – Fraud, Undue Influence (p14). The presumption of undue influence between a solicitor and a client was rebutted; the client being a sophisticated and experienced doctor.
  • Churchill v Temple and Others [2011] 1 EGLR 73 (Ch): The case concerned restrictive covenants. The important issue was whether a property owner, whose land was burdened by an obligation to obtain ‘vendors' consent’ for alterations to his property, still had that obligation following the death of the ‘vendors’.
  • PR Drego Ltd v Salim Dungarwalla (2010): Unreported (Ch): International banking and finance case in Chancery Division of the High Court.
  • Commonwealth of Australia v Peacekeeper International FZC UAE [2008] EWHC 1220 (QB): Ordinarily any participation in this type of interpleader proceedings for a traditional purpose would not amount to submission to the jurisdiction.
  • R v Farhat Mahmood and Atteeque Shahin [2006] 1 Cr App R (S) 96: Cited in Archbold: Sentences and Orders on Conviction: Lack of discretion/abuse of process (p895). Court of Appeal case concerning the proceeds of crime in a money laundering action.
  • The Estate of Dr Anandh & Anr v Barnet Primary Health Care Trust [2004] EWCA Civ 05 (CA): The defendant appealed against judge's decision upholding the master's order refusing permission to extend time for service of defence and permitting the claimant's application for summary judgment. The matter should not have been dealt with by means of summary judgment as there had been competing factual issues that should have been considered.
  • UVC Limited (t/a Power Train Projects) v Doug Kiddie Engineering Limited [2001] EWCA Civ 922 (Ch): Contract case concerning whether a positive duty on a solicitor exists to reserve position as to costs of Pt 20 defendant.
  • John Amorifer Uzoamaka v Conflict & Change Ltd [1999] ADR LR 05/28 (CA): The Court of Appeal held that the charity were entitled to summarily dismiss the claimant as his conduct threatened their most important commercial link and was capable of bringing the project into disrepute.

 

Publications

Lawrence is the IP editor for the Journal of Alternative Dispute Resolution. Moreover, Lawrence has reviewed ‘Electronic Finance Law’ [1993] in Law, Computers and Artificial Intelligence Journal and contributed to: 

  • Archiving Computer Transactions [1994]
  • The Law of Due Diligence [1997]

Lawrence is current writing a new text book regarding the advocacy required in different court, tribunals and inquiries. This is due for publication in 2015 by Wildys.

 

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Jerome Wilcox

Called to the bar: 1989
Specialisation: Aviation, Commercial, Property.

Jerome Wilcox

Call:

  • Call (1989) Middle Temple
  • University of Buckingham, University of Aix-Marseille
  • European Law Degree (LLB Hons)

 

Practice

Jerome’s practice has been varied over the years covering matters at all levels. Jerome enjoys an eventful commercial practice and is licensed to practice under the Public Access Scheme to conduct litigation. Jerome’s practice focuses on aviation claims, commercial disputes with a particular emphasis on construction and property claims, rights of way claims, neighbour disputes and includes some vintage/high value car claims particularly where elements of fraud or bad faith are involved. Jerome also undertakes regulatory work relating to several professions, licensing but also planning regulations which dovetails with his property disputes practice.

 

Aviation

  • Warsaw and Montreal Convention claims (cargo, passenger, baggage claims)
  • Compensation claims for delay, cancellation or denied boarding claims
  • Carriage by air disputes involving EU regulations
  • Claims arising from unruly passengers.
  • Negligence claims, including personal injury, in an aviation and employment context.

Commercial

  • General Commercial/construction disputes.
  • Insolvency.
  • Partnership and Company law disputes.

Property

  • Commercial and residential property and fraud related matters.
  • Boundary disputes and rights of way claims including proceedings under the Protection from Harassment Act 1997.

Regulatory work

  • Professional regulation issues.
  • Alcohol and entertainment licensing law including new applications, reviews and appeals.
  • Planning related matters including enforcement.

Travel Claims

  • Sickness claims
  • Compensation claims
  • Package Holiday Regulation claims and Athens Convention claims.

 

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Samuel Jarman

Called to the bar: 1989
Specialisation: Commercial, Fraud, Insolvency.

Samuel Jarman

Call 1989, Inner Temple

LLB (Hons), University College London

 

Profile:

Samuel works on commercial litigation/arbitration (contracts, banking, insurance & re-insurance, shipping (dry) and commercial fraud), as well as Jurisdictional disputes, Private international law (conflicts) and Japanese law.

Commercial

Defending claims brought on guarantees. In the field of banking his specialties include the defence of claims brought by banks, particularly against small to medium sized businesses (those with an annual turnover of up to £50 million) where facilities are secured with guarantees and/or legal charges over the personal property of directors or shareholders.

Samuel has acted against almost every bank in the UK including Barclays, Lloyds, HSBC, Halifax/Bank of Scotland, Nat West, RBS, and many others both in the UK and abroad. Samuel successfully defended 14 applications for a bankruptcy petition against a single party brought by RBS Invoice Finance, and is currently involved in a claim against a major Indian bank for deceit by the President of the bank.

 

Insurance‚Ä®

In the field of insurance his specialties: include coverage disputes under legal expenses insurance and/or professional indemnity, & maritime umbrella policies.

Syndicate Bank v Dansingani 2012 Chancery Division The Defendants and their company are pursuing defences and cross-claims, against sums due under guarantees, and secured by a legal charge, for deceit by the president of the bank, inducing them to enter the legal charge.  The bank unsuccessfully spent 3 days trying to strike out these cross-claims in December 2013.

TICC v Cosco (UK) Limited 2001 December 5, Court of Appeal (successful claim by a freight forwarder for repayment of post season surcharges imposed by an international carrier of goods by sea and paid to its UK agent under duress)

Import Car Specialists Limited v. Chief Constable of Hampshire Constabulary & Others 2001 QBD (various claims against multiple defendants involving the recovery and re-sale in the UK of cars originally stolen in Japan worth about £60 million)

In Re Crookshank Limited 2000 Administrative Court (various claims against multiple defendants involving the recovery and re-sale in the UK of cars originally stolen in Japan worth about £4 million)

Casio Computers Ltd v. Sayo & Others 1998 Ch D (a fraud of about $100 million involving 20 defendants in multiple jurisdictions)

Jyske Bank (Gibraltar) Ltd v Spjeldnaes & Others 1996 Ch D (a fraud of about £70 million involving 30 defdendants in multiple jurisdictions)

In Re a Company (No 62 of 1995) 1996 Times 15 February (a technical point of procedure in presenting petitions to wind-up UK companies)

 

Scholarships, Awards, and Prizes

1990-91 Faculty of law, Ritsumeikan University, Kyoto, Japan (Japanese Ministry of Education Award Scholarship).

1989-90 Osaka University of Foreign Studies, Osaka, Japan (Japanese Ministry of Education Award Scholarship).

 

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Kimberley Farmer

Called to the bar: 1997
Specialisation: Aviation, Commercial, Consultation.

Kimberley Farmer

Call (1997) - Inner Temple

LLB Business Law (Hons.)

London Guildhall University, London

Master of Arts (English Literature)

College, MA, USA

Bachelor of Arts (English Literature)

LSU, LA, USA

 

Profile

In her capacity as advocate, Ms. Farmer has appeared in both the House of Lords (Supreme Court) and Privy Council as well as courts in the United States and the Eastern Caribbean Circuit.

She has presented papers to the American Bar Association AGM and the Cayman Banking Association. Ms. Farmer also has extensive knowledge and experience in the international business sector.

 

Aviation

Warsaw and Montreal Convention claims (cargo, passenger, baggage claims)

Compensation claims for delay, cancelation or denied boarding claims

Carriage by air disputes involving EU regulations

Claims arising from unruly passengers

Negligence claims, including personal injury, in an aviation and employment context.


Commercial

Banking

Finance

International business

 

Consultation

Vastly experienced in Management consultancy

Property

Transatlantic expertise

Consumer retail

 

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Nicola McKinney

Called to the bar: 2004
Specialisation: Commercial, Insolvency.

Nicola McKinney

Call (2004) Gray’s Inn
Bar of the Commonwealth of the Bahamas (2004)
LL.B (Hons) London
MSc (Hons) LSE
BA (Hons) Harvard

Profile

Nicola completed her pupillage at 4KBW and has been a tenant since 2006. Nicola’s civil practice encompasses:

  • Commercial

  • Employment

  • Insolvency

  • Personal Injury

Nicola has particular experience in advising on high-value hotel and property disputes as well as multi-jurisdictional insolvency and professional negligence cases in this jurisdiction and in The Bahamas.

Practice Areas

Insolvency

Nicola is regularly instructed by companies, company officers, liquidators and creditors to appear in a range of proceedings in the Companies Court, including winding up petitions, validation orders, private examinations and arrest warrants. She has advised in relation to misfeasance, fraud, creditors’ rights, asset-tracing and recovery disputes. Nicola regularly advises on high-value corporate insolvencies in The Bahamas, including cross-jurisdictional questions on the duties and professional negligence of company auditors and advisors.

Commercial and Chancery

Nicola acts and appears for both claimants and defendants in contractual and property disputes, including a high-value hotel development in the Privy Council in an adverse possession claim. She is instructed on both contentious and non-contentious matters relating to the purchase and sale of commercial property and breach of trust claims involving pension trust companies.

Employment

Nicola is instructed on behalf of claimants and respondents in all stages and types of claims, from one-day unfair dismissal cases to lengthy discrimination claims. She has particular experience of stress at work cases, drawing on her personal injury experience and appears regularly in the Employment Appeal Tribunal.

Personal Injury

Nicola advises on liability and quantum cases in fast-track and multi-track claims. She has experience with drafting all statements of case and complex schedules of loss. Experience in negotiating settlement terms in workplace accident and fatal accident act claims and Part 36 offers.

Nicola has particular experience in the following areas of Personal Injury:

      • Workplace injury, co-employee violent assault and stress at work
      • Fatal accident act claims
      • Part 36 offers
      • Road traffic accidents
      • Slip and trip cases
      • Occupier’s liability cases
      • Health and Safety and other regulations
      • Drafting infant settlement advices from low-level quantum to complex multi-track and Fatal Accident Act cases


Examples of cases which Nicola has worked on include:

  • Acting for a wife and child in a multi-track Fatal Accidents Act claim with complex settlement negotiations with co-claimants and defendants. A sizeable settlement was obtained in this case which involved cross-jurisdictional and immigration issues and complicated quantum calculations.
  • Acting for the claimant in a ‘multiple breakdown’ stress at work claim with complex causation and quantum issues. Settlement obtained through Part 36 offer.
  • Instructed in a multiple-accident multi-track claim with a complex schedule of loss addressing care and permanent disability.
  • Advising in the claim of a Scottish national in a road traffic accident in The Bahamas, in Bahamian proceedings.

Notable Cases

  • Arriva London Limited v K Eleftheriou UKEAT/0272/12/LA: After successfully representing the claimant and securing his reinstatement at the employment tribunal in his claim for unfair dismissal, successfully resisted an appeal of the reinstatement order and cross-appealed a Polkey deduction, achieving a higher monetary award.
  • Re: Hartmayes (in liquidation), Companies Court, Chancery Division High Court: Represented liquidator in proceedings against company director, including private examination and arrest warrant.
  • Kenneth Higgs v Leshelmaryas [2009] UKPC 47: Appeared for defendants in chancery Privy Council appeal, successfully arguing against adverse possession claim over commercial land situated in The Bahamas.
  • Zohra Bi and Others v Elena Claughton and Direct Line Insurance, High Court QBD: Acted for claimant wife and child in multi-track Fatal Accidents Act claim with complex settlement negotiations involving both co-claimants (parents and siblings) and defendants. Cross-jurisdictional/immigration issues and complex quantum calculations. Obtained sizeable settlement.
  • Dalriada Trustees Limited v South Horizon Trading Limited and Others, High Court, Chancery Division. Acted for defendant pension companies in claim for breach of trust.
  • Suisse Security Bank & Trust Ltd (In Liquidation): Bahamas Supreme Court and Bahamas Court of Appeal. Advising in several litigations arising out of the liquidation of a company incorporated in The Bahamas, with assets in multiple jurisdictions.

Jimmy Barber

Called to the bar: 2008
Specialisation: Aviation, Commercial.

Jimmy Barber

Call (2008) Lincoln’s Inn

Profile

Jimmy has been a tenant since May 2012. His practice includes a wide range of civil work, including:

  • Commercial and Chancery
  • Aviation and Travel
  • Personal Injury and Clinical Negligence
  • Employment
  • Public law

He has extensive experience on his feet in the County Court in the multi-track, fast track and small claims tracks, as well as in the Employment Tribunal.

Jimmy spent two terms at the Court of Appeal as judicial assistant to the present Lord Chief Justice, Lord Thomas of Cwmgiedd (while he was President of the Queen's Bench Division).

Practice Areas:

General Commercial

He appears regularly in the county courts on interim applications and at final hearings on cases involving credit hire, road traffic accidents, damage to property from water ingress, estate agents’ commission, infant approvals and possession hearings. He also appears in the Chancery Division assisting Lawrence Power and on his own cases.

He is building an aviation and travel law practice, with particular experience of cases involving Regulation (EC) No. 261/2004, the Montreal Convention and misrepresentation of package holidays.

During pupillage at Crown Office Chambers he worked on Dhanani v Crasnianski [2011] EWHC 926 (Comm), a two-week case in the High Court regarding the formation of a private equity fund, and the landmark case of Jones v Kaney [2011] UKSC 13 in the Supreme Court, in which expert witnesses lost their immunity from suit. He also advised on commercial guarantees, the interpretation of insurance contracts, product liability claims, solicitors’ negligence and executors’ breaches of trust.

Before coming to the Bar, he spent six months working at a commercial solicitors’ firm on disclosure and drafting in the case of SITA UK v Serruys, a £91million dispute involving allegations of commercial fraud.

Employment

He appears on behalf of claimants and respondents in the Employment Tribunal at liability and remedies hearings. Recent cases include S v Jobcentre Plus (2013), in which the ET found that his client had been unfairly dismissed on capability grounds, and D v LFMA (2013), a case of refusal of employment on grounds related to union membership. He has experience conducting cases involving discrimination, breach of contract, unlawful deduction of wages and the right to be accompanied by a union representative.

He is a member of the Employment Lawyers’ Association.

Aviation:

Jimmy undertakes court, advisory and drafting work in matters relating to aviation and travel law, including:

  • Carriage by air disputes involving EU regulations, the Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims.
  • Denied boarding claims.
  • Negligence claims, including personal injury, in an aviation context.

Recent cases:

  • Acting for airlines in defending claims brought under Regulation 261/2004, where delays were caused by extraordinary circumstances.
  • Successfully resisting various claims brought by passengers complaining of e.g. offensive treatment at the hands of airline staff, and of distress and loss of enjoyment as a consequence of erroneous denial of boarding.
  • Representing tour operators in various claims for breach of contract and misrepresentation relating to package holidays.

Personal Injury and Clinical Negligence

Jimmy has experience of settling advices on liability, quantum and procedure in personal injury and clinical negligence matters, on cases involving orthopaedic injuries, occupational stress, industrial deafness, road traffic accidents, chronic pain syndrome, the six-pack Health & Safety at Work Regulations, negligent misdiagnosis and nervous shock. He is regularly instructed in the County Courts to attend CCMCs, application hearings and trials.

Jimmy is currently on part-time secondment as in-house counsel to the personal injury team at HMRC Solicitor's Office advising on a wide range of employers' liability cases. He also has considerable experience advising the Ministry of Justice on claims brought against HM Prison Service, the Crown Prosecution Service and the Probation Service for personal injury.

  • Recent cases include N v N City Council, in which he successfully represented a claimant who tripped over on a gravel verge in a council-run car park in her claim for personal injury.

Public Law

He is frequently instructed on the Treasury Solicitor’s Baby Barrister scheme. He has considerable experience advising the Ministry of Justice on private law claims brought against HM Prison Service, the Crown Prosecution Service and the Probation Service, in respect of claims for personal injury, false imprisonment, trespass to the person, lost property and breaches of human rights. He has also carried out subject access requests and advised on information law rights.

For the Department of Health he has drafted a series of schemes for the transfer of assets and property from Primary Care Trusts to new legal entities in the reorganization of the NHS. Recently he advised on the statutory amendments to primary and secondary legislation made necessary by the Marriage (Same-Sex Couples) Bill, and on the tracing of liabilities of NHS hospitals in respect of high profile historic sexual abuse cases.

Other Experience

He has extensive experience conducting multiple and single-day trials in the magistrates’ and youth courts both as a defence advocate and as a prosecutor. Notable cases include R v JS & ors [2011], a seven-handed violent disorder case in the youth court, in which the judge dismissed the case against his client following his cross-examination of a police officer, which revealed breaches of Code D of PACE; and R v MM [2012], in which he successfully defended a client charged with indecent exposure following a legal argument on the interpretation of the Sexual Offences Act. He has appeared in the Crown Court on interim applications, on appeals against sentence and to prosecute breaches of parole.

During his appointment as a judicial assistant at the Court of Appeal, he drafted bench memoranda for the Lord and Lady Justices of Appeal on permission to appeal applications in commercial, employment, immigration and family disputes. He assisted Sir John Thomas PQBD (as he then was) in the Divisional Court, by carrying out legal research and preparing bench memos on criminal appeals, extradition cases and several high profile judicial reviews.

He assisted on Tchenguiz v Serious Fraud Office [2012] EWHC 2254 (Admin), in which search warrants obtained by the SFO to investigate the claimants’ alleged involvement in a collapsed Icelandic bank were held to be unlawful, and R (Chong Nyok Keyu & ors) v (1) Secretary of State for Foreign & Commonwealth Affairs (2) Secretary of State for Defence) [2012] EWHC 2445 (Admin), an unsuccessful application to judicially review the Secretary of State’s decision not to hold a public inquest into British soldiers’ involvement in the Batang Kali massacre in 1948.

 

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Helen McAteer

Called to the bar: 2008
Specialisation: Commercial, Insolvency.

Helen McAteer

Call (2008), Gray’s Inn
BA (Hons) in Jurisprudence (2:1), the University of Oxford
LLM in Public Law (Merit), UCL

Profile

Helen joined 4KBW in June 2013 after completing pupillage at Crown Office Chambers. She has gained experience in a broad range of commercial and common law disputes and accepts instructions in the following areas:

  • Commercial and Chancery
  • Employment
  • Negligence and Personal Injury
  • Property
  • Public Law

Prior to commencing pupillage Helen gained eighteen months’ experience as a County Court Advocate. She appears regularly in the Employment Tribunal and County Courts in and out of London.

Commercial and Chancery

Helen appears in a range of hearings including bankruptcy hearings and those for the return of hired goods. She has experience of drafting and advising in a variety of commercial and chancery matters. She has dealt with issues including insolvency procedure; the restoration of a company to the register; and the compliance of a purchaser with the vendor’s conditions for sale in a contract of sale. She is particularly interested in insurance law, including issues arising in relation to construction, coverage, and material non-disclosure.

Employment

Helen has experience appearing in employment tribunals for interim and final hearings. She has dealt with a range of legal, practical, and procedural issues including an insolvent respondent; the participation of a respondent at a remedies hearing in a case where an application to review a default judgment had failed; and the determination of a list of issues in a complex case involving allegations of harassment, discrimination and victimisation. She accepts instructions from both claimants and respondents.

Negligence and Personal Injury

Helen is very familiar with personal injury matters and is regularly instructed by the Treasury Solicitor’s Department as a ‘baby barrister’ to advise on the merits and conduct of claims made against the Ministry of Justice. She regularly appears in trials and interlocutory hearings for both claimants and defendants in matters arising from road traffic accidents and other alleged negligence. She has gained experience in a range of cases including a complicated and high value infant settlement; an application of a claimant’s former solicitors to set aside a costs order; and applications for relief from sanctions and pre-action specific disclosure.

Property

Helen is experienced in appearing at hearings of residential mortgage and rental possession claims and charging order applications, and has provided pro-bono advice in relation to Leasehold Valuation Tribunal matters. She has also dealt with planning and commercial property issues including the rights and reliefs available to sub-tents where a head lease has been surrendered or forfeited; the differentiation between a licence and a commercial tenancy; and unreasonableness in the context of a planning enforcement notice.

Public

Helen has an interest in public law, having gained a specialist LLM in that subject. She volunteered for a summer at the Commonwealth Human Rights Initiative in Accra, Ghana, where she advised victims of civil rights abuse; investigated and produced a report on corruption; and represented a victim at the Police Intelligence and Professional Standards Bureau. She has been instructed by several public bodies and government departments including HMRC, HM Prisons Service, and the Department of Health. 

Scholarships, Awards, and Prizes

Wilfred Getz Scholarship from Gray’s Inn

Distinction in Moderations from the University of Oxford

Exhibitioner of Brasenose College

College Prize for Moderations and Lovells Prize from Brasenose College

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Christopher Loxton

Called to the bar: 2009
Specialisation: Aviation, Commercial, Insolvency, Regulatory and Disciplinary.

Christopher Loxton

Call: 2009 (Middle Temple)
BSc. Joint Honours in Politics and Philosophy (Bristol University);
GDL & BVC (College of Law)

Profile

Christopher has been a tenant since October 2011, following successful completion of his pupillage. His practice includes a wide range of civil work, particularly:

He has appeared in the High Court’s Chancery Division, the Queen’s Bench Division, and the Bankruptcy and Companies Court, and a multitude of county courts and tribunals in and out of London.

Before joining the Bar, Christopher worked as a paralegal to a silk at the Baha Mousa Public Inquiry, as a paralegal in the family department of a solicitors’ firm, and as a legal assistant at the Wandsworth and Merton Law Centre.

He also worked as a journalist for the China Daily newspaper in Shanghai and interned at the United Nations HQ in New York.

 

Aviation and Travel law

Christopher undertakes court and advisory work including:

Carriage by air disputes involving EU regul Christopher undertakes court and advisory work in matters relating to aviation and travel law, including:

Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims.

Denied boarding claims.

Negligence claims, including personal injury, in an aviation and employment context.

International carriage by road and sea claims, including under the Convention on the Contract for the International Carriage of Goods by Road (CMR).

Insurance claims, including in relation to vessels and vehicles.

Package Holiday Regulation claims and Athens Convention claims.

Notable cases:

Acted for a major international carrier in defending a High Court claim for personal injury under the Montreal Convention, the value of damages exceed £1.2 million.

Successfully acted for an airline defending multiple actions brought by a company whose business model was to buy up the claims of passengers brought under EC Regulation 261/2004. Defences pursued under the laws of maintenance and champerty. Claims successful struck out after contested applications.

Acted for a South American cargo carrier against a major food distributor in a claim brought under the Montreal Convention for damage to a large cargo consignment.

Represented several group companies, forming part of a multinational corporation specialising in mining and chemical production, in an action against multiples defendants for compensation under the CMR for loss caused to a large consignment of chemical emulsion.

Successfully acted for an airline defending multiple actions brought by a company whose business model was to buy up the claims of passengers brought under EC Regulation 261/2004. Defences pursued under the laws of maintenance and champerty. Claims successful struck out after contested applications.

Acted for a major international airline pursuing an additional claim for breach of statutory duty and negligence against a co-defendant being a major contractor providing catering services to the airline

 

Commercial

Christopher is regularly instructed in a wide variety of business, finance and property related disputes and has represented clients in trusts and probate claims. Christopher’s advisory work includes providing guidance on contracts, indemnities, guarantees and commercial leases.

Notable Cases:

Acting as a junior for agents of a gold bullion transaction involving fraud.

Acting a client in relation to an overage dispute concerning one of the largest onshore wind farms in the UK.

Santander UK plc v Taylor: acted for the claimant bank in respect of mortgage possession and enforcement proceedings, concerning allegations made by the defendant of identity theft and fraud.

MD v SW, JW and ST FC Ltd (2014): advised on potential, high-value claims for restitution, breach of contract, the existence of business partnerships and constructive trusts.

Northern Rock (Asset Management) plc v Monroe: successfully acted for the claimant bank in mortgage possession proceedings. Defeated allegations of fraud, unfair contract terms, breach of contract and financial services legislation.

SME v MD, Queen’s Bench Division (2014): acted as a junior in defending a claim brought by a factoring and loan company against a guarantor on the grounds of fraud and use of penalty clauses.

 

Insolvency

Christopher has a burgeoning insolvency practice, having represented individuals and companies before the Bankruptcy and Companies Court and in various county courts. Advisory work has included advising on the impact of retention of title to goods on the administration / liquidation of a company’s assets.

LM v AM: acted in a s.423, Insolvency Act application (transaction at an undervalue) for a claimant acting as a trustee of an estate against a family member for misuse of estate assets.

BWM Ltd v EW Ltd: instructed by a wine merchant company against a restaurant chain in administration, seeking to enforce retention of title clauses against the chain and the administrator.

JG v HC and Pioneer Point Ltd, Queen’s Bench Division (2014): acted as a junior in a high-value claim brought by a creditor against co-investors and a joint enterprise company, involved allegations of fraud and equitable tracing.

 

Personal Injury, Professional and Clinical Negligence

Christopher is instructed in negligence and other tort claims, particularly those concerning employers’ liability and clinical negligence. He has drafted pleadings in professional negligence cases, including those against solicitors for negligence and breach of fiduciary duties and against former employers for providing negligent references.

Notable Cases:

Acted for an orthopaedic surgeon and private health care provider in a large group litigation dispute concerning product and clinical liability for allegedly defective hip replacement devices.

Acted for an NHS Trust in defending claims of breach of contract and negligence alleging causing various psychiatric injuries. Value of the claim is £2 million.

Oyuela v Bates Travell & J Clark: acted as junior representing a Honduran marine engineer pursuing a claim for professional negligence against former solicitors and counsel for alleged failure to file pleadings in the English jurisdiction within the required time.

Drafted pleadings and advised a self-storage company pursuing a claim for professional negligence against former solicitors for representation provided against a former employee.

Drafted pleadings and advised a former employee in relation to his former employer, a well-known travel company, for providing a negligent reference.

Advised on a potential claim against a local authority and primary care trust for breach of statutory duty and professional negligence for their responsibility for the suicide of a father whose children had been taken into care.

Inquests and Public law

Christopher is regularly instructed in inquests, typically for NHS Trusts (both Middleton and Jamieson type inquests). He is currently instructed on a 6-day inquest involving 7 different interested parties.

Christopher also accepts work in the fields of administrative (including judicial review), health, community care and housing law. His work has included:

Representing an NHS Trust in a judicial review claim against the Secretary of State for Health in relation to permanent injury benefits paid our to an employee’s family.

Acting for a doctor and a nurse in respective appeals to the High Court against their respective regulators’ fitness to practice panels’ decision to suspend their practice.

A potential claim against a local authority and primary care trust for unlawful detention of a young girl under the Mental Health Act (false imprisonment and breach of Articles 5 and 8 of the ECHR).

Advising the RMT on whether adequate consultation had been carried out with regards to the new licensing of taxis in Greater London.

Advising on a challenge to NHS Wales’ failure to fund a patient’s experimental treatment in an English hospital.

Advising on a potential claim against a local authority and primary care trust for their responsibility for the suicide of a father whose children had been taken into care.

Christopher also particular experience in mental health law, acting for applicants before the First-Tier Tribunal and Hospital Managers’ hearings, including for restricted patients.

Christopher Hanges

Called to the bar: 2010
Specialisation: Aviation, Commercial.

Christopher Hanges

Profile

Call 2010
LL.M University College London    
BA Hons University of Oxford PPE

Christopher joined 4KBW in July 2016 following a civil pupillage at 36 Bedford Row. Prior to the self-employed bar, he gained experience of in-house advisory work for a significant asset management firm. Christopher has also worked abroad in Dublin in private practice for the litigation department of a firm noted for its asset management, finance and insurance expertise.

Practice

Christopher continues to be instructed by solicitors from his pupillage and undertakes a full range of civil paperwork and court instructions including:

  • Commercial Chancery / Consumer Credit / Company and Trust disputes / Art Law
  • Insurance / Personal Injury / Professional negligence
  • Property & Land / Planning / Landlord and Tenant / Leasehold Disputes
  • Aviation and compensation claims
  • Employment
  • Advisory, document review and disclosure

Aviation

Having undergone rigorous in-house training, Christopher welcomes court and paperwork instructions, from both solicitors and airlines directly, in the following areas:

  • Compensation claims for delay, cancellation or denied boarding.
  • Montreal Convention claims.
  • Claims arising from unruly passengers.

Commercial & Chancery

Christopher has a wide range of experience at advising and assisting clients at all stages of litigation from pre-action through to costs and enforcement. He is also able to advise clients how to manage legal and regulatory risks. He has had experience in the following:

  • Contract claims
  • Consumer Credit
  • Trust disputes including Beddoe cost protection and Unit Trust structuring.
  • Art law and Heritage Assets
  • Costs
  • Bonds and construction of terms
  • Banking and Funds – including AIFMD, Investment Management and Agreements.

Examples of experience gained:

  • Madoff Securities Trustee in Bankruptcy litigation in claims relating to Alternative Advantage, Kalix and HSBC
  • Restoration of Ivory artefacts seized on importation
  • Inheritance of purported Constable painting
  • Disputed Bond redemption on behalf of Barclays Wealth
  • Danish Polish Telecommunication Group I/S .v. Telekomunikacja Polska

SA opposing the adjournment of or non-recognition of an arbitral award

  • Public interest grounds for departing from normal costs rules in appeals

Property

Christopher has a busy property practice and welcomes both court and paperwork instructions in the following areas:

  • Landlord and Tenant
  • Planning
  • Leasehold
  • Land including Easements and Covenants

Examples of work Christopher has undertaken:

  • Assisting the Athlone House Working Group in the Athlone House Planning Enquiry.
  • Successfully mediating settlement in a two day multi track possession trial.
  • Successfully settled service charge dispute with construction issues.
  • Assisted in asserting a construction easement against Railtrak.

Insurance, Personal Injury & Professional Negligence

Christopher has gained significant in-depth expertise in a wide range of personal injury, professional negligence, and any general tortious claim, through being regularly instructed by the Ministry of Justice Private Litigation Team on the Attorney General’s Off-Panel Junior Counsel list (“Junior Junior scheme”).

Work undertaken includes:

  • Advice as to coverage
  • Letters of response, advice on liability and quantum, witness statements, and disclosure exercises
  • Small claims and fast track trials and case management hearings
  • Quantum and settlement hearings

 

 

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Matthew Gillett

Called to the bar: 2015
Specialisation:  Aviation & Travel, Commercial.

Matthew Gillett

Call 2015, Inner Temple

BSc. Honours in History, Durham University

GDL & BPTC, City Law School, City University

 

Profile

Matthew joined Chambers in May 2017, following successful completion of his pupillage at the Chambers of Lawrence Power. His practice encompasses advocacy and paperwork across a wide range of civil work, particularly Aviation and Travel; Commercial and Chancery; Personal Injury; Professional Negligence and Property Law.

Before his pupillage, Matthew worked as a County Court Advocate being instructed to appear in over 350 civil cases spanning enforcement, interim applications, possession orders and debt recovery.

 

Aviation and Travel

Having worked closely with Chambers’ aviation team during his pupillage, Matthew accepts court and paperwork instructions from solicitors and airlines alike in the following areas:

  • Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims;
  • Denied boarding claims;
  • Negligence claims, including personal injury, in an aviation and employment context;
  • International carriage by road and sea claims, including under the Convention on the Contract for the International Carriage of Goods by Road (CMR);
  • Insurance claims, including in relation to vessels and vehicles; and
  • Package Holiday Regulation claims and Athens Convention claims

 

Commercial and Chancery

Matthew is experienced in advising and assisting clients at all stages of litigation from pre-action through to costs and enforcement. His practice includes the following:

  • Contract claims;
  • Consumer Credit;
  • Insolvency;
  • Bankruptcy; and
  • Costs.

 

Personal Injury, Professional and Clinical Negligence

Matthew is commonly instructed in negligence and other tort claims. He has worked in and welcomes instructions in personal injury, professional negligence and employer’s liability cases.

 

Landlord and Tenant and Real Property

Matthew accepts instructions relating to tenancies under the Housing Acts, in TOLATA matters, service charges, break clauses, and forfeiture cases, as well as cases in respect of mortgage arrears and possession.

Matthew further welcomes work in the areas of nuisance, covenants, easements and boundary disputes.

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Administration

John Kelly

Senior Clerk

John Kelly, Senior Clerk

E-mail: jk@4kbw.net

John has been a barristers’ clerk for some 40 years. In 2016 John accepted an invitation to return to the Temple and join the Chambers of Lawrence Power at 4KBW as its Senior Clerk. John was excited by the chance to managing a niche boutique set crafted to specialise in commercial law at the highest level.

As a result of John’s vast experience he has a wide range of skills including invaluable management, leadership and marketing skills, working with some of the most respected legal professionals. John prides himself on his professionalism, friendly and approachable nature providing an excellent service to ensure any inquiry is directed towards the barrister with the relevant set of expertise, to handle that matter.

Responsible with the general day to day running of chambers, John deals with fee negotiation at every level, diary management, and practice development. No problem is too big or small for our Senior Clerk, available by telephone John is happy to liaise with clients and committed to meeting your requirements.

John began in clerking having joined the chambers of C. Lewis Hawser Q.C. at One Garden Court upon finishing school in 1975. He remained at One Garden Court until 1989 when he joined the chambers of Michael Burke-Gaffney Q.C. at Lamb Building as first junior clerk as a result of a merger between civil practitioners at One Garden Court and Lamb Chambers. In 1993 John was appointed Senior Clerk at Lamb Chambers and remained in that position until 2015.

Outside of work John enjoys spending time with his wife and four children, attending White Hart Lane as a lifelong Spurs supporter, cycling, gym, swimming and horseracing.

 

Robert Pidgeon

Head of Legal Operations

Robert Pidgeon

An LLB and LPC graduate, Robert joined 4KBW in April 2016, working closely alongside our Senior Clerk, John Kelly.

Robert plays an integral role at 4KBW and assists tenants at every level. His workload includes overseeing legal operations, practice growth, chambers’ business activities, diary management, fee negotiation and marketing. Robert is also the first point of contact for all Direct Public Access clients. As a result of Robert’s legal education, he has a thorough understanding of the areas of law that 4KBW specialises in, as well as court procedure and legal process. This allows him to liaise with solicitors at a quality level.

Following LPC graduation, Robert spent 8 years living in Beijing. He was initially employed as an English teacher, he then taught UK law at some of the largest state-owned institutions in China including the State Intellectual Property Office of China, the China Construction and Engineering Company and the China Aluminium and Copper Corporation. He is a confident Mandarin speaker.

Outside work, Robert enjoys spending time with his wife and dog as well as watching Middlesbrough Football Club.

 

 

 

Sallie Berriff

Financial Administrator

Sallie Berriff

E-mail: sbb@4kbw.net

Sallie Berriff started working for Release (as a secretary and counsellor), an organisation started in the late 1960s to assist young people who needed guidance with legal, medical and psychiatric issues.  She has worked as a solicitor’s clerk, PA and finance administrator with lawyers in the UK and Australia; has been bursar of the Byam Shaw School of Art in London; manager of the Penguin Café Orchestra and has worked individually with artists and musicians.