Commercial Litigation Summit 2017

Legal Business is pleased to announce the return of the Commercial Litigation Summit – a high-level event uniting advisers and clients to debate the key issues facing litigators in a risk-driven environment.

There will be a host of leading speakers from the international disputes community.

For more information contact Lee Cashman on or 020 7396 5707.

Sponsors include:

Commercial Litigation Summit: Morning Session.

8:15am: Registration and breakfast

9am: Opening Speech

  • Lord Dyson – Former Master of the Rolls

9.15am-10.05am: Modernisation, funding and Brexit – the future of London as a disputes centre

In this broad-ranging debate, the panel will address the future of London as a disputes hub in an increasingly globalised market. The panel will cover:

  • Innovations such as the Shorter Trials Scheme currently being piloted in the Rolls Building.
  • Funding of the courts and judiciary.
  • The impact on technology on the courts system.
  • The ramifications of Brexit on the London courts and English law.


  • Lord Dyson – Former Master of the Rolls
  • Mr Justice Birss QC – High Court, Chancery Division
  • His Honour Judge Waksman QC – London Mercantile Court
  • Mr Justice Knowles QC – High Court, Queen’s Bench Division
  • Damian Taylor, Slaughter and May
  • Ed Crosse, Simmons & Simmons

10.25am-11.20am: Unitary Patents and the Unified Patent Court

The Unified Patent Court (UPC) is set to open in London by 1 Jan 2018. This panel will discuss the impact of the UPC on litigation strategy for UK plcs and explore the challenges it creates create for in-house counsel. A panel debate will consider the competing interests of holders and manufacturers and ask how they will approach cases at the UPC. The panel will cover:

  • The UPC and litigation strategy – how national court/UPC tensions will work in commercial disputes.
  • Impact of Brexit on UPC and potential complications.
  • Opting out/in of the UPC – a discussion with senior counsel.
  • Unwired Planet vs Huawei case; the jurisdiction of UPC over FRAND licensing cases.
  • Patent trolls: A risk of the UPC?


  • Katharine Stephens, Bird & Bird
  • Daniel Alexander QC, 8 New Square
  • Matt McBrien, BAE Systems
  • Fiona Bor, MereoBiopharma
  • Dr Alex Robinson, Dehns

11.25am-12.20pm: Disputes Funding meets big ticket disputes – the Sky’s the limit

After years of being talked up, disputes funding has achieved a breakthrough in recent years, with spiralling amounts of capital being committed on both sides of the Atlantic and a string of funders taking prominent roles in high-stakes disputes. How far can the revolution run?


  • PJ Kirby QC, Hardwicke
  • Susan Dunn, Harbour
  • Andrew Brown, Capital Law
  • Neil Purslow, Therium Capital Management
  • Freddy Khalastchi, Menzies
  • John Keith, BT

— 12.20pm – 1.15pm: Lunch —


Commercial Litigation Summit: Afternoon Session with Fountain Court

1.15pm-4pm: The “Failure to Prevent” model – has commercial litigation entered a new era?


1.15pm-2.10pm: Global Investigations

The increasing criminalisation of corporate and financial conduct raises the question: Who would be a company director, GC or compliance officer? This panel considers some of the main trends coming from regulators, and the challenges they pose for corporate governance. It will cover:

  • Deferred Prosecution Agreements (DPAs) and self-reporting more generally.
  • “Failure to prevent” offences.
  • Developments such as the SMR as a potential barrier to disclosure.
  • The Criminal Finances Act 2017
  • The Money Laundering Regulations 2017


  • Eleanor Davison, Fountain Court
  • Richard Lissack QC, Fountain Court
  • Judith Seddon, Clifford Chance
  • Paul Laffan, State Street
  • Damian Bisseker, Credit Suisse
  • Joseph Smith, Barclays
  • David Entwistle, Deutsche Bank
  • Jonathan Middup, EY

2.10pm-3pm: Privilege

The right to claim privilege over documents in a litigation has become more problematic than ever before. This panel will consider recent decisions handed down by the courts and ask what role privilege plays when a company self-reports. It will also consider the risks that can arise when commercial litigants access privileged documents.


  • Tamara Oppenheimer, Fountain Court
  • Matthew Banham, Dechert
  • Sarah Garvey, Allen & Overy
  • Philip Linton, Goldman Sachs
  • James Norris-Jones, Herbert Smith Freehills
  • David Owen, Barclays

3.15pm-4pm: Fraud

As significant and far-reaching investigations become more common, legal teams and their advisers are having to find new ways of managing internal investigations. This panel will look at how legal teams can effectively run multijurisdictional investigations that arise from such investigations. It will cover:

  • Data protection and cyber fraud, including the insurability of risk and reputational risk around cybercrime.
  • Interim relief in fraud proceedings, in particular the availability of search orders against third parties.
  • Asset protection trusts and whether they can still be used to defeat claims of creditors who have been defrauded.


  • Ray Cox QC, Fountain Court
  • Robin Barclay, Fountain Court
  • Clive Zietman, Stewarts Law
  • Charles Thomson, Baker McKenzie
  • Nina Barakzai, Sky
  • Rhodri Thomas, Freshfields Bruckhaus Deringer
  • Robert Amaee, Quinn Emanuel Urquhart & Sullivan

4pm-4.50pm: Moving things on – a view of the sophisticated in-house litigator

This GC-led panel will look at the cutting edge of in-house litigation management, including how to generate revenue from litigation cases, new systems for managing litigation in-house, problems with tracking and monitoring dispute volumes globally, and where the disputes hotspots are. Speakers:

  • Stephen Moriarty QC, Fountain Court
  • Laurent Geelhand, Hausfeld (and former European General Counsel, Michelin)
  • Damian Bisseker, Credit Suisse
  • Tepo Din, BNY Mellon
  • Tracey Dovaston, Barclays
  • John Keith, BT

4.50pm: Closing remarks


— 5pm: Drinks reception —



London, United Kingdom