This year’s summit, which will as ever attract a blend of private practitioners and in-house counsel, will see a focus on the development of litigation in the Covid era, including the opportunities and challenges facing courts to adapt to new ways of working; the types of disputes most likely to arise from the pandemic; and the use of hybrid approaches to hearings.
Between comprehensive panel discussions and the opportunity to meet and engage with fellow counsel, the Commercial Litigation Summit 2021 promises to be a practical and forward-looking event, bringing together the world’s leading experts.
Gatehouse Chambers is a leading commercial chambers which specialises in arbitration; commercial dispute resolution; construction and engineering; insolvency, restructuring and company; insurance; professional liability and property disputes. It also has niche specialisms in clinical negligence and personal injury as well as private client work. Handling both domestic and international work, Gatehouse Chambers is known for the quality of its members and client service as well as its innovative approach to issues such as funding.
One Essex Court is a pre-eminent set of London barristers’ chambers right at the very top of the commercial litigation and disputes market. Our principle areas of practice include, banking and financial services; civil fraud and investigations; company and insolvency law, including shareholder and joint venture disputes; competition cases; energy and infrastructure project disputes; professional discipline claims; and revenue law. Professional clients comprise many of the major litigation and disputes law firms both UK and international, as well as general counsel and in-house legal operations in major corporations, financial institutions and government.
Barristers at One Essex Court appear and advise in a wide spectrum of disputes work, often instructed in the most complex and high value cases passing through the courts. Given the depth of quality and expertise in Chambers, this regularly see members acting for opposing parties in large scale, multi-party matters. Recent, high-profile work has included the £3.8bn civil fraud claim in Hewlett Packard v Lynch & anor and current high-profile casework at One Essex Court includes, the section 90A FSMA claims against Tesco PLC for misstatement of profits; the fraud and conspiracy claim in Sana Sabbagh v Khoury & ors; and for Barclays Bank in defence of a claim by PCP Capital Partners in relation to emergency fundraising during the 2008 financial crisis.
Members here are also regularly engaged in substantial overseas disputes, frequently appearing in the courts in the Caribbean and the Far East, and more recently in the first case to go before the newly constituted Netherlands Commercial Court.
Harbour is the largest privately-owned litigation funder, having raised over $1bn of third party capital since inception. Established in 2007, Harbour has funded 120 claims, with arbitrations under six arbitral rules and litigation in 14 jurisdictions.
A leading commercial set of chambers, the barristers of Twenty Essex offer outstanding legal minds combined with a modern and commercial disputes experience.
Our clients include major global companies, institutions, governments and their advisors from around the world and our barristers advise and appear as advocates in court or arbitration in relation to a broad range of company and commercial, EU, competition, and public international law disputes. Practices involve the preparation and conduct of litigation before a wide range of courts and tribunals, in the UK, in foreign jurisdictions as well as on the international stage.
The vast majority of the work is international in nature and we have well-established links to many overseas markets, including through our Asian hub in Singapore servicing clients throughout Asia Pacific and beyond.
The set is also home to a number of highly respected domestic and international arbitrators and mediators, some of whom were previously judges either in the UK or overseas.
Quincecare: banks in the spotlight
Almost thirty years ago, the English courts found that a bank owes a fiduciary duty to its customer, known as the Quincecare duty of care, in both contract and tort to execute the customer’s instructions with reasonable care and skill. That extends to refraining from making a payment pending enquiries about the bona fide nature of those instructions from a customer if it has reasonable grounds for believing that the payment is an attempt to misappropriate funds from the customer. Since that original case, it has rarely been relied upon by customers seeking to take action against their bank. However, a number of recent decisions in the last two years have changed that and put the duty firmly back in the spotlight. And 2022 is set to produce a number of important appeal decisions which will decide whether banks owe such a duty to personal customers as well as corporate ones and, crucially, whether banks can contract out of the Quincecare duty.
Associate Sponsor: Brown Rudnick
Networking sponsor: Acolad
Date: 8 November 2021
Location: etc venues St Paul’s, 200 Aldersgate, London, EC1A 4HD
London, United Kingdom