Adam Ibrahim, UK co-head of litigation and arbitration at DLA Piper, was last month named Private Practice Lawyer of the Year at the Legal Business Awards, following a standout year in which he led a large DLA team to victory in a complex mass claimant action over break fees on loans to small businesses, dubbed “the biggest banking case out there” by top-tier silk Bankim Thanki KC.
This March, Mr Justice Zacaroli handed down a 185-page judgment in the case, Farol v Clydesdale Bank and National Australia Bank, comprehensively dismissing all claims against both banks, as well as allegations of deceit against 15 current and former employees of the banks, including four senior executives.
Here, Adam talks to LB’s Anna Huntley about what it was like to be involved in such a huge and long-running case, the rise of class actions, his approach to leadership and management, and what it was like to win the Lawyer of the Year award.
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Over the past 30 years, an increased focus on class actions has become a key trend, and while I’ve been involved with class action cases since the 1990s, the introduction of litigation funding and after-the-event insurance has transformed the most important claims into massive undertakings.
However, unfortunately in my experience some claims management companies and third-party funders sometimes seem more focused on their own profits than their clients’ interests, which can make effective management of the claims, and reaching a fair commercial settlement, much more difficult.
The trial in Farol v Clydesdale Bank & National Australia Bank lasted three months in the High Court – the longest trial I have ever been involved in. It was a challenging case, but a very enjoyable one. We were confident from day one that our client was in a very strong position. I was very fortunate to have so many phenomenal lawyers working with me on the case – I wish we’d also won the Commercial Litigation Team Of The Year Award, because of the incredible work of the 25+ people involved in the case across the UK [the team included lawyers from eight of DLA’s offices, including Leeds, London, Edinburgh and Sydney].
Whilst the team evolved slightly over time, the core team pretty much stayed together from day one, and it was great to have a number of them sat with me at the Legal Business Awards. I must also add that our counsel team – Fountain Court’s Bankim Thanki KC and Ian Wilson KC & Richard Hanke of 3VB- were also fantastic – as were Clydesdale Bank’s in-house legal team who demonstrated total commitment.
One major lesson I learnt during the case is how the way all solicitors must manage disclosure has shifted over time. In the past, I may have received a small pile of documents on my desk to look through; now, it’s a massive tech-driven exercise. Many from my generation may perhaps be less tech-savvy, so bringing in an experienced e-data team early was crucial to ensure all aspects of the data was protected, while handling the process properly and keeping costs proportionate.
Sometimes there is a perception that we act for the ‘dark side’, representing big corporations against small consumers; however, that isn’t a fair reflection. In our recent work for Uber, we helped create an online compensation scheme that ensured drivers obtained free independent support from ACAS, as well as receiving the full amount of compensation paid to them by Uber, without the very substantial deduction applied by claims management companies and their funders. I find that more than ever, banks genuinely want to do right by their customers, despite public and media perceptions.
When it comes to leadership, honesty and integrity are essential in everything we say and do. Leadership is about rewarding and recognising the team when things go well, and taking personal responsibility when they don’t. Indeed, in the rare cases when mistakes happen, it’s not about being overly critical but understanding why they occurred, establish how to prevent it re-occurring, and sharing what can be learned, so that everyone becomes a better lawyer.
Taking care of your people comes first, then equally important – looking after your clients. Since I joined the firm, we’ve taken on increasingly complex work, largely due to our genuine commitment to truly understanding our clients’ businesses. Our clients tell me that our edge over many Magic Circle firms is our level of partner engagement on cases, resulting in more regular strategic input, coupled with our personal touch which helps us build real connections – not in a PR-driven way, but through genuine interest in those lawyers that work for our clients.
Litigator Hugh Evans, who spent 35 years at DLA Piper, was my boss when I arrived at the firm nearly 30 years ago. Sadly, he recently retired, but his enthusiasm for the law and getting the right result for our clients was incredible – you could feel his passion for the job in everything he did. Furthermore, he was a solicitor of the absolute highest integrity who was a role model for us all. I suspect he stayed on slightly longer than planned just to ensure I had all the support I needed during this trial, not for his own recognition, but out of genuine care. Knowing someone cares that much is such a huge boost.
The banking world today is completely different from when I started in the early 1990s, which is great, but does require the law to evolve to protect customers. This is especially the case with new and exciting financial products such as crypto currencies. The increase in cybercrime is a big concern – as I fear we can all be caught out by sophisticated scammers.
One worry is that there is a trend of placing the burden solely on the banks: taking away any personal responsibility from the customer. We work with our banking clients to make sure their systems are cutting-edge in identifying and preventing fraud, but it’s important that in appropriate cases sophisticated bank customers should also share some responsibility to protect themselves. As part of the increased activity in class actions, ESG is becoming a major issue for all major PLCs, including in the financial services sector.
Moving forward, my role is to continue to be strategically involved in major cases while also coaching and mentoring the next generation of partners. When I first applied to the firm, it was a small, two-office Yorkshire operation; now every week I am working with someone in an office far away. In recent weeks, I’ve met up with our Hong Kong head, spent time planning with a New York partner, and had an introduction with a new recruit into our New Zealand team. In the world of banking, and within DLA Piper, there’s so much happening.
When I won the Private Practice Lawyer of the Year award, I was in shock. Litigators rarely get top billing. There I was – having gone from a state comprehensive school in Sheffield where expectations were so low that I was told I had no prospects of even going to university – to be suddenly on stage with all those high-powered partners from the big City firms applauding – it was incredible.
But really, it’s all about the team. They deserve huge credit, and I feel so lucky to accept the award for them. Hugging the team afterward and seeing them so happy was fantastic – a huge emotional release. Truly amazing.
