Christopher Knowles Call Date: 2011

Size: px

Start display at page:

Download "Christopher Knowles Call Date: 2011"

Brent Chandler
5 years ago
Views:

1 LONDON & SINGAPORE Christopher Knowles Call Date: 2011 Christopher has a broad commercial and civil practice in line with Chambers profile, specialising in: Banking & Finance Commercial Dispute Resolution Civil Fraud Conflict of Laws and Jurisdiction Professional Negligence Insurance Aviation Christopher has experience of high-value commercial disputes. Examples include: Acting (with David Railton QC and others) for RBS in the RBS Rights Issue Litigation. Acting (with Richard Handyside QC and T amara Oppenheimer) for Nomura in Nomura International plc v Banca Monte Dei Paschi Di Siena SPA, a 3.5bn dispute between Nomura and Italy s third largest bank. Acting (with Brian Doctor QC) for a Paraguayan pension fund in proceedings relating to a USD$40m fraud. Christopher is also comfortable appearing as sole counsel, and frequently appears for prominent UK and international clients. His work often has an international element. For example, Christopher recently acted (with Alexander Milner) for the English subsidiary of a Russian company seeking to enforce an ICC arbitration award, made in Paris. Proceedings relating to the award are ongoing in France and the Seychelles, as well as England. AREAS O F EXPERT ISE Banking & finance Commercial dispute resolution Fraud: civil Jurisdiction & conflicts of law Professional negligence Insurance and reinsurance

2 Aviation REC ENT PRAC T IC E Banking and Finance Christopher acted (with David Railton QC) for RBS in the multi-billion pound litigation arising from its 12bn rights issue in April Acting (with Richard Handyside QC and T amara Oppenheimer) for Nomura in Nomura International plc v Banca Monte Dei Paschi Di Siena SPA, a high-value dispute raising issues relating to accounting for complex transactions, alleged wrongful accounting, illegality, and the attribution of knowledge to a company. T he proceedings settled before trial. Acting (with Nicholas Medcroft) for a bank in proceedings raising issues relating to the extent to which a paying bank is liable for payments made by a third party using a customer s credentials, and the scope and application of the Payment Services Regulations. Appearing as sole counsel for a bank in a 5-day trial in High Court, in proceedings raising issues relating to agency, unjust enrichment, and trusts. T he proceedings settled shortly after opening speeches. Christopher has a great deal of experience in relation to mis-selling claims, including interest rate swap mis-selling claims. He has defended a number of the UK s largest banks (both as sole counsel, and with Andrew Mitchell QC and John T aylor QC) against claims by hoteliers, care home operators, and property developers alleging breach of contract, negligence, misrepresentation and breach of the COB / COBS rules. Commercial Litigation and Arbitration Acting (with Alexander Milner) for an engineering concern in proceedings in which it seeks to enforce a large ICC arbitration award against a Seychellois company. T he proceedings raised issues relating to the grounds on which a court can order a party to give security for an arbitration award, the arbitrator s substantive jurisdiction, whether the defendant had a sufficient opportunity to present its case, and enforcement of the award. Advising a clothing manufacturer on obtaining interim relief from the courts or from an arbitrator in relation to a contract containing a clause providing for arbitration under ICC rules. Acting (with Marcus Smith QC, and later Derrick Dale QC) for a leading manufacturer of packaging in a claim for breach of contract arising out of a failure to provide packaging to a client after a fire destroyed the manufacturer s factory. T he claim raised issues relating to the interpretation and application of force majeure clauses. T he proceedings settled shortly before trial. Appearing (with Simon Browne-Wilkinson QC) in Travel World Vacations Ltd (t/a Olympic Holidays) v Monarch Airlines Ltd, a claim by a tour operator against an airline, in which it was alleged that the airline overcharged the tour operator for almost a decade. T he claim turned on issues relating to the interpretation of seasonal contracts, and restitution of sums paid by mistake, or for consideration which has failed. T he proceedings settled shortly after trial. Acting as sole counsel in the High Court for a broker in a claim against a client arising from the client s failure to settle bond transactions. T he claim raised issues relating to set-off (and the parties ability to exclude it via contract), and the allocation of bonds procured in response to a customer s order. T he broker obtained summary judgment on its claim and the client s counterclaim. Civil Fraud Acting (with Brian Doctor QC) for a Paraguayan company in proceedings against individuals said to be responsible for a $40m fraud against it. T he claimant obtained freezing and search orders against the defendants, the latter in a novel form.

3 Christopher has experience of disputes arising out of cybercrime and cyberfraud. He has: Acted for a charity in a dispute concerning whether it was entitled to an indemnity under a computer fraud provision in an insurance policy, after it was the victim of fraud carried out via e- mail. Assisted Raymond Cox QC in advising a Singaporean financial institution in relation to claims for breach of mandate and negligence, arising out of a fraud carried out via . Acted for a bank in proceedings brought by a customer after a third party obtained the customer s login details through a keylogger, and used them to make a series of payments out of the customer s account. Advised a company on obtaining disclosure of the identity of account holders from paying and receiving banks in circumstances where payments which were meant to be to the company were instead made to third parties, who then dispersed the monies they received, as a result of fraud carried out via . Christopher successfully defended a merchant payment services provider at trial against a claim alleging that funds which should have been remitted to the claimant were not, and where the merchant payment services provider refused to remit the funds as it suspected they were being transferred as part of a 1.3m mandate fraud. At trial, the defendant was able to secure a finding that the attempted payment was in fact part of the proceeds of a 1.3m fraud, and that a director of the claimant was involved in that fraud. Conflict of Laws and Jurisdiction Acting (with Stuart Ritchie QC) for a Russian individual claimant in proceedings against another Russian individual, seeking remuneration due under a contract for services, and declaratory relief in relation to a number of other agreements. T his included acting for the claimant in an application to serve proceedings out of the jurisdiction, raising issues concerning the applicable law, the necessary or proper party gateway for granting permission to serve out of the jurisdiction, and when a substantial risk of injustice in another forum may lead to England being the proper forum. Acting (With Richard Coleman QC) for a T anzanian company which sought to challenge the existence and exercise of the Commercial Court s jurisdiction over claims brought against it in England by a bank situated in Hong Kong, following proceedings in New York and T anzania. Christopher also appeared as sole counsel in the Court of Appeal, in an interim hearing relating to these proceedings. (With Derrick Dale QC) advising a Portuguese Company on jurisdiction and choice of law issues in relation to a potential claim under the Commercial Agents (Council Directive) Regulation. Advising a Maltese company on the enforceability of judgments obtained in the Maltese Courts in England under the Brussels Regulation. Advising a travel agent on jurisdiction over potential claims for deceit and economic torts under the Brussels Regulation. Professional Negligence Acting (with Derrick Dale QC) for a large number of purchasers of off-plan properties in proceedings against the solicitors who acted for them in relation to the purchases. T he aggregate value of the claims is over 10m, and the proceedings raise issues relating to (among other things) the duties of a purchaser s solicitors in such transactions, and causation. Acting (with Patricia Robertson QC) for one of the successful defendants in Ridgewood Properties Group Ltd v Kilpatrick Stockton LLP [2014] EWHC 2502 (Ch), a large dispute between a firm of solicitors and their former clients, raising issues relating to advice on repudiatory breach, affirmation, advice from counsel, and causation. T he Claimants discontinued their claim after the largest part of it was struck out as an abuse of process. Acting (with James Cutress) for a leading firm of financial advisers in two sets of proceedings against former consultants, raising a range of issues relating to the COB rules, the provision of financial

4 Insurance advice, and the recovery of sums paid out to settle claims. Defending a prominent UK bank against allegations that it negligently advised a wealthy client to invest in certain hedge funds. T he claim also raises issues relating to the extent to which a bank owes duties to its customer at common law when calculating any offer of redress made to the customer. Advising a firm of solicitors on whether reliance on counsel s advice gave them a defence to a claim based on the allegedly negligent conduct and settlement of litigation. Aviation Acting (with Michael Crane QC and James Cutress) for a reinsurer in a $20m arbitration brought against it by a construction company s captive insurer. T he proceedings raise issues under the law of New York relating to the extent to which a reinsurer is bound to follow settlements, aggregation of claims, the extent to which faulty workmanship and defective construction work counts as an accident or property damage, and the incorporation, scope, and applicability of exclusions. Advising (with Stuart Ritchie QC) an individual on coverage issues relating to two D & O policies, including issues relating to obligations to assist an insurer, the advancement of defence costs, and the grounds on which an insurer can deny coverage, arising against the background of civil and criminal proceedings being brought against the individual by their former employer. Advising Lloyd s underwriters on the proper interpretation of an aggregation clause, and its application to a number of claims brought against valuers. Advising a group of claimants in a professional negligence claim on the application of the aggregation provisions in the Solicitors Minimum T erms. Advising a firm of financial advisers on issues relating to the recovery of damages by an insured, and an insurer s rights of subrogation and entitlement to sums which were recovered. Acting for an aircraft lessor in proceedings seeking the return of an aircraft, said to have been wrongfully seized by a third party while in the lessee s possession. T he proceedings raise issues relating to who has a beneficial interest in the aircraft, and who has control of it. Acting for a lessee under a series of aircraft leases in a dispute concerning two passenger aircraft. Assisting Akhil Shah QC in advising one of the world s largest airlines in relation to a dispute concerning online ticketing authorities and cross-border selling. Assisting Akhil Shah QC in advising on the creation of security rights over aircraft. EDUC AT IO N BCL, St. Catherine s College, University of Oxford (Distinction) BA (Law), St. Catherine s College, University of Oxford (First Class) PRIZES AND SC HO LARSHIPS Kennedy Scholar (Lincoln s Inn, 2010) Hardwicke Scholar (Lincoln s Inn, 2010) Falcon Chambers Prize for the best performance in Land Law (University of Oxford, 2009) Highest mark in the year in Personal Property in FHS Examinations (University of Oxford, 2009) College Prize for Performance in BCL Examinations (St. Catherine s College, University of Oxford, 2010) College Prize for Performance in FHS Examinations (St. Catherine s College, University of Oxford,

5 2009) Exhibition Award for Performance in Moderations (St. Catherine s College, University of Oxford, 2006, renewed in 2007/8, 2008/9 for sustained academic performance) PUBLIC AT IO NS Haugesund Kommune, Narvik Kommune v Depfa ACS Bank, Wikborg Rein (Case Comment), Journal of International Banking Law and Regulation, 2011, 26(5), Failure to Estop: Rationalising Proprietary Estoppel Using Failure of Basis, Conveyancer and Property Lawyer, 2011, 3, (with Mischa Balen). What s Special About Land? The Relationship Between Promissory and Proprietary Estoppel, King s Law Journal, 2013, 24(1), (with Mischa Balen). O T HER EXPERIENC E Former T emporary Lecturer in Land Law, T rinity College, University of Oxford. Christopher delivered tutorials covering foundational concepts in Land Law, licenses, and trusts of the family home (2011) Christopher has acted as a research assistant to a number of academics and practitioners: Christopher was involved in the production of The Law of Security and Title Based Financing (OUP, 2012) as research assistant to Louise Gullifer, Harris Manchester College, University of Oxford. He provided assistance with regard to chapters concerning security rights in general, possessory and non-possessory security rights, priorities, and the enforcement of security rights, along with other matters (2011). As research assistant to Professor Ben McFarlane, he provided research assistance in relation to Proprietary Estoppel (OUP, 2014) and promissory estoppel in a commercial context ( ). He also assisted in producing the first supplement to the 32 nd edition of leading textbook Snell s Equity. Christopher acted as a research assistant to one of the authors of Foreign Currency: Claims, Judgments and Damages, M. N Howard QC, John Knott and John Kimbell (Informa, 2016) ( ). He provided research assistance on restitution, trusts, private international law and interest on foreign currency debts. Christopher is a contributor to the Civil Procedure Reports. LO NDO N Fountain Court Chambers Fountain Court, T emple London EC4Y 9DH chambers@ fountaincourt.co.uk T el: +44 (0 ) Fax: +44 (0 ) DX: 5 LDE SING APO RE 10 Collyer Quay Ocean Financial Centre #40-38 Sing apore T el:

Max Kasriel Call Date: 2015

LONDON & SINGAPORE Max Kasriel Call Date: 2015 Max is developing a broad commercial and civil practice in line with Chambers profile. He is equally happy working as junior counsel as part of a team, or