CEDR Accreditation: CEDR Panel Admission: CEDR Asia Pacific Practice Group: 1998 2000 2013 Languages: Location: English Hong Kong SAR By concentrating on the benefits of a commercial Patrick Sherrington settlement, Patrick side swept problems. Client Feedback Overview Patrick Sherrington has conducted close to 100 mediations in recent years related to disputes covering a wide range of fields, many of which have related to very high value claims with cross border elements. Mediations related to banking & finance disputes are a regular feature of Patrick s work but he is also highly regarded for his skills mediating disputes related to construction & engineering, product liability, property and professional negligence. Patrick has vast experience of international disputes having worked in the Far East for 10-years and the United States for 5-years with the result that he understands the cultural nuances which are often factors in the negotiation process. Professional Background Patrick has been a partner at the international law firm Hogan Lovells since 1985 and he has worked in the firm's London, Hong Kong and New York offices over the years. Before moving to the firms Hong Kong office in 2013 Patrick was the Head of the Litigation, Arbitration and Employment Practice based in London. He has extensive experience of all forms of injunctions and pre-emptive remedies and much of his work has an international dimension with the result that he has considerable experience of jurisdictional issues and conflicts of laws. Patrick s work as a lawyer covers complex financial disputes, contractual and joint venture claims, partnership and shareholder disputes, banking including in particular fraud and asset tracing, insurance claims, energy, product liability and professional negligence. He is recognised as a leader in the field of commercial litigation in Chambers & Partners Guide to the Legal Profession and in the Legal 500. 1
Expertise Banking & Finance Commercial Contracts Construction & Engineering Corporate Fraud Energy & Natural Resources Partnership & Shareholder Professional Negligence Property Sale of Goods & Services Dispute Experience (Non-Neutral work in italics) Banking & Finance Alleged breach of insurance and environmental warranties contained in a Share Purchase Agreement. Post completion warranty claims in a sale and purchase agreement relating to true and fair accounts. Interpretation of a contract for financial consultancy services in the energy sector including entitlement to share options. The defence of a group of publicly listed companies subject to investigation by the Financial Secretary in Hong Kong. The liquidation of Investors Overseas Services involving proceedings in Canada, the United States and the Bahamas. The liquidation of Banque Commercial involving proceedings in the Cayman Islands, Israel and Switzerland. Commercial Contracts Misrepresentation and breach of warranty claims generally. Contractual interpretation in various commercial contract situations. Distributorship agreement disputes. Three day mediation between numerous claimants and a defendant dealing with disputes over several million pounds in costs incurred during a major litigation. 2
Acting for an international hotel company in Singapore over a disputed management contract. Construction & Engineering Damages claim for storm damage for allegedly defective roof structure. Effect of a binding verbal agreement as part of a contract for the sale and supply of cranes. Corporate Fraud: The Crown Trust fraud involving proceedings in Canada and the Cayman Islands. Energy & Natural Resources Extensive proceedings by an electricity supplier for breach of confidence following an explosion at a power station involving proceedings in multiple jurisdictions. Acting for a multinational energy company in an arbitration over alleged defects in an oil rig of the coast of Africa. Dispute regarding the environmental warranties on the sale of an oil refinery. Partnership & Shareholder Dispute between two solicitors as to entitlement to partnership property and the extent of the interest of one of the parties in the firm. Shareholder dispute arising from family property investments following death of one brother involving various issues in relation to accounting, quasi partnership status and allegations of breach of trust, etc. Dispute relating to transactions within a partnership and potential claims for breach of contract and/or negligence. Offshore disputes in relation to breach of trust between business partners. Shareholder disputes in various industries. Shareholder and partnership disputes in a variety of industries and jurisdictions. Professional Negligence Various claims against solicitors for negligent legal advice to corporate clients. 3
Alleged negligent advice resulting in an important point of law not being pleaded. Professional negligence and breach of duty claims in relation to legal advice sought in respect of various agreements drawn up in connection with the demerger and sale of a restaurant chain. Alleged negligence in connection with the failure of a financial institution to implement amendments to a pension scheme to bring it into line with European law. The defence of a number of high profile cases for leading firms of solicitors in both England and Hong Kong. Property: The defence of the Hong Kong Government in the longest running civil trial ever in Hong Kong which related to the compulsory purchase of land and the valuation of a steel business. Sale of Goods & Services Dispute over right to terminate a distributorship agreement including examination of parties' conduct and impact of EU law changes. Dispute about fitness for purpose of machinery supplied by a manufacturer and attendant measure of damages. Dispute over oral terms of contract for employment/provision of services particularly in relation to notice provision and bonus entitlement. Dispute arising from a repudiatory breach of contract in relation to the supply of vending machines. Dispute over the entitlement to terminate a retainer for non-payment of fees. Dispute in relation to a contract for the supply of goods. A dispute arose when a specialist retail group withheld payment of invoices for the supply of goods by a distributor. The retail group alleged that the goods had latent defects which had resulted in additional repair costs and a potential claim by a third party due to a fire allegedly caused by the product. Commission due under a sales agency agreement. Product liability defence work for major multinationals in numerous jurisdictions around the world involving a range of products and issues including tobacco, food and beverages, motor vehicles, construction and engineering processes. 4
Personal Style Patrick is patient, builds trust between the parties and is focused on solutions. As an experienced legal practitioner as well as a mediator he understands the pressures on the parties and their advisors and can adapt his style to suit the occasion moving from the purely facilitative to more evaluative techniques as required. Feedback - Clients He worked very hard to dig them out of entrenched positions. Both parties are talking properly for the first time. You always knew there was a lot more to come He was prepared to listen and discuss. He did a very good job to bring parties together who were poles apart. He has the patience of a saint. Patrick is an excellent mediator, the best I have ever seen. A firm but fair facilitator. Patrick managed to be respectful, calm and also very firm at the same time. He dealt with a potentially very difficult mediation superbly. He was personable and gave everyone a chance to articulate their issues. Approachable and impartial Very personable and easy to trust. A very good advertisement for mediation. Professional Skills In addition to England, Patrick is admitted as a lawyer in Hong Kong and Australia and has extensive experience of litigation in the United States and Europe. Patrick has a High Court advocacy licence and, as well as his appearances in Hong Kong and England, has appeared before the ECJ in Luxembourg. Patrick is a Fellow of the Chartered Institute of Arbitrators, a CEDR board member and a member of the Remuneration and Audit Committee, CPR Panel of Distinguished Neutrals. He is former Vice President of the Law Society of Hong Kong and Officer of the Inter-Pacific Bar Association and former Chairman of the Pacific Rim Advisory Council (a network of 32 major law firms with significant business interests in the Asia Pacific region). 5
Patrick is the author of Civil Litigation published by Longman in Hong Kong (Second Edition 1996) as well as a chapter on Disclosure of Dealings in the Hong Kong Practitioners Guide on the Code on Take-overs and Mergers and Share Repurchases published by the International Securities Institute Limited in 1994 and a chapter on Insolvency Law in Trade and Investment in Hong Kong published by Butterworths in 1993. He has lectured widely on legal issues. 6