James Brocklebank

Date of Birth: 1976
Date of Call: 1999
Languages: French; Spanish (working knowledge); Japanese (conversational)

General Information
M.A. (History) Cantab. 1st Class. Thornton and Foundation Scholar

Queen Mother Scholar; Astbury Scholar (Middle Temple)

Senior Scarman Scholar (for highest result in Bar Vocational Course);
Bar Council Certificate of Honour

Practice
James Brocklebank is a specialist in commercial law and commercial litigation. He has particular expertise in the fields of insurance and reinsurance and professional negligence (the latter often in connection with the financial services sector). His areas of practice also cover all other core elements of commercial litigation, including conflicts of laws, general contractual and tortious disputes, and international trade. He has extensive experience of large-scale litigation, both in court proceedings and in arbitration.  

James’ work on insurance-related litigation encompasses involvement in significant international arbitration (including experience of disputes under the Bermuda form) and a variety of proceedings in the commercial court. Important cases in which he has been involved concerning issues of professional negligence include in particular the auditors’ negligence actions arising out of the collapse of Barings bank and the more recent claim brought against Ernst & Young by Equitable Life. In both cases, the team of which he was a part successfully defeated very substantial claims for damages (more than £1 billion and more than £2 billion, respectively). James’ experience in both professional negligence and insurance extends to representing professionals in tribunals and arbitration, including disciplinary actions against auditors and Lloyd’s Scheme arbitrations.

Selected Cases
AIC Ltd. v. ITS Testing Services (UK) Ltd. (The Kriti Palm) [2007] 1 Lloyd's Rep 555 (deceit; deliberate concealment; limitation; the duties of international inspectors and the status of their certificates)  

HSBC Rail (UK) Ltd. v. Network Rail Infrastructure Ltd. (formerly Railtrack Plc.) [2006] 1 WLR 643 (claim for damage to property by owners without possession)  

Equitable Life v. Ernst & Young (2002 F 339) (audit negligence; life assurance and actuarial management; causation; scope of duty – trial commenced April 2005; settled September 2005)  

Tonicstar Ltd. v. American Home Assurance Co. [2005] 1 Lloyd’s Rep IR 32 (anti-suit injunctions; anti-anti-suit injunctions; arbitration agreement and forum dispute)  

BP v National Union and others [2004] EWHC 1131 (insurance; contractual construction; summary judgment)  

Barings v. Coopers & Lybrand  [2003] Lloyd’s Rep IR 566 (audit negligence; derivatives and banking; causation; scope of duty; contributory negligence; relief under section 727 Companies Act 1985)

Barings v. Coopers & Lybrand  [2002] 2 BCLC 410 (counterclaim in deceit; principles of causation in deceit claims)

Barings v. Coopers & Lybrand  [2002] 2 BCLC 364 (reflective loss principles; scope of duty in claims for negligent misstatement)

Barings v. Coopers & Lybrand [2001] Lloyd’s Rep PN 379 (admissibility of expert evidence).

Publications
James is co-author of the chapter on Accountants and Auditors in Professional Negligence and Liability (ed. M.Simpson)