Christopher Butcher is a leading silk, with a wide-ranging commercial practice.  Specialisms include insurance and reinsurance, banking and finance, professional negligence, jurisdiction and conflict of laws, arbitration, general commercial litigation, shipping and credit and credit hire disputes.

Christopher Butcher was Chambers and Partners Insurance Silk of the Year in 2008.

His practice is centred on advocacy, but also involves a substantial advisory element.  In recent years he has presented cases in the House of Lords, Privy Council and the Court of Appeal, as well as the High Court.  He is increasingly retained as an appellate advocate.

He has been involved in significant hearings taking place in other jurisdictions, in particular in Bermuda, Singapore and the Cayman Islands.

He regularly appears in arbitrations, and the law of arbitration is one of his particular specialisations.

In addition, Christopher Butcher accepts appointments as arbitrator, including under LCIA Rules.

Christopher Butcher was born in 1962.  He read Modern History at Oxford, gaining First Class Honours in 1983.  He was elected a Prize Fellow of All Souls College, Oxford, in 1983.  He was awarded the Eldon Law Prize by Oxford University in 1987.

He won the Bacon and Atkin Scholarships, Junior and Senior Lord Justice Holker Awards and the Macaskie Prize at Gray’s Inn, and was called to the Bar by Gray’s Inn in 1986.  He became a member of 7 King’s Bench Walk in 1987 and has practised full time at Chambers since then.  He has a Diploma in European Community Law from King’s College London (1998).  He took Silk in 2001.

Christopher Butcher is a Bencher of Gray’s Inn, and a Recorder of the Crown Court.

Publications include contributions on insurance, professional negligence and shipping law.

French and Italian (working knowledge)

• Insurance & Reinsurance
• Banking and Finance
• Professional Negligence
• Arbitration
• Jurisdiction/Conflicts of Laws
• General Commercial Disputes
• Shipping

Both direct insurance and reinsurance disputes form a major component of Christopher Butcher’s practice.

Christopher Butcher was named Chambers and Partners Insurance Silk of the Year in 2008, and was nominated for the same award in 2009.

Christopher Butcher has had extensive involvement in insurance and reinsurance litigation since he was called to the Bar.  He was heavily involved in the litigation concerning the Wellington Agreement; in the disputes between Lloyd’s Names and agents; in disputes arising from the LMX spirals and in relation to film finance; in the Eastern European shipbuilding disputes and in litigation arising from the Exxon Valdez oil spill.

Recently, Christopher Butcher has been and is acting in relation to several claims on Financial Institutions’ and D&O policies.  He is acting in relation to a number of disputes relating to the insurance and reinsurance implications of decisions in the UK and elsewhere as to liability and insurance coverage for diseases such as asbestosis, mesothelioma and silicosis.  He is or has recently been acting in relation to disputes as to political risk, trade disruption, professional indemnity, property damage and business interruption, goods in transit, and war risk insurances.

He is also acting in relation to disputes on the “Bermuda Form”.

In addition he has been extensively involved in disputes relating to the writing and implications of BTE and ATE legal expenses insurance.

Selected cases:

• Melinda Holdings SA v Hellenic Mutual War Risks Association [2011] 2 Lloyd’s Rep 141; [2011] EWHC 181 (Comm) Insurance (war risks); arrest and detention of a vessel by an Egyptian court was not “ordinary judicial process” and was covered by the insurance; sue and labour clause; constructive total loss.
• Islamic Republic of Iran Shipping Line v Steamship Mutual & HM Treasury [2010] EWHC 2661 (Comm) (Oil Pollution; Counter Terrorism Act; Financial Restrictions (Iran) Order; Effect on Club Cover for liabilities under Bunkers Convention; alleged frustration of contract).
• Wasa v Lexington [2010] 1 AC 180; [2008] Lloyd’s Rep IR 510 (ambit of coverage under a reinsurance contract for losses falling under insurance but outside period of cover of reinsurance; US pollution liabilities).
• Temple Legal Protection v QBE Insurance (Europe) Ltd [2009] Lloyd’s Rep IR 544; [2008] Lloyd’s Rep IR 643 (ATE insurance; binding authorities; termination of binding authority).
• Diab v Regent Insurance [2007] 1 WLR 797; [2006] Lloyd’s Rep IR 779 (acted for respondent insurers in Privy Council decision; denial of liability by insurer on ground unconnected with compliance with notification requirements does not relieve insured from complying with such requirements).
• CGU v AstraZeneca Insurance [2006] Lloyd’s Rep IR 409 (reinsurance; proper law; by reference to what substantive law was the reinsured’s liability to the original insured to be determined).
• King v Brandywine Reinsurance Co [2005] 1 Lloyd’s Rep 655; [2004] Lloyd’s Rep IR 554 (whether reinsurances responded to claims in respect of Exxon Valdez losses).
• Centre Re v Curzon Insurance [2005] Lloyd’s Rep IR 303; [2004] Lloyd’s Rep 622 (Asbestos Liability insurance and reinsurnce of T&N; Third Parties (Rights Against Insurers) Act 1930).
• O’Kane v Jones [2005] Lloyd’s Rep IR 174 (marine insurance; insurable interest; double insurance; contribution between insurers; avoidance).
• Quinta Communications SA v Warrington [2000] Lloyd’s Rep IR 81 (loss of profits insurance; Michael Jackson concert cancelled because of Princess Diana’s death; “one show deductible”).
• Structural Polymer Systems v Brown [2000] Lloyd’s Rep IR 64 (professional indemnity insurance; settlement of claim against insured without consent of insurers; whether the liability was covered under the policy).
• Coven SpA v Hong Kong Chinese Insurance Co. [1999] Lloyd’s Rep IR 565 (marine cargo insurance; coverage for all risks; “paper shortage”; was a paper loss recoverable or was physical loss required).
• Denby v English & Scottish Maritime Insurance Co [1998] Lloyd’s Rep IR 343 (reinsurance; aggregate extension clause).
• Hiscox v Outhwaite (No. 3) [1991] 2 Lloyd’s Rep 524 (reinsurance; Wellington Agreement; “follow the settlements” obligations). 

Christopher Butcher has been regularly involved in a range of banking and finance cases.  He has particular experience dealing with swaps and derivatives.  He is involved in advising as to various disputes arising out of the financial crisis.

He has recently been involved in advising as to Credit Default Swaps and as to obligations under the CSA to the ISDA Agreement.

He is also involved in advising as to Directors’ and Officers’ and potential US Securities Act exposures as a result of losses caused by sub prime and related CDO exposures.

In 2009, he was involved in the case of Deutsche Bank v Asia Pacific Broadband Telecom, a claim for some US$200 million on a loan agreement.  The case settled just before trial.

He also acted in relation to a dispute involving the incidence of liabilities as a result of “late trading” and “market timing”of US mutual funds.

Christopher Butcher has also acted in relation to disputes arising from the funding of the Accident Group scheme, including in relation to defences raised under the Consumer Credit Act.

Christopher Butcher was extensively involved in the Barings litigation, which involved a very detailed consideration of the functioning of an investment bank.

He has also been involved in a series of cases (which have settled) involving claims for damages, by way of lost investment income, for late payment of principal sums due.

Selected cases:

• Deutsche Bank v Asia Pacific Broadband [2008] 2 Lloyd’s Rep 619, [2008] 2 Lloyd’s Rep 177 (jurisdictional disputes in relation to claim under a loan agreement).
• Halifax Life v Equitable Life [2007] 1 Lloyd’s Rep 528 (dispute as to payments to be made in relation to liability for unit linked and non profit business).
• Goshawk Dedicated 2 v Governor and Company of the Bank of Scotland [2006] 2 All ER 610 (funding of Accident Group; issues of unenforceability of loans by reason of Consumer Credit Act).
• Barings plc v Coopers & Lybrand [2003] Lloyd’s Rep IR 566 (professional negligence suit against auditors arising from the collapse of Barings)
• Credit Suisse First Boston v MLC [1999] 1 Lloyd’s Rep 767 (jurisdictional disputes arising in relation to claims arising from purchase of Russian bonds).
• Ludgate v Citibank [1998] Lloyd’s Rep IR 221 (dispute as to amount of collateral which could be retained to support letters of credit).
• British & Commonwealth Holdings v Barclays Bank [1996] 1 WLR 1 (claims arising from collapse of British & Commonwealth; whether claims were in respect of failure to redeem shares or financial assistance; effect of scheme of arrangement).

Professional negligence claims and issues form a significant part of Christopher Butcher’s practice, in particular claims involving insurance brokers, solicitors, accountants and Lloyd’s agents.

Recently he has been involved in advising accountants in relation to claims against them in relation to allegedly inadequate auditing of a software producer; and as to claims against accountants from challenges by HMRC to tax arrangements which had been recommended.

Christopher Butcher was extensively involved in the litigation arising from film financing, acting on behalf of insurance brokers, who were alleged to have been at fault.

Christopher Butcher acted for Deloitte & Touche in relation to the claims against them stemming from the collapse of Barings: which led to one of the most extensive considerations of the nature of auditing and the defences available to auditors.

Christopher Butcher acted very extensively for Lloyd’s Members and Managing Agents in the claims brought against them by Names at Lloyd’s.

Selected cases:

• Newline v Morgan Cole [2008] PNLR 21 (claim against solicitors for negligent advice)
• Barings v Coopers & Lybrand (trial) [2003] Lloyd’s Rep 566 (claim against auditors for allegedly negligent audit; causation; contributory negligence; relief from liability).
• Barings v Coopers & Lybrand (No. 1) [2002] 2 BCLC 364 (scope of auditors’ duty).
• HIH Casualty v Chase Manhattan Bank [2001] 1 Lloyd’s Rep 30 (ambit of duty of insurance brokers).
• Henderson v Merrett [1995] 2 AC 145 (claims against Lloyd’s agents; landmark case in relation to duty of care in tort).

A large proportion of Christopher Butcher’s cases are arbitrations, and he regularly appears before a wide range of arbitrators.

In addition, Christopher Butcher has been involved in many of the most important recent cases about the substantive law of arbitration.

Selected cases:

• Fiona Trust v Privalov [2008] 1 Lloyd’s Rep 254 (House of Lords decision on construction of arbitration clauses, on severability of arbitration provisions, and ss. 7 and 9 Arbitration Act).
• CGU v Astrazeneca [2007] 1 Lloyd’s Rep 142 (jurisdiction of Court of Appeal where Judge has refused permission to appeal; s. 69 Arbitration Act; European Convention on Human Rights).
• Vale do Rio Doce v Shanghai Bao Steel Ocean Shipping [2000] 2 Lloyd’s Rep 1 (“Arbitration exception” to jurisdiction Conventions; New York Convention; claim against non party to arbitration agreement; ss. 30 and 32 Arbitration Act).
• Walker v Rowe [2000] 1 Lloyd’s Rep 116 (Power of Court to award post-award interest; s. 66 Arbitration Act).
• Federal Insurance v Transamerica Occidental Life Insurance [1999] 2 Lloyd’s Rep 286 (appointment of substitute arbitrator, s. 16 Arbitration Act).
• Hiscox v Outhwaite [1991] 2 Lloyd’s Rep 1 (House of Lords decision on New York Convention, and seat of arbitration).

Issues as to choice of law and jurisdiction are a facet of very many of Christopher Butcher’s cases, and he regularly advises in relation to them and has appeared in various leading cases on these issues. 

He regularly advises in relation to the effect of the Jurisdiction Regulation.

Selected cases:

• CMA CGM SA v Hyundai Mipo Dockyard [2009] 1 Lloyd’s Rep 213 (whether arbitration tribunal bound by French judgment; Regulation 44/2001 arts. 1, 32, 33).
• Deutsche Bank v Asia Pacific Broadband [2008] 2 Lloyd’s Rep 619; [2008] 2 Lloyd’s Rep 177 (Jurisdiction over claims for restitution and misrepresentation if contract void; Regulation 44/2001 art. 23).
• CGU v Astrazeneca [2006] Lloyd’s Rep IR 409 (conflicts of laws issues in relation to reinsurance).
• Tiernan v The Magen Insurance Co [2000] I L Pr 517 (proper law and jurisdiction in relation to reinsurance contract; Rome Convention).
• Credit Suisse First Boston v MLC [1999] 1 Lloyd’s Rep 767 (Jurisdiction clause in bond purchase agreement; anti suit injunction).
• The Rewia [1991] 2 Lloyd’s Rep 325 (forum conveniens; jurisdiction clause in bill of lading; Brussels Convention).

Many of Christopher Butcher’s cases general commercial agreements and arrangements which do not fall within the categories dealt with above.  He is used to advising upon commercial contracts in many fields.

He recently acted for the Claimants in the Court of Appeal in relation to the dispute as to costs in Motto v Trafigura [2011] EWCA Civ 1150, the case arising from allegations of personal injury arising from the dumping of toxic waste in the Ivory Coast in 2006.

He is extensively involved in cases involving credit hire arrangements, and legal issues arising from the underlying torts.  He has appeared for the successful parties in Bee v Jenson (No. 1) [2007] Lloyd’s Rep IR 451, Bee v Jenson (No. 2) [2008] Lloyd’s Rep IR 221, Copley v Lawn [2009] Lloyd’s Rep IR 496, W v Veolia [2011] EWHC 2020 (QB); Bent v Highways & Utilities [2011] EWCA Civ 1384 and Sayce v TNT (UK) Ltd [2011] EWCA 1583

Christopher Butcher acted for Total in the Court of Appeal in the litigation relating to the Buncefield explosion [2010] 2 Lloyd’s Rep 467.

Christopher Butcher appeared for the successful defendants in a claim for commission on the sale of a hotel: Aboualsaud v Aboukhater [2007] All ER(D) 107.

He appeared in litigation arising from the Hatfield rail crash, HSBC Rail (UK) v Network Rail Infrastructure [2006] 1 WLR 643, and also in arbitration under the railway industry’s Access Disputes Resolution arrangements (www.accessdisputesrail.org).

He is often involved in considering the implications of insolvency, especially in relation to insurance, reinsurance and credit arrangements.  He appeared, for example, in a series of cases arising from the insolvency of T&N: Centre Re v Curzon Insurance [2004] Lloyd’s Rep IR 622, [2005] Lloyd’s Rep IR 303; Freakley v Centre Re [2005] Lloyd’s Rep IR 264; Centre Re v Freakley [2006] 1 WLR 2863.

Going further back, Christopher Butcher appeared for BNFL in its successful defence of claims that exposure of parents to radiation at Sellafield led to leukaemias in offspring: Reay and Hope v BNFL [1994] 5 Med LR 1.

Shipping has been a significant part of Christopher Butcher’s practice since the 1980s.  In particular, in recent years he has acted in a number of disputes concerning shipbuilding projects.  These disputes are generally in arbitration and therefore confidential, but a recent decision in the High Court is CMA CGM v Hyundai Mipo Dockyard [2009] 1 Lloyd’s Rep 213.

The following extracts are taken from recent editions of Chambers & Partners and the Legal 500.

Recommended in : Professional Negligence, Banking and Finance, Insurance and Reinsurance, Commercial Arbitration, Shipping and Commodities and Commercial Dispute Resolution.

• "a daunting opponent”   Chambers UK 2011

• "fantastic intellect” Chambers UK 2011

• "brain on legs” Chambers UK 2011

• Continues to impress with his "intelligence, advocacy and direct approach” Chambers UK 2011

• "He's a serious opponent - when he's on the other side you get into top gear as quickly as possible” Chambers UK 2011

• "an incredibly nice fellow to work with” Chambers UK 2011

• "startlingly brilliant” Chambers UK 2011

• "That much more intelligent than the vast majority of people currently at the Bar” Chambers UK 2011

• "Tremendous gravitas and considerable skill as an advocate” Chambers UK 2011
  

• “brilliantly clever” Legal 500 2010

• “astonishingly intelligent”  Legal 500 2010

• “a man of piercing intellect who lets nothing get past him.” Chambers UK 2010

• Butcher has “an excellent grip of the structure of a case and is never daunted by complexity.”  Chambers UK 2010 

• “extremely good reputation.” Chambers UK 2010
  

• “incisive and no –non-sense.” “totally reliable and gets on with the job in hand.” Chambers UK 2009

• “ability to leave onlookers spellbound” “he just keeps getting better and better” Chambers UK 2009

• “incredibly intelligent and indefatigable”  Chambers UK 2009

• “ranks among the most intelligent counsel when it comes to insurance and reinsurance-related work.” Chambers UK 2009

• According to contributors, Christopher Butcher QC shows “sheer intelligence” and clients are “fortunate” to engage his services.  Chambers UK 2008

• Christopher Butcher QC is “always on top of the papers” and “presents exceptionally well in court.”  Chambers UK 2008

• “Bright in the most practical way, he’s your man if you need a technical issue straightened out.”  One contributor enthused “deserves his reputation for having a planet-sized brain.” Chambers UK 2008

• a contributor comments that “Christopher Butcher QC is one of the first names we call on for insurance work.” Chambers UK 2008

• According to one interviewee “his knowledge of swaps cannot be surpassed.” “Clever and with ‘first rate advocacy’, his bright and intellectually rigorous methodology is widely respected.  His appearance on many of the more important cases reflects … his ability on any matter that requires a good legal brain with a pinch of reality.”  Chambers UK 2008

• “incredibly powerful advocate.”  Legal 500 2008

• “hard-working, a powerful advocate.”  Legal 500 2008
  

• “a jack of all trades and a master of each and every one of them.”  Chambers UK 2006

• “very sound commercial judgment” generally regarded as “an exceptional silk.”  Chambers UK 2006

• the “excellent” Christopher Butcher QC  is a “very robust advocate.” Chambers UK 2006

• “excellent, a user-friendly leader.” Chambers UK 2006

Author (with James Brocklebank) of Chapter on Accountants and Auditors in Professional Negligence and Liability (ed. Simpson).

Chapters on Conflict of Laws and Loss, Causation and Burden of Proof in Insurance Disputes ed. Mance, Goldrein and Merkin

Management Fault, Causation and Scope of Duty in Auditors’ Negligence Cases (2004) 20 PN 248.

Good Faith in Insurance Law: A Redundant Concept?  [2008] JBL 375

Auditors Parliament and the Courts (2008) 24 PN 66.