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what the directories say

CHAMBERS & PARTNERS

BANKING AND FINANCE

2008 - ” Solicitors expressed the view that it is not always easy to instruct Christopher Butcher QC of 7 King's Bench Walk, such is his popularity. Those who are fortunate enough to engage his services, however, will obtain a barrister whose “sheer intelligence makes him well worth the wait.”

2007 - Christopher Butcher QC from 7 King's Bench Walk specialises in commercial law but displays proficiency in a host of other areas including banking. Peers commended him for his "clever approach" in drawing on his expertise in other areas to provide a rounded picture to proceedings.

COMMERCIAL LITIGATION

2008 - The “first-class performers” at 7KBW have branched out from the shipping work for which they are renowned into high-value insurance and general commercial disputes. These include international investment-related proceedings and claims arising from the energy sector. According to peers, Jonathan Gaisman QC is “just startling” - one impassioned observer went as far as proclaiming him “the finest advocate in the commercial sphere.” Combining “unbelievable intelligence” with “tremendous court craft,” he is famed for “demolishing witnesses in cross-examination.” The “extremely clever” Christopher Butcher QC focuses on insurance/reinsurance, shipping, professional negligence and banking disputes, including arbitration. “Always on top of the papers,” he “presents exceptionally well” in court. Gavin Kealey QC is highly regarded by interviewees, who find him “easy to work with” and knowledgeable in the arena of commercial insurance claims. Instructing solicitors acclaim Rebecca Sabben Clare as “extremely good.” She is, they report, “technically superb” in complex insurance and shipping-related litigation. “Brilliant junior” James Brocklebank came to the attention of the marketplace following his performance in Equitable Life. Sources take his appointment to this mammoth case as a sure sign that “he can produce the goods.” Although his expertise covers all areas of commercial law, he receives most praise for his profound knowledge of professional negligence issues.

2007 - Christopher Butcher QC is, in the estimation of his peers, "a very clever chap who will undoubtedly go to the top." His intelligence is the subject of numerous marketplace panegyrics and he has had plenty of opportunity to demonstrate why in cases ranging from acting for the Bank of Scotland in a dispute against insurers arising from the Accident Group Scheme and representing reinsurers in litigation stemming from the grounding of the Exxon Valdez. "Doughty fighter" Jonathan Gaisman QC has attracted attention in recent years as a result of his assured performance on behalf of Ernst & Young in the Equitable Life litigation: "If I had an audit negligence claim, he’d be at the top of my list for choice of counsel." Gavin Kealey QC is a competent and esteemed performer in commercial litigation emanating from contractual disputes, sports law, shipping and oil and gas issues. He has represented Sun Life Financial of Canada in a two-month High Court trial and EDF Energy in its employment contract dispute with a former chief executive. Taking silk this year, David Edwards QC directs his attentions toward the commercial elements of insurance and reinsurance, banking, shipping and international trade claims.

ENERGY & NATURAL RESOURCES

2008 - An “exceptional performer and a delight to be against,” commercial barrister and arbitrator David Allen at 7 King’s Bench Walk is recognised for his technical flair and deep experience in the domestic and international upstream oil and gas and maritime spheres. Sources describe him as “straightforward, down to earth and sensible.”A master of international marine insurance, Timothy Brenton QC of 7 King’s Bench Walk has developed a broad commercial disputes practice that includes energy, offshore exploration and construction matters. Known for his technical prowess, he is considered a “serious details man and an effective cross-examiner of experts.” His colleague in chambers, “brilliant” Alistair Schaff QC, is “superb on drilling contract issues and energy-related insurance claims in foreign jurisdictions.” An “all-rounder,” he applies considerable shipping and insurance expertise to oil and gas-related litigation and also sits as a commercial arbitrator. Recent highlights include an ICC arbitration concerning an oilfield contractual dispute with a Middle East state and an LCIA arbitration relating to South American political risk insurance. “Easy to work with and responsive,” Dominic Kendrick QC earns commendation as an advocate in commercial trials and arbitrations. He has made his mark as an insurance expert in the marine and energy fields, distinguishing himself in disputes involving offshore facilities.

2007 - Invariably lauded for his offshore construction and exploration matters, Timothy Brenton QC of 7 King’s Bench Walk maintains a healthy practice in this area and is, according to peers, truly deserving of the mantle of an expert. "He has one of those brains that understands how everything works - often more so than the witness he is cross-examining." His colleague Alistair Schaff QC brings his significant commercial and international experience to the table and also sits as a commercial arbitrator.

INSURANCE

2008 - Still seen as “the only real specialist insurance set,” 7 King’s Bench Walk continues to stay ahead of generalist peers thanks to its “tremendous depth of knowledge, which it uses very effectively.” Through the recent slump in market disputes, the set has claimed a disproportionate share of major matters largely due to the fact that “the quality of its members is just so high.” One solicitor particularly applauded the set’s juniors, who “all meet a very high standard while retaining distinct working styles.” With the elevation of Julian Flaux QC to the Bench, Gavin Kealey QC is comfortably the set’s best-known name in insurance disputes. He has recently been involved in a dispute between accountants Kidsons (now part of Baker Tilly) and their insurers over coverage of negligence claims concerning tax avoidance schemes. Christopher Butcher QC “deserves his reputation for having a planet-sized brain.” “Bright in the most practical way, he’s your man if you need a technical issue straightened out.” A “tower of intellectual strength,” Jonathan Gaisman QC “calls it right from the first moment.” “A sharp, devastating arguer,” he “says exactly what he thinks, but never steps in without mastering the detail.” Alistair Schaff QC won plaudits from peers and solicitors alike for his “understated but highly effective style.” He has recently been acting in Wasa v Lexington, an influential reinsurance dispute concerning the duty of reinsurers to follow settlements between cedents and policyholders. This “thorough and hard-working” silk “gets straight to the point,” but also “knows how to charm an arbitration panel.” Dominic Kendrick QC similarly boasts a “quietly spoken but extremely convincing” style. He is noted by clients for “working well with solicitors and really getting excited about cases.” “His approachability is his key asset,” one solicitor concurred. David Edwards QC is considered by many observers to be “the star performer of those made silk in 2006.” He scored a victory over stablemate Christopher Butcher when the House of Lords overturned the Court of Appeal’s previous ruling in a dispute between reinsurers and Edwards’ client, the administrators of Federal-Mogul and its subsidiary Turner & Newall. “A very smooth operator” with “impressive instincts,” he “manages to simplify even the most Byzantine of cases.” “Tenacious” Adam Fenton QC remains “deeply immersed in insurance matters,” while “quiet but effective” all-rounder Stephen Hofmeyr QC proves particularly effective on reinsurance matters. “A real insurance specialist,” S J Phillips is also a “polished performer." Rebecca Sabben-Clare won praise for her “charming, tremendously poised advocacy.” “Nothing seems to faze her,” noted one peer. The “very able” Siobán Healy recently supported Alistair Schaff on Wasa v Lexington. She shares a set with Jawdat Khurshid, who provides “forceful written work” that “leaves opponents expecting a storm.” “Calmer and smoother on his feet,” he’s “fluent and persuasive” and subsequently “well liked” by leading silks, including his stablemate Kealey. “A star in the making,” the “brilliant” shipping junior Richard Waller has expanded into insurance recently. “A talented advocate,” he “creates mischief in his clients’ interest.” Although young, the “alarmingly bright” James Brocklebank already boasts experience in major disputes after work on the Equitable Life and Barings disputes. Although “he can handle anything you throw at him,” he is “increasingly focused and well versed in insurance.” “Thorough and meticulous,” he’ll “work closely with associates to make sure top-quality advice is given.” The "extremely bright and thorough" Andrew Wales has provided support on several key cases for the set over the past year.

2007 - Considered by market sources to be, "if not the best, then certainly one of the best," he is praised for his "lack of airs and graces" and, although "unbelievably busy," is noted for "committing 100%" to matters before him. "Technically brilliant" and "ferociously clever," Gavin Kealey QC maintained his dominance in the market by leading the first, and most significant, Pender action. A "flamboyant, often unpredictable performer," he’s seen as the ideal choice "when you need a real personality." Christopher Butcher QC has also widened his practice beyond insurance, and is considered by many to be "out in front in many areas of the law." Nevertheless, he remains highly active in the insurance arena and is noted as "a canny advocate." Jonathan Gaisman QC celebrated this year after helping Ernst & Young see off Equitable Life’s £2.6 billion negligence claim. "Spectacularly clever" and "a magnificent advocate," he’s "wildly aggressive" in court, leading some solicitors to label him arrogant; however, they admit he can "cross-examine the hell out of someone." Adam Fenton QC is primarily active in the secretive world of reinsurance arbitrations, and is called upon by many of the foremost solicitors. "Very user-friendly," he boasts "an urbane approach that goes down well with judges." Dominic Kendrick QC has been active primarily outside the insurance area in the last year but continues to be a big name in insurance and, in particular, reinsurance arbitrations. "Rigorous" and "thorough," he "really understands reinsurance." Alistair Schaff QC is seen by observers as a leading silk in the making. "Extremely bright," he "works hard" and "likes to win;" he is particularly noted for his expertise in pre-trial preparation, a crucial skill in a market where fewer and fewer cases get to court. Newly appointed silk David Edwards QC is blessed with "a fantastic brain;" he "can cut quickly through matters that take others hours." A "polished advocate," he "can make the implausible sound plausible." New silk Robert Bright QC attracted attention this year for his work on the Pender case. Although Rebecca Sabben-Clare is not the most senior of the set’s juniors, she’s seen by the market in "an awful lot of litigation." "Determined," she provides "sound advice" and "does a hell of a job on her feet." SJ Phillips focuses on international insurance disputes and is an expert on Bermuda matters. "Practical and approachable," he is praised for "bringing modern working practices to the insurance Bar." Siobán Healy has also attracted attention for her roles in key litigation and arbitrations, including the film finance litigation. "Thoughtful and able," she’s "effective on her feet" despite, or perhaps because of, her "gentle manner."

INTERNATIONAL ARBITRATION

2008 - Although best known for its prowess in the insurance, shipping and commodities fields, the barristers at this set have a wide experience of all major arbitral rules and institutions. The “unbelievably talented and clinical” Alistair Schaff QC has most experience in the areas of international reinsurance and shipping: “He is able to singlehandedly break a case, never panics and deals remarkably well with the unexpected.” Interviewees inform us that this “thoroughly modern, client-oriented” barrister is “a fantastic cross-examiner, who is able to build an argument pebble by pebble until witnesses face a stone wall.” Head of chambers Gavin Kealey QC has recently been heavily involved with several large-scale insurance disputes, including one involving a D&O policy for a major oil company. Stephen Hofmeyr QC on the other hand, has of late worked on a substantial political risk arbitration. Commentators laud his “wide practice and skilful advocacy,” as well as his “insightful perspective that means he sees things others may miss.” The “cerebral” Dominic Kendrick QC has covered disputes relating to such events as the fall of Yugoslavia, the invasion of Kuwait and the Exxon Valdez disaster. He is joined in the rankings by Richard Waller, who received particularly complimentary feedback from clients and peers in relation to his written work.

2007 - Shipping, insurance and commodities sectors are where this set is felt to perform best. Members appear regularly before various arbitral tribunals, in procedures ranging from ad hoc to those under LMAA or ICC rules. Among its numerous skilled practitioners, Timothy Brenton QC stands out, particularly for his work in the shipping sector. Gavin Kealey QC continues to be recommended by peers, and Dominic Kendrick QC is another "used and approved" practitioner, not to mention being among the busiest commercial silks. Interviewees praise Alistair Schaff QC as an "exceedingly bright, effective advocate," especially for shipping, insurance and reinsurance matters.

PROFESSIONAL NEGLIGENCE

2008 - According to commentators, this set has “pretty much sewn up the market for insurance-related professional negligence work.” Christopher Butcher QC is “one of the first names we call on for insurance work,” according to instructing solicitors. Jonathan Gaisman QC has acted in cases involving many of the Big Four accounting firms. “Assured and always up to date on the law,” he is “a must for accountancy cases.“ “Thorough and with a very good grasp of detail,” Siobán Healy is singled out for her ”real depth of insight into the insurance industry.” Her skills are brought to bear in cases such as Wasa v Lexington.

2007 - City lawyers find this personable set to be "interactive and user-friendly." As one put it: "We can discuss everything with lawyers who understand what it is to be part of a team." The set is particularly strong on negligence issues arising out of commercial disputes, as well as brokers' negligence and Lloyd's market policy issues. Christopher Butcher QC is "extremely able" and "a real star" on insurance coverage matters, while Jonathan Gaisman QC is "simply a first-class advocate." Gaisman recently acted for Ernst & Young in the defence of an audit negligence claim brought against it by Equitable Life. Top-quality junior Siobán Healy continues to win recognition for her brokers' defence work.

SHIPPING & COMMODITIES

2008 - The much-lauded, market leading insurance work of this set can tend to overshadow its shipping and commodities portfolio in the eyes of certain observers. Nevertheless, both its dry and wet work in this area continue to receive appropriate recognition among interviewees, who commend its counsel for the more complex marine insurance policy cases they undertake. Of these counsel, Timothy Brenton QC’s much-respected profile among peers and the court continues to be bolstered by comments from satisfied instructing solicitors and third parties. His “lovely, light touch and extremely persuasive advocacy” has shifted from traditional admiralty pursuits to more dry and commercial work, especially larger marine-related insurance matters. Interviewees say he provides “commercial crossover expertise, a strong knowledge of his material and a preference for forceful and determined cross-examination of experts.” Although his popularity means that he may sometimes be unavailable, his user-friendly approach, appropriately aggressive manner and “ability to quite often make a silk purse out of a sow’s ear” ensures that he is always in demand. He appeared on the aforementioned Front Comor case. Alistair Schaff QC’s “great advocacy” and ease of use make him popular in shipping and connected insurance and reinsurance matters. He acted on several Court of Appeal and House of Lords cases in 2007, including considering whether a clause in an option agreement relating to the construction of two vessels, containing a clause that provided that the builder was to bring forward the delivery dates if possible, would survive the exercise of the option and the coming into force of the shipbuilding contracts. Robert Bright QC applies his “sound commercial judgement” on large maritime and reinsurance arbitrations. Solicitors said they find him “extremely user-friendly, reliable, effective and robust.” He acted on the ChevronTexaco case, determining issues relating to an oil-trade sale and purchase contract and the construction of the seller's standard terms. Christopher Butcher QC specialises in maritime cases as part of his wider, commercial practice. 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, as one interviewee summarised, his “ability on anything that requires a good legal brain with a pinch of reality.” He represented reinsurers in a dispute originating from the grounding of the Exxon Valdez. Stephen Hofmeyr QC is adept at more complicated commercial disputes, including those in the maritime sector. One third party described him as “grounded and thorough - I can’t imagine he is ever thrown by anything.” Others applauded his “persuasive and confident manner” in handling tribunals and cross-examining witnesses. Jonathan Gaisman QC appears on banking and insurance cases, as well as those concerned with professional negligence and shipping. One recent opponent conceded that he was “superbly analytical.” He worked on the Kriti Palm case, raising issues of the duties of international inspectors and the status of their certificates. Finally among the silks, Richard Southern QC is applauded for his “ability to take something impossibly complicated and make good sense of it in short time.” He is proof of the fact that, although the set recently lost Sir Julian Flaux to the Bench, it continues to house some exceptionally fine leaders. Supporting them are juniors of the calibre of Charles Priday. He handles commercial maritime, sale of goods, commodities and international trade instructions. Popularly described as “one of the best of the bunch,” his “affable and easy-going demeanour” is said to mask an “exceptionally sharp mind” which “can master all of the evidence quickly.” He was led on Datec v UPS, determining the effectiveness of clauses prohibiting the shipment of certain types of goods and the circumstances in which the Court of Appeal can overturn the trial judge's findings of fact. Viewed variously as a “punchy,” “robust” and “assertive” counsel, David Allen is admired for his fight and capability in court when it comes to dry shipping and charter party disputes. One commentator summarised his appeal: “Pugnacious and sound, he behaves properly in the tribunal - he is fair in not seeking to argue bad points but never compromises his integrity or that of his client’s case.” His shipping, commodities and insurance assistance runs in parallel with abilities in product liability, construction and professional negligence. Consequently, he is a sound choice for commercial cases that incorporate construction and engineering concerns, such as those relating to oilrigs and other offshore structures. He appeared on the Golden Victory decision, determining whether or not a war clause in a charter party served to cap damages. A “bright lawyer” with a commendable knowledge of commodities, Siobán Healy acts on insurance and maritime arbitrations and mediations, as well as appearing as an arbitrator in several reinsurance and international trade disputes. Also recommended is Richard Waller, an “extremely bright, hard-working and resilient” commercial law counsel.

2007 - 7 King’s Bench Walk is another prominent set boasting "some very talented and serious practitioners." All members have extensive shipping experience relating to financing, building, sale and purchase, and other transaction-based disputes. In addition, there is wide commodities knowledge and much arbitration work. This is unsurprising, as international trade underpins the work of all the set’s members. Another big area of focus is marine and non-marine insurance and reinsurance work. "Outstanding" Alistair Schaff QC specialises in international commercial law in general. He is an "extremely pleasant opponent," but also "fights hard" and impresses through "the clarity of his arguments and his absolutely first-class analytical skills." Now acting on a wide variety of commercial matters, Timothy Brenton QC has his roots in shipping law and, thus, a wide experience of all aspects of shipping and ship-related work, including quite extensive wet experience. This "impressive silk" is "very commercial, fights his corner for his clients and is particularly fine on detailed cases where he can employ his fantastically logical mind." "Highly reputed" Jonathan Gaisman QC is brilliant all round and instructing him "is like having a team of barristers rolled into one." In addition to his flourishing commercial and banking practice (he recently defended Ernst & Young in the claim brought against it by Equitable Life), he also boasts expertise on shipping and insurance/reinsurance matters. Commentators agree that Christopher Butcher QC is "incredibly sharp," with one source even describing him as "the cleverest barrister." Apart from shipping and international trade, he also embarks upon insurance and reinsurance matters, as well as large commercial and banking cases. Stephen Hofmeyr QC "fights his corner very hard" and "has an impressive compulsion for detail." His practice spans shipping and aviation matters, as well as insurance and commercial work. Over the past year, he acted in relation to several insurance matters and appeared in hyssen Canada Ltd v Mariana Maritime SA, where he successfully resisted an arbitration application to reopen an arbitration award previously obtained for the owners of the vessel. New silk Richard Southern QC entertains a commercial practice that takes in shipping, international trade and marine insurance. This "very able and intelligent" practitioner has been heavily involved in the Metro litigation of late. He is just one of three members of the set who made it to silk. Also appointed was Stephen Kenny QC, a "very clever and able" practitioner who "plays everything by the book." He is experienced in a wide array of commercial law and has a particular focus on general shipping work, carriage of goods and international trade matters. The other deserving candidate was Robert Bright QC, a "very able and hard-working" character who is "a real delight to work with." He is experienced with respect to general commercial disputes and lays a particular emphasis on international matters. Senior junior Charles Priday is a "very able practitioner and very pleasant to work with." His practice spans all aspects of commercial law with a particular focus on shipping and international trade. Ex-solicitor Siobán Healy "is well regarded and has a good practice" that encompasses shipping, commodities, international carriage of goods, as well as insurance and general commercial work. "She runs her cases very resiliently" and has been acting for insurers in the long-running Metro litigation. She also appeared in a number of commodity and shipping arbitrations over the past year. Richard Waller is "a star" and impresses by being "extremely clever, practical and user-friendly." He specialises in all areas of commercial litigation, but has a particular focus on shipping and, in particular, insurance and reinsurance work. Last year he appeared in The Charlotte C case.