Chambers & Partners 2010
Chambers & Partners ranked Wilberforce Chambers as a leading set for:
- Chancery : Commercial
- Chancery : Traditional
- Charities
- Commercial Dispute Resolution
- Company
- Fraud: Civil
- Intellectual Property
- Pensions
- Professional Negligence
- Real Estate Litigation
Individually ranked for:
Set Overview
Wilberforce Chambers dominates the traditional chancery field and further has an excellent and ever-growing reputation in commercial circles. Seen by many as the Bar's equivalent of Coutts in the banking world, it caters to a private client base of some distinctions, and to a host of leading commercial names. It has a fantastic grounding in pensions, trusts, probate and tax, and a strong reputation in real estate litigation. Its "quick, incisive and efficient" barristers are also said to be appearing more frequently in professional negligence matters. The set is blessed in having individuals with "huge depth of experience and brilliant minds," as well as first-class clerks who "deliver what they promise."
Wilberforce is by no means the cheapest set going, but the general feeling among clients is that, given the quality on board, it has "surprisingly reasonable fees." Its key players include the "superbly clever and analytical" Christopher Nugee QC, who excels in all of the set's major areas and is known as someone who is "not afraid to get down to business." Others of note include chambers head Jules Sher QC, who caters to a highly prestigious client base, and Brian Green QC, who is hailed by many as "the perfect chancery silk."
Leading Set: Chancery Commercial
Leading Silks: Christopher Nugee QC, Ian Croxford QC, Terence Mowschenson QC, Jules Sher QC, Lawrence Cohen QC, John Wardell QC, James Ayliffe QC, Thomas Lowe QC.
Juniors: Edward Sawyer, Clare Stanley
Wilberforce Chambers' eminence in the traditional chancery sphere further extends to the commercial chancery sector. It is "stacked full of top-notch barristers," who offer "quick, incisive and efficient advice" with regard to some major pieces of litigation. One of the group's undoubted stars is the hugely respected Christopher Nugee QC. He maintains a broad practice which combines both traditional and commercial chancery work, as well as pure contractual disputes and property disputes. He is "extremely bright, pleasant and down to earth," say client sources, who are particularly impressed by "his obviously huge intellect and willingness to get his hands dirty."
Ian Croxford QC has a "tremendous court presence," as attested to by clients and opponents alike. He is "a fluent speaker who puts across the points both incredibly succinctly and persuasively."
Terence Mowschenson QC is primarily noted for his expertise across banking, finance and company law issues, both in the UK and in international jurisdictions. He is much in demand as is head of chambers Jules Sher QC. Sher is "a simply charming advocate" who is a huge figure in the sector praised for his industrious approach and personability.
Lawrence Cohen QC is noted for his specialist cross-border work, with sources commenting on his expertise in significant and complex international cases. Possessed of "an excellent attention to detail," he is further noted for his "animated and passionate advocacy."
James Ayliffe QC took silk in early 2008, and his commercial chancery practice has grown steadily since. Market sources note his ability in company, banking, property, commercial trusts and professional negligence cases. Another of the set's newer silks is Thomas Lowe QC, who handles significant commercial chancery litigation, particularly offshore disputes.
John Wardell QC recently acted for the only active defendant in a complex commercial fraud arising out of the collapse of a company listed on AIM. Clients and peers alike regard him as highly skilled in the handling of complex commercial cases.
Also recommended, Edward Sawyer is active across contentious trusts, partnership, financial services, company law and breach of fiduciary duty cases.
Clare Stanley is widely recommended for her expertise in complex commercial fraud cases, and has appeared in such signal cases as Attorney General of Zambia v Meer Care & Desai. Solicitors like her as she is "not afraid to give difficult advice" and has "an enormous capacity for remembering the detail in voluminous bundles."
Leading Set: Chancery Traditional
Star individual: Brian Green QC.
Leading Silks: Robert Ham QC, Christopher Nugee QC, Michael Furness QC, Jules Sher QC, John Martin QC.
Leading Juniors: Judith Bryant, Emily Campbell, John Child, Daniel Hochberg, Mark Studer.
Up-and-coming individuals: Jonathan Hilliard, Andrew Mold.
Wilberforce Chambers has a long-standing reputation as one of the market leaders for traditional chancery work. Such is its standing that commentators acknowledge: "For traditional chancery work, it is hard to look beyond Wilberforce Chambers." Its success stems from the fact that it has a depth of high-calibre practitioners that its competitors are unable to match. Within its ranks lie some brilliant individual barristers but observers are quick to point out that there is quality to be found across the set as a whole. Add to this high-quality clerks and a reputation for reasonable billing and you have a success story of some note.
One of the stars housed here is Brian Green QC, who is perhaps best regarded for his specialisms in pensions and private client work. Beyond this, however, he maintains a broad practice covering a range of contentious and non-contentious chancery work. Sources marvel at his "tremendous technical competence," and "great good sense." He is also noted for the fact that he "cuts through the rubbish and can definitely see the wood for the trees."
Robert Ham QC maintains a strong practice in trusts and tax-related work. He draws particular praise from clients and instructing solicitors for his "cool judgement and clear thinking in pressurised situations."
His colleague Christopher Nugee QC draws similar praise for his unflappability. Interviewees praised his "clear thinking, intellectual prowess and superior advocacy skills." He is especially well regarded for his expertise in contentious trust litigation.
Michael Furness QC also maintains a predominantly trust-related caseload, handling a blend of commercial and private trust work. A lawyer who is happy handling all aspects of traditional chancery work, he is perhaps most celebrated for his expert knowledge of tax issues and regularly acts for HMRC.
Jules Sher QC is also admired for the diversity of his practice. He is the head of Wilberforce Chambers, and he is noted for the fact that he has "top-drawer analytical skills, proving as effective on paper as he is in court." Sher is an immensely experienced practitioner as is John Martin QC, whose core strength remains complex breach of trust cases. He recently worked on a dispute over the will of Mark Birley of Annabel's fame.
Judith Bryant is also highly regarded for her expertise in dealing with trusts, as well as wills, estate planning and charities. She is excellent and "always plays a pivotal role in the outcome of any case."
Emily Campbell's broad practice encompasses trusts, tax law and pensions work. Sources note that she "has exceptional intellectual ability" and displays "a remorseless dedication to the matter in hand."
Fellow junior John Child is regarded by his peers as "one of the best drafters at the Bar." His litigation skills are also praised, and his practice covers the full range of trusts and property advice. Daniel Hochberg's similarly broad practice takes in a range of both contentious and non-contentious private client work. He is "well versed in all aspects of chancery work, proving particularly good on difficult trusts."
Mark Studer does his best work on trust, inheritance and private client disputes generally. Complex drafting is a particular forte of his.
Jonathan Hilliard is part of the set's new generation of bright juniors. He works extensively with Brian Green QC, most notably on offshore trust matters, and is "more than capable of dealing with anything that's thrown at him." Andrew Mold is similarly regarded as a star in the making, and is capable of advising on a broad range of trust-based fiduciary matters.
Leading Set: Charities
Leading Silks: Michael Furness QC, Edward Nugee QC
Edward Nugee QC is an eminent name at the Chancery Bar whose wide-ranging practice encompasses a substantial amount of charities work. He has built up a wealth of expertise over the course of his distinguished career and attracts praise for his dexterity in trust law. He advises a number of religious organisations, including The Church Commissioners for England, and has also represented the Oxford Centre of Islamic Studies.
The set is also home to the illustrious Michael Furness QC, who is heralded as a "wonderfully talented, all-round" Chancery practitioner. On the charities front, his practice encompasses both domestic and international work. He has been appearing for the Attorney General of the Cayman Islands in litigation over a trust in which a charity had an interest.
Commercial Dispute Resolution
Leading Silks: Ian Croxford QC, Terence Mowschenson QC, John Wardell QC, Lawrence Cohen QC.
A regular presence on the commercial dispute resolution scene, this chancery set offers barristers who are "no strangers to big-ticket cases." Leading the way, Ian Croxford QC is "a big personality who is bright and a genuine team player." He is regularly against silks from all the major commercial sets and secures enviable cases such as Attorney General of Zambia v Meer Care & Desai & Others, and Hammonds v Danilunas.
Terence Mowschenson QC gets his fair share of decent cases too and is an expert on banking, finance and company law. He appeared in Barclays Bank v Manx Electricity Authority. "Dogged and determined to put forward the best possible case," John Wardell QC appeared in Langbar International v Rybak, where he displayed his trademark "good judgement and strategic awareness." He is recommended along with international cross-border specialist Lawrence Cohen QC.
Company
Leading Silks: Terence Mowschenson QC, Lawrence Cohen QC.
Making its first appearance in the company rankings this year, Wilberforce Chambers is acknowledged as "pushing hard and coming into its own in company law."
Barristers here are all imbued with a good work ethic and provide top-notch levels of service. They include Terence Mowschenson QC, who "is wonderful to work with and has an encyclopaedic knowledge of the law." He has a strong UK and offshore practice, and is known for being "versatile, likeable and user-friendly." His recent cases include Sea Containers against GE Capital.
Lawrence Cohen QC is similarly highly regarded by his peers. His workload of late has included acting for the Austrian bank BAWAG and advising in the Montrow v Likouala case. A "tactical silk who takes the initiative and is prepared to probe new ground," he "has a first-class legal mind and is somebody you definitely want on your side," according to those who instruct him.
Leading Set: Fraud (Civil)
Leading Silks: Lawrence Cohen QC, Ian Croxford QC, John Wardell QC.
Juniors: Edward Sawyer.
One of the prime movers in the Chancery/Commercial Bar, Wilberforce Chambers has the necessary clout to handle substantial fraud cases. It benefits from an "exceptionally well-run clerks room, which never fails to deliver," and fields barristers who are undaunted by anything put before them.
Commentators identify Ian Croxford QC as a "forceful and robust litigator, who doesn't back down without a fight." He is "persuasive and punchy on his feet and great at handling judges," an approach that proved invaluable when he acted in the highly complicated fraud case brought by the government of Zambia against its former president.
Equally lauded, Lawrence Cohen QC is a highly pragmatic and client-focused advocate, who "always seems to emerge from the maze of a case many strides ahead of his adversaries." He has a focus on cross-border fraud work stemming from insolvencies, and has recently acted for a large Austrian bank on the defence of claims brought by the liquidators of a Cayman hedge fund.
John Wardell QC is a "down-to-earth and understated lawyer, who just gets on with the task at hand." He is involved in the ‘hazelnut case', in which he acts for the Bank of Toyko-Mitsubishi UFJ on a fraud claim relating to a loan facility it had granted to hazelnut exporters.
Wardell also led the "ferociously bright and hard-working" Edward Sawyer in the recently settled Langbar case, involving the collapse of an AIM-listed company. A preferred junior for complex fraud matters, he was also involved in the long-running Cayman Islands trusts litigation case of Re Jahre, which finally settled in late 2008.
Leading Set: Intellectual Property
Leading Silks: Michael Bloch QC
Leading Juniors: Anna Carboni, Alan Bryson.
This set is recommended "from front of house, through to clerking and beyond," thanks to its "experienced and commercially astute" clerks, who are "willing to go the extra distance in order to meet high client expectations." Although not specialised in IP, its profile is growing in this field, and the set has a strong focus on brands, designs and copyright.
An IP practitioner who is also experienced in commercial disputes, Michael Bloch QC is commended for his "ingenious mind" and "commercial and imaginative approach." In particular, his devastating cross-examination skills were remarked upon by observers, one of whom commented: "It's a masterclass - you sit and watch him crucify witnesses in the most polite way." He heads the set's IP group and although his practice is not focused 100% on IP matters, his standing in the field is such that he appears in some of the most high-profile cases. An example is his work in Lucasfilm v Ainsworth, a US and UK copyright, trade mark and contractual dispute relating to the merchandising of helmets and armour used in 'Star Wars'.
Former Linklaters solicitor Anna Carboni has a wealth of experience gained from her time there and accordingly punches well above her weight for someone of her call. Clients find her opinions "robust, well informed, and based on a sound and clear analysis of the issues." She is particularly experienced in trade mark and design law, and is an Appointed Person to hear trade mark appeals. Recently, she represented Lloyd's of London and its licensee of the Lloyd's name for publishing, Informa, in a dispute with a company calling itself Lloyds Publishing Group. The judge granted summary judgment in favour of the claimants, in relation to trade mark infringement and passing off.
Another former solicitor, Alan Bryson is admired as "a strong brief writer" and a provider of "strong strategic argument - he puts forward the case without overreaching himself." The ex-Clifford Chance employee is active in trade mark, copyright, design and database matters, and is particularly well regarded for unconventional trade marks and copyright/design protection for 3D and industrial articles. He has spent much of his time this year on the Lucasfilm v Ainsworth case.
Leading Set: Pensions
Star Individuals: Brian Green QC
Leading Silks: Michael Furness QC, Christopher Nugee QC, Michael Tennet QC, Robert Ham QC.
New Silks: Paul Newman QC.
Leading Juniors: Jonathan Evans, Emily Campbell, Jonathan Hilliard.
Up-and-coming individuals: Andrew Mold.
Wilberforce Chambers' standing in the pensions market is unrivalled, due to the presence of a "stellar range of barristers at all levels" and efficient clerks who keep instructing solicitors up to date at all times. The quality of service offered here is such that commentators feel "you get value for money at a set that has a stranglehold on the top end of the market." Among the set's stars is Brian Green QC, who is considered by many to be "the best all-round pensions silk" and "a cut above his peers." Possessed of both a client-friendly approach and outstanding advocacy skills, he is both "a charmer in chambers" and "a real bruiser in court." Commentators praise his intelligence, dedication and meticulous approach, describing him as "a complete perfectionist." Green represented the Port of London in the massive Pilots National Pension Fund action and was also involved in the Sea Containers cases.
Another standout silk is the "immensely clever" Christopher Nugee QC, whose broad-ranging legal knowledge goes beyond specialist pensions and trust issues. Amongst his greatest strengths are his "pragmatic and practical approach and ability to present complex issues in a simple way." Clients are also impressed by his "seemingly effortless style and highly approachable manner," in addition to his "clear, concise written opinions and excellent conference skills."
Michael Furness QC is "an extremely accomplished all-rounder - impressive on his feet and charming with clients." He combines "a sound grasp of detail with a practical approach," and is singled out by both clients and instructing solicitors for his solid Chancery background and swift response times.
Despite only having been in silk since 2006, Michael Tennet QC has already established himself as one of the top pensions lawyers. Sources say that "he always makes himself available to advise, sometimes at short notice," and offers "detailed, practical and strategic legal advice in a user-friendly, commercial and unstuffy manner." A "strong pensions silk in all departments," he is "personable and passionate in court."
Also noted as one of the leading Chancery silks, Robert Ham QC is "extremely commercial, excelling where complex trust law issues are involved." He is widely regarded as "extremely approachable and responsive to urgent situations." His "unflappable style and 100% dedication to his cases" play particularly well with solicitors. Ham has recently been joined in silk by Paul Newman QC, an "incredible talent" and a "bold lateral thinker who is popular with clients due to his confident views." Peers predict that he will "rapidly make a name for himself" as lead counsel.
Emily Campbell has a "first-rate grasp of the intricacies of trusts and pensions law." Observers are impressed by her outstanding intellect and technical ability, describing her as "a junior on the rise who has a clear and incisive intellect - she is ideal when really complex legal problems need to be analysed and worked through."
Another who is on the up and up, Jonathan Evans is "one of the best juniors at the Pensions Bar." He has a "can-do attitude and combines expert judgement with commercial savvy, something that really inspires the trust and confidence of his clients." Armed with an excellent knowledge of all aspects of pensions law, he is "approachable and responsive," delivering clear advice and bringing "an intelligent and pragmatic approach" to the table.
Jonathan Hilliard's star is very much in the ascendancy. He is regarded by his contemporaries as "mature beyond his years - he has the skills of someone much more senior and is therefore great value for money." In addition to his exceptional intelligence, he is admired for being "polite rather than patronising." Hilliard is able to hold his own against his peers, with one commentator remarking how he "came up against him at a hearing and was bowled over." Hilliard worked on a huge case involving Foster Wheeler and was also involved in the Sea Containers case. New to the rankings, Andrew Mold is noted as "a first-class junior, who produces superb work."
Leading Set: Professional Negligence
Leading Silks: Ian Croxford QC, Jonathan Seitler QC, John Wardell QC, Thomas Lowe QC, Christopher Nugee QC.
New Silks: Paul Newman QC
As befits one of the big Chancery beasts, Wilberforce Chambers does get its share of professional negligence cases, particularly on the property and pensions side. Its members include Ian Croxford QC, who "has a wonderful air about him from the second he walks into the courtroom." "A man with tremendous advocacy skills," he handles claims involving solicitors, accountants, stockbrokers and management consultants.
Much the same can be said about John Wardell QC, a "jolly good advocate and someone you can always get along with." His recent work includes acting for two barristers who are appealing against a claim alleging failure to advise on a possible cause of action against former solicitors.
Jonathan Seitler QC is known as "a man you can do business with." His ability to "communicate his opinion on the law in an understandable and manageable way to the client" proves invaluable to those who instruct him. He particularly excels in handling property-related negligence claims, such as the case of Bookham Technology v Bovis Homes, Morgan Cole, a £13 million claim against a housebuilder and solicitors.
Christopher Nugee QC is a "stunningly good" barrister who, although his main focus is on pensions work, is an established name in professional negligence circles. He defended the actuaries in Life Sciences v HSBC, a professional negligence claim relating to the equalisation of retirement ages.
Nugee has been joined in silk by Paul Newman QC. "Downright marvellous," Newman handles an impressive number of negligence claims involving pension funds. He also acted on Life Sciences International Ltd v HSBC, representing the scheme employer and trustees. Other work included acting for Stagecoach Group in a dispute with Addleshaw Goddard regarding advice given on the pension scheme liabilities of a target company.
Finally here, Thomas Lowe QC is particularly noted for his handling of claims involving solicitors. He further handles a substantial amount of work involving financial professionals, including service providers of hedge funds and other finance vehicles.
Leading Set: Real Estate Litigation
Leading Silks: Jonathan Seitler QC, Michael Barnes QC, Jonathan Karas QC, Christopher Nugee QC, James Ayliffe QC, John Furber QC.
Leading Juniors: Joanne Wicks, Martin Hutchings, Jonathan Evans, Gabriel Fadipe, Julian Greenhill, Tiffany Scott.
The set is well liked for its "approachable and responsive staff whether they be barristers or clerks." Jonathan Seitler QC is "the jewel in the crown for the set. He exhibits incredible creativity and superb client communication skills," according to market sources. He was involved in the widely reported Legal & General v Metrovacesa dispute.
Another towering presence at the set is Christopher Nugee QC, whose practice takes in a variety of chancery and real estate disputes. He acted in the case of Chartbrook v Persimmon Homes, concerning disputed development contract. "He is bright, able and shows great mastery of the law," sources say.
Michael Barnes QC is a "heavyweight rent review practitioner." He acted on Union Railways v Kent County Council, a matter concerning compensation relating to a compulsory purchase.
Jonathan Karas QC, meanwhile, is highly esteemed for his work, especially on leasehold enfranchisement and restrictive covenants. Sources deem him "a good leader, a strong all-rounder and a combative advocate." He acted for the claimant in the right-to-light matter Romulus Investments v London Underground.
James Ayliffe QC enjoys a rising profile as he is "easy-going and good to work with." Ayliffe excels in general chancery disputes and real estate insolvency, and recently acted in Halifax v Curry Popeck, which involved priority of equitable charges against land.
Completing the clutch of fine silks here is John Furber QC. He was active in Cardiff County Council v Western Power Distribution Investments, a dispute over the demolition of a building. He is "a recognised expert in pure real estate work," and is also a published author on the subject.
Joanne Wicks impresses sources with her "concise and clear opinions; she often commits to work beyond the call of duty." Work over the past year for her includes the multimillion-pound development dispute of Exemplar v UBS.
Colleague Martin Hutchings acted in Dennis v Davis, a dispute concerning a restrictive covenant and the definition of nuisance. Sources speak of his "fine judgement and aggressive style." The "unassuming yet clever" Jonathan Evans acted in the Land Securities v Fladgate Fielder case, a dispute over abuse of process, while Gabriel Fadipe acted in Maro Developments v White, concerning the liability of a former director of a property company.
Also recommended, Julian Greenhill continues to act in the long-running Chartbrook v Persimmon Homes dispute, which was appealed up to the House of Lords. Interviewees agree that "he shows great promise and his effective advocacy style deserves special mention."
Finally, Tiffany Scott was a junior in Thornhill v SITA MR, a dispute concerning nuisance. Sources emphasise her fine cross-examination skills and say "her style is effective as she is ruthless, yet never over the top, when exposing the limitations of her opponent's case."
International Arbitration: General Commercial & Insurance
Leading Silk: Terence Mowschenson QC
Sport
Leading Silk: David Phillips QC
David Phillips QC of Wilberforce Chambers is well regarded for his commercial litigation practice and he has carved a niche for himself in the sports sector. He is particularly active in football, and has been recently acting for Leeds United FC in the 15-point deduction imposed by The Football League.
Financial Services
Leading Silk: James Ayliffe QC
James Ayliffe QC of Wilberforce Chambers. Ayliffe was commended for his "careful, thoughtful approach and analysis of complex issues" when dealing with the Norwich Union Reattribution. This was an FSA-supervised negotiation between Norwich Union and its hundreds of thousands of with-profits policyholders regarding 'ownership' of Norwich Union's £6 billion inherited estate. In this matter he advised the policyholder advocate.
Travel
Leading Silk: John Wardell QC
The "incredibly incisive and versatile" John Wardell QC of Wilberforce Chambers earns respect for his "immense industry knowledge, gold-standard paperwork and first-class, creative advice." Premium clients such as Kuoni, Thomas Cook and TUI flock to him and he recently advised the On Holiday Group on its liability to Turkish hoteliers over payments made to an agent who went into liquidation.
