Practice overview

Gilead is ranked as a leading silk in various categories of The Legal 500 and Chambers & Partners. He is also featured in Legal Week’s Private Client Global Elite and the CityWealth LeadersList “Top 10 Trust Litigation Barristers” list. He has been described in Who’s Who Legal as “one of the top silks in our research this year”, and is one of silks in the “Most Highly Regarded” category.

Gilead’s practice has a strong international element. He has appeared in the courts of Hong Kong, the BVI, Bermuda, Cayman and Nevis, and has been involved in litigation in Jersey, Guernsey and Gibraltar. He provided expert advice in relation to the Panama Papers in Imran Khan’s action against Nawaz Sharif in the Pakistan Supreme Court which led to Sharif being removed as prime minister.

Gilead specialises in complex, high-value disputes, often involving allegations of fraud, breaches of trust and fiduciary duties, and professional negligence. He also has “a notable specialism in matters involving art and antiquities” (Chambers & Partners).

Before coming to the Bar, Gilead enjoyed a brief career in publishing, editing books on photography, popular science and astronomy. He also spent a couple of years teaching in pre-revolutionary Iran. After completing his pupillage, he worked in the Litigation Department of Freshfields before taking up a tenancy at 7 New Square. He joined Wilberforce Chambers in December 2015.

Trusts, probate and estates: contentious

Trusts and estates litigation, both in the UK and offshore, has formed the mainstay of Gilead’s practice since he took Silk in 2006. He specialises in contentious trial work. Gilead has also been involved in numerous Cultural Property cases, including disputes falling within the jurisdiction of the Spoliation Panel. He is ranked in Tier 1 in The Legal 500, where he is described as “a tenacious litigator with a quite brilliant turn of phrase.”

Gilead has appeared in a number of high-value, high-profile cases in recent years, involving claims against trustees, executors, company directors and partners for breaches of fiduciary duty and civil fraud. His practice has a strong international element, and has appeared in the courts of Hong Kong, the BVI, Bermuda, Cayman and Nevis. He has also advised in litigation in Jersey, Guernsey and Gibraltar, and provided an Expert Determination in a claim against a firm of solicitors for negligent drafting of Instruments of Appointment and Retirement of Trustees of three Isle of Man trusts.

In Zhao Long v Endushantum Investments Co Ltd, Gilead acted in an action in the BVI for the trustees in a dispute over the beneficial ownership of a major shareholding in a Chinese pharmaceuticals company.

Kea v Watson concerned an attempt by a UK judgment creditor to freeze assets held in a discretionary Jersey trust of which Eric Watson was one of the objects. Gilead advised a group of other potential beneficiaries, who successfully intervened in the action and blocked the judgment creditor’s claim.

In Jones v Firkin-Flood, Gilead acted for the beneficiaries of a will trust in removing trustees and blocking their resolution to distribute the fund in unequal shares between the family members. The trust had been set up by the beneficiaries’ father, “Dougie”, who was reputed to have been a member of Manchester’s notorious “Quality Street Gang”. Money (the source of which was obscure) had been used to set up accounts in Liechtenstein, and large sums had been invested in a hotel and country club. It was alleged that funds had been diverted to set up a casino business, from which two of the three children were excluded. The case raised issues of dishonesty as well as breaches of fiduciary duties under both company law and trust law.

In Khan v Gany Holdings, the settlor had been a successful businessman who had made his fortune in Pakistan, Malaysia and Hong Kong. He had been highly secretive, and had established a number of opaque corporate and trust structures around the world to hold and manage the family wealth. After his death, his younger son had taken control of the family businesses, to the exclusion of his sister and her family. There were allegations that one of the trustees (a BVI company controlled by the son) had acted dishonestly and had misappropriated assets that rightfully belonged to the estate. Gilead represented the sister and her family at the trial before the Eastern Caribbean Supreme Court in the BVI.

C v D concerned a Bermuda Trust set up using funds from a Swiss foundation. One branch of the family alleged that the entire trust (which had been in existence for several decades) had been created fraudulently, in violation of Swiss law, and was void ab initio.

Gilead also acted for the successful Defendants in Slutsker v Haron, a claim by high profile Russian former politician, Vladimir Slutsker. Mr Slutsker had challenged the transfer of a valuable London property into UK company, whose shares were held by a Cayman settlement. Mr Slutsker and asserted that under Russian joint property rules he was the beneficial owner of a 50% share. A separate action by Mr Slutsker in Cayman was struck out on Gilead’s application.

Gilead appeared for the Earl of Cardigan in his claims against the trustees of his estate, obtaining an order for the removal of one of the two trustees, together with compensation and the repayment of unauthorised remuneration. Other notable cases include acting for Robin Birley in his claim against the estate of the late Mark Birley, the proprietor of Annabel’s and other well-known London clubs.

Cases Include:

  • Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422. Dispute over the authenticity of an ancient sculpture. The Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the claim form.
  • Zhao Long et al v Endushantum Investments Co Ltd et al [2021] BVIHC (COM) 2017/0151. Acting for the trustees in a dispute over the beneficial ownership of a major shareholding in a Chinese pharmaceuticals company.
  • Kea v Watson [2021] JRC 009. The latest round in the long-running litigation against Eric Watson. The UK judgment creditor unsuccessfully sought to freeze assets held in a discretionary Jersey trust, of which Mr Watson was a potential object.
  • In the Matter of the CI and CII Trusts [2021] (Bermuda). The court granted the trustees’ application to extend the perpetuity period of two Bermuda trusts.
  • In the Estate of the Eighth Earl of Bathurst [2018] EWHC 21 (Ch). The Dowager Countess (as life tenant of a trust of heirlooms) unsuccessfully claimed the right to enjoy the chattels in specie. Construction of a statutory codicil, involving the admissibility of extrinsic evidence of intention.
  • In the Matter of the C Trust [2016] SC [Bda] 53 Civ. The first case to extend the perpetuity period under the new section 4 of the Bermuda Perpetuities and Accumulations Act. Concerned a US$2 billion trust.
  • Cotton v Earl of Cardigan [2015] W.T.L.R. 39. Appeal against trustees’ application under Public Trustee v Cooper for approval of the sale of Tottenham House
  • Brudenell-Bruce v Moore [2014] EWHC 3679 (Ch). Removal of trustees and claims for breaches of trust and repayment of unauthorised remuneration.
  • Khan v Gany Holdings BVIHC (Com) No. 10 of 2012. Claim for an account against trustee of a BVI trust.
  • Al-Sadi v Al-Sadi [2013] EWHC 2379 (Ch). Costs on the claimants’ discontinuance of their action.
  • Slutsker v Haron [2013] EWCA Civ 430 (CA). Challenge to a Cayman trust of real property in London by the husband of the settlor claiming rights under Russian family law.
  • In the Estate of Mong Man Wai William [2012] CACV 34/2012. Hong Kong Court of Appeal decision in Beddoe proceedings directing executors not to use estate funds to oppose the interests of the beneficiaries of the estate.
  • Scarfe v Matthews [2012] W.T.L.R. 1579. Will construction; the application of the doctrine of election where rights of forced heirship are asserted under French law.
  • Cripps Trust Corp Ltd v Sands [2013] W.T.L.R. 579. Beneficiaries successfully oppose a Beddoe application where the trustees sought permission to use trust funds for
    arguably unnecessary litigation.
  • Al-Sadi v Al-Sadi [2011] EWHC 976 (Comm). Whether claimant can rely on amended pleading when defendant applies to set aside service out of the jurisdiction.
  • Howell v Lees-Millais [2011] EWCA Civ 786. Court of Appeal decision on CPR Part 36 offers.
  • Re Servoz-Gavin, Deceased [2011] Ch 162; [2010] 1 All ER 410. Nuncupative Wills: Validity of an oral will made by a merchant seaman in service with a foreign vessel.
  • Jones v Firkin-Flood [2008] EWHC 2417 (Ch). Removal of trustees for breaches of duty including failure to supervise business assets controlled by the trust.
  • Sharp v Adam [2006] WTLR 1059 (Court of Appeal). Testamentary capacity of testator with advanced multiple sclerosis.
  • Abacus Trust (Isle of Man) Co v Barr [2003] Ch 409. Application of the Rule in Hastings- Bass. The origin of the principle that the court would only intervene where there had been a breach of fiduciary duty, which was subsequently upheld in Futter v Futter in the Supreme Court.
  • Schindler v Brie [2003] WTLR 1361, [2003] EWCH 1804 (Ch). Power of attorney granted to pursue claim in Germany for War reparations; whether power was revocable; whether claimant should continue as personal representative.

Charity law cases include:

  • Re St Andrew’s (Cheam) Lawn Tennis Club Trust [2012] 3 All ER 746. Gift of land intended to provide tennis club for members of Presbyterian Church; trust deed held void for perpetuity; land held on resulting trust for estate of the settlor.
  • Re Horley Football Club [2006] WTLR 1817. Validity of gift to unincorporated association. Construction of rules of amateur football club.

Download Trusts, probate and estates: contentious CV

  • Quote symbolHe is a first-rate advocate and consummate trust lawyer.

    The Legal 500 2024

  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

  • Quote symbolOne of the very finest KCs.

    Chambers & Partners 2024

  • Quote symbolHe is very good at assessing situations and a great cross-examiner.

    Chambers & Partners 2024

  • Quote symbolGilead is one of the leading lights in this area and has an encyclopedic knowledge of the law. He's also highly responsive, which matters a lot when things are moving quickly.

    Chambers & Partners 2024

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    External Conferences

    Private Client Forum Americas 2024

    Thursday 29th February 2024
    Banyan Tree Mayakoba, Cancun

    Speakers:
    Gilead Cooper KC

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    Events / Webinars

    Wilberforce Guernsey Conference 2023

    Thursday 19th October 2023 | 3.30pm- 6.20pm, followed by a drinks reception
    The Old Government House Hotel & Spa, St Peter Port

    Free to attend | 2.0 CPD

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    Wednesday 18th October 2023 | 3.30pm - 6.20pm, followed by a drinks reception
    Grand Jersey Hotel & Spa, St. Helier

    Free to attend | 2.0 CPD

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    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

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Art and cultural property

Gilead has been involved in Art & Cultural Property cases since 2006, when he led Professor Norman Palmer QC in a claim by the Tasmanian Aboriginal Centre for the return of a collection of human remains held by the Natural History Museum. He is now regularly instructed by museums and auction houses in claims for restitution or disputes over title, and art-related cases have become an important part of his practice. He has represented parties before the Spoliation Panel, and has given expert evidence in art-related cases in the US. Most recently, he was instructed to act as sole arbitrator (under LCIA Rules) in a claim by a wealthy collector to rescind the purchase of two Old Master paintings that had been bought from a major London gallery.

Gilead is recognised as one of three Leading Silks specialising in Art & Cultural Property in The Legal 500 (“Gilead is supremely intelligent, clear, concise, knowledgeable and a pleasure to work with. He works very fact because he is really familiar with the area of art and cultural property. Nothing is too much trouble for him and his drafting is a pleasure to read”) and is featured in Band 2 in Chambers HNW (“He is steeped in knowledge of trusts and bailments as they relate to art matters”). He was the winner of the Antiquities Law Barrister of the Year Award in the Lawyer Monthly Legal Awards 2016.

Recent experience includes acting as sole arbitrator in a dispute between a gallery and a private collection concerning the provenance of two Old Master paintings sold at auction; acting as mediator in a dispute between the branches of an extended family over the allocation of assets held under a Jersey trust; providing an Expert Determination in a claim against a firm of solicitors for negligent drafting of Instruments of Appointment and Retirement of Trustees of three Isle of Man trusts.

Gilead is the author of a chapter on the limitation of actions in Palmer on Bailment, and recently contributed a chapter to Trusts, Artistic Estates and Collections (2019) entitled “Inherited Guilt and Inherited Grievance: Prescription, Limitation and Ownership of the Past” (Trusts & Trustees review can be read here).

Key cases include:

  • Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 and [2021] EWHC 2243 (QB). Dispute over the authenticity of an ancient sculpture. The Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the claim form.
  • Re Claim for Beaching a Boat [2014]. Claim before the Spoliation Panel for the restitution of a painting
  • Schoyen v UCL. A case concerning disputed antiquities
  • Trustees of the Natural History Museum v Tasmanian Aboriginal Centre. A dispute about a collection of human remains in the custody of the Natural History Museum.

Gilead is a member of the LCIA, and has recently been listed as an arbitrator and mediator in Art Law cases by the Court of Arbitration for Art (CAfA).

Download Art and cultural property CV

  • Quote symbolHe is something of a legend in the art market and lived up to it as he is very experienced and authoritative. You can see a real commercial understanding of the market.

    Chambers & Partners 2024

  • Quote symbolHe is very experienced in this field and is intelligent and insightful.

    Chambers & Partners 2024

  • Quote symbolHe works very fast because he is really familiar with the area of art and cultural property. Nothing is too much trouble for him and his drafting is a pleasure to read.

    The Legal 500 2023

  • Quote symbolHe is very knowledgeable when it comes to art as he has a genuine interest in the subject.

    Chambers & Partners 2023

  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

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    Articles

    Crypto Insight – NFT Disputes

    Gilead Cooper KC has written an article on NFT disputes, which features in ThoughtLeaders4’s Crypto Insight 2022. From ThoughtLeaders4: “In this special Insight, we examine the various areas of disputes where crypto is involved, including fraud and asset recovery; HNW... Read more

    By Gilead Cooper KC
    Friday 29 July 2022

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    Wilberforce shortlisted for The Legal 500 Awards 2022

    We are delighted to announce that Wilberforce has been shortlisted in seven categories at The Legal 500 Awards 2022. Set of the year Chancery set of the year Property set of the year Commercial litigation silk of the year: Alan... Read more

    Wednesday 6 July 2022

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    Articles

    Personalty+

    Digital Assets: Chapter 8 of the Law of Personal Property. (3rd edition), ed.  Bridge, Gullifer, Low and McMeel. Published Sweet & Maxwell, ISBN (print) 978-0-414-09815-2, 1,354 pages. This article was first published by Trusts & Trustees, Volume 28, Issue 5, June... Read more

    By Gilead Cooper KC
    Tuesday 17 May 2022

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    Virtual property as trust assets and investments

    By Gilead Cooper KC
    Thursday 20 January 2022

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Commercial disputes

Gilead appeared for the defendants in Khouj v ACP, leading James Walmsley. The case concerned a claim on behalf of the estate of a former Saudi Foreign Minister, in which the executor was seeking extensive disclosure of information relating to substantial investments by the deceased during his lifetime, raising issues of agency and fiduciary duty.

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  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

  • Quote symbolOne of the very finest KCs.

    Chambers & Partners 2024

  • Quote symbolHe is very good at assessing situations and a great cross-examiner.

    Chambers & Partners 2024

  • Quote symbolAn excellent advocate who is very clever and very hard-working. Gilead has a different way of looking at things; he thinks outside the box.

    Chambers & Partners 2024

  • Quote symbolGilead has the ability to take hugely complex issues and distil them into crystal-clear concepts that clients and courts find compelling.

    The Legal 500 2024

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    Wilberforce Guernsey Conference 2023

    Thursday 19th October 2023 | 3.30pm- 6.20pm, followed by a drinks reception
    The Old Government House Hotel & Spa, St Peter Port

    Free to attend | 2.0 CPD

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    Wilberforce Jersey Conference 2023

    Wednesday 18th October 2023 | 3.30pm - 6.20pm, followed by a drinks reception
    Grand Jersey Hotel & Spa, St. Helier

    Free to attend | 2.0 CPD

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    Wilberforce Cayman Conference 2023

    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

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    Wilberforce BVI Conference 2023

    Tuesday 12th September 2023 | 3.30pm - 6.25pm followed by a dinner buffet
    Scrub Island Resort

    Free to attend | 1.5 CPD

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Domestic arbitration

Gilead is a member of the LCIA and an accredited arbitrator and mediator with the Court of Arbitration for Art (CAfA). He is also a CEDR accredited mediator.

As well as having extensive experience as an advocate, Gilead has acted as sole arbitrator and mediator in a variety of international and domestic disputes. He has specialist expertise in the field of Art & Cultural Property, but his practice includes general trust and commercial issues.

Recent experience includes acting as sole arbitrator in a dispute between a gallery and a private collection concerning the provenance of two Old Master paintings sold at auction; acting as mediator in a dispute between the branches of an extended family over the allocation of assets held under a Jersey trust; providing an Expert Determination in a claim against a firm of solicitors for negligent drafting of Instruments of Appointment and Retirement of Trustees of three Isle of Man trusts.

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  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

  • Quote symbolOne of the very finest KCs.

    Chambers & Partners 2024

  • Quote symbolHe is very good at assessing situations and a great cross-examiner.

    Chambers & Partners 2024

  • Quote symbolAn excellent advocate who is very clever and very hard-working. Gilead has a different way of looking at things; he thinks outside the box.

    Chambers & Partners 2024

  • Quote symbolGilead has the ability to take hugely complex issues and distil them into crystal-clear concepts that clients and courts find compelling.

    The Legal 500 2024

International arbitration

Gilead is a member of the LCIA and an accredited arbitrator and mediator with the Court of Arbitration for Art (CAfA). He is also a CEDR accredited mediator.

As well as having extensive experience as an advocate, Gilead has acted as sole arbitrator and mediator in a variety of international and domestic disputes. He has specialist expertise in the field of Art & Cultural Property, but his practice includes general trust and commercial issues.

Download International arbitration CV

  • Quote symbolGilead is one of the leading lights of the international trust Bar. He's very clever, an excellent advocate, and very hard-working. You definitely want to have him on your team.

    Chambers & Partners 2024

  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

  • Quote symbolOne of the very finest KCs.

    Chambers & Partners 2024

  • Quote symbolHe is very good at assessing situations and a great cross-examiner.

    Chambers & Partners 2024

  • Quote symbolAn excellent advocate who is very clever and very hard-working. Gilead has a different way of looking at things; he thinks outside the box.

    Chambers & Partners 2024

Professional liability

Gilead has appeared in a number of professional liability cases, often representing solicitors or barristers in defending negligence claims.

Gilead’s key cases include:

  • Stuart v Goldberg Linde [2008] WLR 823. Court of Appeal guidelines on the rule in Henderson v Henderson. Neither the merits of the second action, nor delay in starting it, are relevant factors in deciding whether it is an abuse of process to bring separate proceedings.
  • Gloyne v Richardson [2001] 2 BCLC 669, [2001] EWCA Civ 716 (Court of Appeal). Construction of share option agreement.
  • Gloyne v Richardson [2002] All ER (D) 447, [2002] EWCA Civ 1980. Strike-out of claim against solicitor who had failed to serve proper notice under share option agreement.
  • Ebert v Venvil [2000] Ch. 484 (Court of Appeal). Jurisdiction of the High Court to make an order prohibiting a litigant from issuing vexatious proceedings.
  • Bristol & West v Baden, Barnes and Groves [2000] Lloyd’s Rep PN 788. Solicitor under no obligation to disclose confidential information obtained under previous retainer.
  • Summit Property v Pitmans [2000] All ER (D) 1226. Solicitors’ duty to two clients when a conflict of interest arises; one client wishing to exploit confidential information belonging to the other.
  • Summit Property v Pitman[2001] Lloyd’s Rep PN 16 (Court of Appeal). Defendant successfully defending claim but ordered to contribute to loser’s costs.
  • Raybould v Jameson [2000] All ER (D) 1679. Solicitor failing to advise client of risk of committing blackmail.
  • Turner v Plasplugs Ltd [1996] 2 All ER 939 (Court of Appeal). Liability of legally aided party to order for costs.
  • Wapshott v Davies Donovan (1996) 72 P & CR 244 (Court of Appeal). Measure of damages in claim against negligent solicitors.
  • Hemmens v Wilson Browne [1995] Ch 223. Liability of solicitor to non-client third-party in inter vivos transaction.
  • Re Moonbeam Cards Ltd [1993] BCLC 1099. Directors’ disqualification.
  • Moore v Khan-Ghauri [1991] 2 EGLR 9 (Court of Appeal). Contract for sale of land by auction.

Download Professional liability CV

  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

  • Quote symbolOne of the very finest KCs.

    Chambers & Partners 2024

  • Quote symbolHe is very good at assessing situations and a great cross-examiner.

    Chambers & Partners 2024

  • Quote symbolAn excellent advocate who is very clever and very hard-working. Gilead has a different way of looking at things; he thinks outside the box.

    Chambers & Partners 2024

  • Quote symbolGilead has the ability to take hugely complex issues and distil them into crystal-clear concepts that clients and courts find compelling.

    The Legal 500 2024

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    Wilberforce Professional Liability Conference 2020

    Thursday 13 February 2020
    One Moorgate Place, Chartered Accountants' Hall, London EC2R 6EA

    £75 + VAT | 3.0 CPD

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Gilead's expertise

Download Property CV

Property

According to Chambers & Partners, Gilead “Offers masterful guidance on trust and property litigation, and has an excellent track record in high-profile disputes.” He has wide experience in dealing with real property issues, including title disputes, easements, restrictive covenants, land options and pre-emption rights, mortgages, joint property and professional negligence relating to conveyancing. He is frequently instructed on matters concerning large landed estates, and recently acted for the Earl of Cardigan in relation to the trustees’ alleged mismanagement of the Savernake Estate.

He has appeared in numerous property cases, including Jones v Cameron Management Ltd, a claim for rectification of Land Register; Padgham v Rochelle, concerning an agricultural tenancy; and Winsper v Perrett, in which the issue was whether property was held on beneficial joint tenancy or tenancy in common. 

Download Property CV

  • Quote symbolHe gives a Rolls Royce service.

    Chambers & Partners 2024

  • Quote symbolOne of the very finest KCs.

    Chambers & Partners 2024

  • Quote symbolHe is very good at assessing situations and a great cross-examiner.

    Chambers & Partners 2024

  • Quote symbolAn excellent advocate who is very clever and very hard-working. Gilead has a different way of looking at things; he thinks outside the box.

    Chambers & Partners 2024

  • Quote symbolGilead has the ability to take hugely complex issues and distil them into crystal-clear concepts that clients and courts find compelling.

    The Legal 500 2024

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    Wednesday 6 July 2022

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Gilead's Details

BSB/VAT information

Registered name: Mr Gilead Patrick Cooper KC
VAT number: 524114193

Privacy Notice pdf

Qualifications and Appointments

  • BA in English, Christ Church, Oxford
  • Dip. Law, The City University
  • CEDR Accredited Mediator
  • Called to the Bar of the BVI.

Publications

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