Autumn Conference 2016

Derrick Dale has a broad commercial and civil practice, specialising in:

Derrick has considerable experience in obtaining freezing injunctions, interim remedies and the conduct of heavy commercial litigation/arbitration, including group litigation. Derrick is profiled in the Legal 500, Legal Experts and Chambers for commercial litigation, insurance/reinsurance and professional negligence work.

In 2013,Colin Birss was appointed to the High Court. He sits in the Chancery Division. As part of his work in the Chancery Division he is one of the judges nominated to sit in the Patents Court. Colin Birss was called to the Bar in 1990,building up a successful practice as a barrister in intellectual property law, appearing before the English Courts,the European Patent Office and the European Court of Justice.Standing Counsel for the Comptroller General of Patents, Trade Marks and Designs 2003-2008,Colin Birss took silk in 2008. In 2010 he left the Bar to become the new judge of the Patents County Court and Chairman of the UK Copyright Tribunal. His appointment to the Patents County Court coincided with the introduction of new procedural rules in the Patents County Court.

Introduction to the Patents County Court (PCC)

The PCC was set up to provide a less costly and less complex alternative to the Patents Court, High Court. It aims to provide cheaper, speedier and more informal procedures to ensure that SMEs, in particular, are not deterred from innovation by the potential cost of litigation to safeguard their rights. It is for all IP rights, not just patents.The UK Government has recently introduced a series of reforms in the PCC to simplify and stream-line procedures: a limit on damages of £500,000; recoverable costs capped at £50,000; time limit on hearings of 1-2 days; a Small Claims Track (SCT) established in the PCC for copyright, trade mark and unregistered design claims with a value of up to £10,000, allowing low value claims to be dealt with informally.Later this year, the court will be renamed the IP Enterprise Court to better reflect its jurisdiction, and help businesses identify it as the appropriate arena within which to resolve their IP dispute.

Mr Djanogly is a Partner and the Head of Forensics at CVR Global LLP based in Holborn, London. He specialises in accounting, financial and valuation issues in complex business-related disputes, asset tracing, fraud and financial crime matters; and in commercial insurance claims. He has been in practice as a forensic accountant expert adviser and expert witness based in the City of London since 1993. This includes many years as forensic accounting partner of Top-20 accounting firms.

As independent forensic accountant, Mr Djanogly is: appointed by either side in a dispute or by both, as Single Joint Expert; engaged in ADR procedures, High Court and Crown Court litigation, and international commercial arbitration; and, has testified as expert witness on many occasions.

Mr Djanogly is also a qualified and experienced Arbitrator (FCIArb and CArb) and Expert Determiner. Parties in dispute, or the ICAEW, CIArb, LCIA, appoint Mr Djanogly as arbitrator, or expert determiner, to resolve business disputes and determine valuation, accounting, or other financial issues. He is also appointed as neutral expert evaluator.

CVR Global is an independent provider of insolvency, restructuring, advisory and forensic services. It has eight offices in the UK, together with offshore offices in Gibraltar, and the British Virgin Islands. It is also a member of Geneva Group International, a global alliance of independent accounting, law and management accounting firms.

Profile submitted by Jeremy Nicholson QC

Practice Areas

Construction & engineering, energy, shipbuilding, professional negligence, insurance, and general commercial work. He has an outstanding track record in achieving successful conclusions to major and difficult cases. Known for mastery of technical detail and legal argument, lateral thinking, strategic advice, and team leadership in large and complex cases. Acts for insurers, contractors, employers, engineers, architects, surveyors, and other professionals; in litigation, arbitration, and mediation. Huge experience of different types of buildings, structures, plant, and sites. Involved as advocate or arbitrator in numerous international arbitrations. Major cases include Ted baker v AXA 2015 Lloyd’s Rep IR 325; Hamid v Barnfield Construction 2013 BLR 447; Co-op v John Allen 2012 28 ConstLJ 27; Southwark v IBM 2011 135 ConLR 136; Skanska v Somerfield 2007 CILL 2449; SST v AMEC 2006 EWHC 2909; Alfred McAlpine v Panatown 2001 AC 518

Ian was elected Head of Chambers in 2017

He has been in practice as a barrister for more than 40 years. He started in the law at a time when lawyers were expected to be effective advocates in all areas rather than in just one narrow field. The benefit for his clients of that training, and of his unusually diverse experience, is that he can often come up with innovative solutions to apparently intractable problems.

He was educated at Highgate School in North London, where he was a Foundation Scholar, and at Trinity College, Cambridge, where he was twice Hooper Prizeman. He was also a Harmsworth Scholar.

He has sat as a Recorder in the Crown Court and for many years chaired the Enforcement Panel (the disciplinary tribunal) at Lloyd’s of London. He is a Master of the Bench of the Middle Temple, where he is Master of the House and Chairman of the Temple Church.

The first major case he did was as Counsel appointed by the Department of Trade to the investigation under the Companies Acts of the Bank founded by John Stonehouse MP, who had faked his disappearance off a beach in Miami only to re-surface in Australia. Ian represented the DTI at the MP’s trial at the Old Bailey and later interviewed him in Wormwood Scrubs prison before writing an (as yet still unpublished) report for the Department on how to improve regulation of the Banking Industry. During that time he was working in-house with Arthur Andersen & Co, where he formed a close working relationship with Ian Hay Davison. Many years later it was to Ian that Hay Davison turned to successfully extricate him from the protracted DeLorean litigation in the United States.

In 1983 he was appointed Treasury Counsel to the Inland Revenue, a post he held for ten years while still continuing in private practice.

He has been instructed on the financial settlements of a number of significant divorces with international dimensions. He is a master of the ‘dark arts’ of damage limitation and reputation management.

Many of his clients nowadays tend to be those who have come away from other lawyers, disappointed. His philosophy is that he is not there to tell his clients that they cannot do what they want, rather to work out with them how it can be achieved.

Away from the Bar, he has worked as a director of an off-shore algorithmic Hedge Fund. He was for some years the Chairman of the Board of a contemporary art gallery in Cork Street and was picked by Cambridge University to chair its Development Appeal Group for Kettle’s Yard. He was one of two distinguished art collectors chosen to be Selectors for the Discerning Eye exhibition held in the Mall Galleries in 2016.

He is a Past Master of the Worshipful Company of Security Professionals with particular expertise in cyber and the GDPR.

Derrick Dale has a broad commercial and civil practice, specialising in:

Derrick has considerable experience in obtaining freezing injunctions, interim remedies and the conduct of heavy commercial litigation/arbitration, including group litigation. Derrick is profiled in the Legal 500, Legal Experts and Chambers for commercial litigation, insurance/reinsurance and professional negligence work.

He sits as an LCIA arbitrator. Since 2004, Derrick has been the joint editor of the damages section in ‘Simpson on Professional Negligence’. He is also a member of the Bar Standards Board (Rule Committee).

Recent work: Acted in United Biscuits’ loss of profits claim against Amcor, relating to a fire that burned down Amcor’s factory, preventing the company from packaging United Biscuits’ products.

Beverley Barton qualified as a solicitor in 1993. She trained at Linklaters, where she stayed for six years following qualification, working on a wide range of general commercial litigation cases, including a number involving competition law issues. Subsequently, at CMS Cameron McKenna and Arnold & Porter, she practised as a litigator in a team specialising in pharmaceuticals-related work, and gained valuable trial experience on cases including Re Medicaments, the last ever case in the Restrictive Practices Court. In 2005, she moved to the role of litigation Professional Support Lawyer: first at Eversheds, and then at Bond Pearce. She joined Practical Law as a Senior Editor in the Dispute Resolution team in October 2008.

I launched our London office and am responsible for leading and building relationships with our corporate clients and law firms across Europe, the Middle East and Far East regions. I work closely with our team of over 1,200 permanent lawyers in Hyderabad, London, Chicago and New York, helping our clients across a range of matters, from assisting with M&A transactions through to supporting clients on complex litigation and multi-jurisdictional investigations.

QuisLex is a premier global legal services company providing a range of complex and specialised legal services, such as e-discovery and document review for litigation and investigation, contract management, compliance and M&A services to Fortune 500 and FTSE 100 companies and global law firms. QuisLex has been ranked a Global Band One firm by Chambers for six consecutive years.

Mark has over 25 years’ private practice experience of advising and representing companies, institutions and individuals in domestic and international commercial litigation, fraud and insolvency cases across multiple sectors.

His practice encompasses commercial misconduct, corporate investigations, freezing and search orders, asset tracing and other remedies arising out of suspected fraud, cyber-fraud and civil and criminal wrongdoing.

Mark has deep expertise in and knowledge of the workings of computer forensics, digital evidence, data protection and cross-border e-Discovery, and uses leading-edge technology to assist in fact-finding.

He specialises in designing pragmatic solutions to novel and complicated problems.