Colin West's Commercial Law CV  

Qualifications

BA, St. Anne's College, Oxford, 1994-1997, First Class

BCL, St. Anne's College, Oxford, 1997-1998, First Class

Bar Vocational Course, 1998-1999, Inns of Court School of Law

Career to date

Called to the Bar, Inner Temple, November 1999

Pupillage at Brick Court Chambers 1999-2000

Tenant at Brick Court Chambers, 2000 to date 

Practice Areas

Insurance/reinsurance

Colin has been involved in two large sets of group litigation proceedings concerning allegations of professional negligence by the insurer of a legal expenses insurance scheme against solicitors who accepted cases onto the scheme, namely The Accident Group (TAG) litigation and the Composite Legal Expenses litigation, in both cases acting for the insurer. The latter case lead to a judgment of the Court of Appeal on limitation issues [2009] EWCA Civ 1166; [2010] P.N.L.R. 10. Permission to appeal to the Supreme Court was granted, but the case then settled. He has also appeared as sole counsel in the London Mercantile Court and on appeal to the Court of Appeal in a case concerning theft of plasma televisions (Anders & Kern v Norwich Union [2007] 1 Lloyd's Rep IR 555 (first instance); [2008] Lloyd's Rep IR 460 (CA)). Colin was also instructed on a multi-million dollar reinsurance arbitration in Bermuda concerning product liability claims arising out of a pharmaceutical product. In addition he was instructed in massive reinsurance fraud litigation (Sphere Drake v Euro International Underwriters [2003] Lloyd's Rep IR 525) and appeared on a successful application for permission to appeal from a reinsurance arbitration award (Cornhill Insurance v Independent Insurance), as well as appearing as sole counsel in a claim concerning avoidance of a life insurance policy by reason of the insured's undisclosed alcoholism (Mundi v Lincoln [2006] Lloyd's Rep IR 353).

Conflict of laws

Colin was instructed in the Masri v Consolidated Contractors case, which  led to a series of important judgments concerning the continuing jurisdiction of the English Courts following judgment in English proceedings, e.g. to appoint a receiver or grant a freezing injunction (Masri v Consolidated Contractors No. 2 [2009] 2 WLR 621), to grant an anti-suit injunction (Masri v Consolidated Contractors No. 3 [2009] 2 WLR 669) or to order the examination of a director of a judgment debtor company as to the company's assets (Masri v Consolidated Contractors No. 4  [2010] 1 A.C. 90).

Colin also appeared on behalf of the Claimant in the Apostolides v Orams matter, concerning whether judgments of the Courts of Cyprus regarding ownership of land in occupied northern Cyprus are enforceable in England under the Brussels Regulation against UK domicilaries claiming to have acquired title to such properties under the ‘law' of the unrecognised ‘Turkish Republic of Northern Cyprus'. The issue has now been resolved in the Claimant's favour [2010] EWCA Civ 9

Colin is also regularly instructed in cases raising more traditional English jurisdiction issues. For example, he recently appeared in a marine insurance case where the Defendant insurers were challenging the English jurisdiction on forum conveniens grounds (Argo System FZE v Liberty Insurance Pte Ltd).

Shipping

Colin is involved in a substantial number of LMAA shipping arbitrations concerning such matters as off-hire/breach of charterparty in relation to breakdown of the main engine or grabs, alleged failure by the Master to follow legitimate instructions, mitigation/remoteness of damages for breach of charterparty (including under the decision in The Achilleas), unseaworthiness due to deficiencies in fuel pumping system and continues to advise on and appear in various shipping cases regularly (e.g. Argo, above).

Carriage of goods by road/air etc.

Colin has been instructed in a number of sets of Court proceedings concerning cargo claims in cases of carriage of goods by road, air and other methods of transportation.

Commercial law

Colin was instructed before the Court of Appeal in the recent Buncefield litigation, which concerned claims between a number of oil companies arising out of the explosion at the Buncefield oil terminal (judgment of 4 March 2010, [2010] EWCA Cil 180). The case raised complex issues concerning the construction of the applicable joint venture contracts, as well as issues concerning the rule in the Aliakmon and its effect on the scope of the duties of care arising in tort.

Colin is regularly instructed on general commercial cases involving such matters as  claims for conspiracy to defraud in relation to the sale of a company ([2009] EWHC Civ 250); estoppel of a debt claim; claims on bank guarantees; breach of fiduciary duty; and Quistclose trusts.

Legal Directories

Colin is recommended as a leading junior in Commercial Litigation by the Legal 500, 2008 - 2011.

Professional Memberships

  • Inner Temple
  • Bar European Group
  • London Common Law and Commercial Bar Association (committee member)
  • COMBAR
  • South Eastern Circuit
  • European Circuit
  • Human Rights Lawyers Association
  • Competition Law Association

Life outside the Bar

  • Colin is married with two daughters and lives in London
  • Grade VIII clarinet (distinction), Colin is a former member of National Youth Orchestra of Scotland and soloist with Oxford Sinfonietta. He currently sings tenor in North London choir ‘Eclectic Voices'
  • Languages: French, fluent if rusty (attended school in France for a year in 1993-94, Loire valley region); Scots Gaelic, neach-ionnsachaidh