Fionn Pilbrow’s Full CV

Qualifications

 BA (Hons) History (1998) (First Class); M Phil History (1999) (First Class, top in year); CPE/Diploma in Law (2000); Bar Vocational Course (2001); MA (Oxon) (2002)

Practice profile

Fionn Pilbrow has a wide-ranging practice, covering the full width of Chambers' commercial work. The breadth of his practice is reflected in his directory rankings - across Chambers & Partners 2012 and Legal 500 2011 he is ranked as a leading junior in 6 areas: Commercial Dispute Resolution; Banking & Finance; Energy & Natural Resources; Fraud: Civil; Insurance & Reinsurance; Professional Negligence. He has appeared in the Commercial Court, the Chancery Division, the Technology and Construction Court, the Administrative Court and various county courts and tribunals, as well as being led in High Court, the Court of Appeal, the Privy Council and the European Court of Human Rights. He has also been involved in numerous arbitrations, including arbitration under ICC, UNCITRAL, LCIA, ARIAS and LMAA rules.   

In recent years, he has appeared in a number of the biggest cases before the courts: he acted (with Mark Howard QC) for the successful claimants in BSkyB v EDS (9 month trial of a deceit claim, which resulted in substantial recovery by BSkyB); he appeared (with Andrew Popplewell QC) for the claimants in the Fiona Trust litigation ($800m bribery and conspiracy to defraud claim - main judgment handed down in December 2010, appeal pending before the Court of Appeal); and he is currently instructed on behalf of the claimant (with Mark Howard QC and David Foxton QC) in Cherney v Deripaska (the trial of this c. $4.5 billion claim is set down for April 2012). In addition, he is frequently instructed on his own in both High Court and arbitral proceedings.

Commercial litigation

Fionn Pilbrow has advised on and acted in a wide range of cases covering the spectrum of commercial disputes. He appeared for the successful claimants in BSkyB v EDS (led by Mark Howard QC), a £750m deceit claim involving a high court trial lasting a full court year ([2010] EWHC 86 (TCC)). He was instructed on behalf of claimant in the Fiona Trust litigation ([2010] EWHC 3199 (Comm); [2011] EWHC 664 (Comm); [2011] EWHC 715 (Comm) [2011]; EWHC 1312 (Comm) and appeal pending before the Court of Appeal). He appeared in Knox v Deane and others (led by Hilary Heilbron QC) in the Privy Council (an appeal from Barbados relating to the construction of rights of pre-emption), was led by Jonathan Sumption QC in T-Mobile v Bluebottle and Virgin Mobile in the Commercial Court and Court of Appeal (a major dispute between T-Mobile, Virgin and Virgin Mobile as to the meaning and operation of joint venture agreements) and by Charles Hollander QC in AISLIC v Abbott a Commercial Court case concerning an anti-suit injunction. He is currently instructed on behalf of the claimant (with Mark Howard QC and David Foxton QC) in Cherney v Deripaska (the trial of this c. $4.5 billion claim is set down for April 2012).

Insurance & Reinsurance

Fionn Pilbrow has advised on and appeared in a wide range of insurance and reinsurance disputes. Recent High Court matters include BP v Aon [2006] EWHC 424 (Comm) (led by Andrew Popplewell QC), which concerned the establishment of a duty of care on the part of sub-brokers, a dispute in relation to brokers' liability for premium (led by Tom Adam) and claim arising under a binding authority (led by Michael Swainston QC). Confidential insurance and reinsurance arbitrations include: a series of connected reinsurance arbitrations in Bermuda on behalf of a captive insurer arising out of fraudulent tax schemes (led by Mark Howard QC and John Lockey QC); an ARIAS reinsurance arbitration (led by George Leggatt QC); connected reinsurance spiral arbitrations (led by Michael Swainston QC). He is currently instructed in a claim arising under the Third Parties (Rights Against Insurers) Act 1930 and in an arbitration concerning insurance claims arising out of a large mortgage fraud.

Banking & Finance

Fionn Pilbrow has advised on numerous contentious and non-contentious banking and financial services matters. He is currently: advising a bank acting as trustee holding legal ownership of a business worth c. £3-4 billion in relation to disputes as to the management of the business; acting in a breach of confidence claim against a bank in the Chancery Division; acting for a claimant seeking to recover under a demand guarantee; and acting for an investment manager in a dispute with a strategic investment fund. He is a contributor to Butterworths' Banking Law Guide (edited by Mark Howard QC and Roger Masefield), has acted for a FTSE 100 company in relation to an FSA investigation concerning alleged breaches of the Listing Rules and has regularly advised private equity purchasers in relation to the consumer credit act compliance of businesses. In addition, he appeared in Elmsbourne Security Ltd v Manticore Holdings Ltd [2005] EWHC 1315 (Ch), a case involving the setting aside of a transaction at an undervalue.

Energy & Natural Resources

Fionn Pilbrow acts regularly in disputes arising in the energy and natural resources fields. In recent years he has acted: for BP in the TNK-BP dispute between BP and its Russian joint venture partners arising out of BP's proposed strategic alliance with Rosneft; for a major European energy company facing allegations that it acted in breach of confidence and other undertakings in relation to the development of gas fields in, and export of gas from, Kurdistan; for the defendants in LCIA arbitral proceedings relating to allegedly off-specification coal; in a dispute arising out of the purchase of a company owning a large portfolio of carbon credits; in an LCIA arbitration arising out of the late delivery of a quantity of coal; in a dispute arising out of the delivery of Kazakh rapeseed; in a dispute arising out of a contract for the delivery of fuel oil.  

Civil Fraud

Fionn Pilbrow has acted in a number of civil fraud matters, and has experience of obtaining and resisting freezing injunctions (domestic and worldwide) and search orders. He appeared for the Claimants in the Fiona Trust litigation ([2010] EWHC 3199 (Comm); [2011] EWHC 664 (Comm); [2011] EWHC 715 (Comm) [2011]; EWHC 1312 (Comm) and appeal pending before the Court of Appeal). Recently he has: advised in relation to allegations of fraud and mismanagement in a very substantial family-owned business; acted for insurers in a case arising out of a substantial mortgage fraud; advised a utility company in relation to recently-discovered industry-wide fraud, with potential losses estimated to be in the tens of millions of pounds; and, advised a major supermarket in relation to a fraud perpetrated by certain of its employees in conjunction with one of its suppliers, resulting in very substantial overpayments.  Prior to that, he was led by Michael Swainston QC in a Commercial Court claim arising out of a large insurance fraud, centring on allegations of breach of authority, breach of fiduciary duty, conspiracy and dishonest assistance and involving numerous freezing injunctions and search orders.  

TMT

Fionn Pilbrow has been involved in a number of information technology and telecoms cases. He was led by Mark Howard in the Sky v EDS case (see above), which arose out of the tender for the implementation of, and the implementation of a CRM system. He appeared, with Jonathan Sumption QC, in T-Mobile v Bluebottle and Virgin Mobile, which related to the operation of Virgin Mobile, then a joint venture between T-Mobile and Virgin. In addition, he was led by Hilary Heilbron QC in a £15m dispute relating to the provision of internet services, and successfully advised a FTSE 100 company in relation to a dispute concerning the deployment of a large suite of software licences.

Professional Negligence

Fionn Pilbrow has advised on cases involving negligence by insurance brokers, accountants, auditors, solicitors and liquidators. Most recently, he has acted for accountants in relation to allegations of negligent advice on the tax treatment of tips, for accountants in relation to allegations of negligent advice in relation to a tax avoidance scheme, for liquidators facing allegations of negligence in their conduct of a liquidation, against solicitors in relation to the provision of allegedly negligent advice in the context of a ship purchase.

Media & Entertainment

Many of the commercial disputes in which Fionn Pilbrow is instructed arise within the media and entertainment fields. He was instructed in William Hill Organization Ltd v Playtech Software Ltd [2011] EWHC 836 (Comm), a dispute relating to an online gambling joint venture. He is currently instructed on behalf of Kangol in a dispute arising under an exclusive licence and on behalf of the defendant in a dispute arising out of a failed celebrity hairdressing venture. In addition he recently acted in a licensing dispute arising out of the Indian Premier League.   

Shipping

Fionn Pilbrow has acted in a number of shipping disputes. In addition to the Fiona Trust litigation, he is currently instructed in an LCIA arbitration arising out of the arrest of a vessel; a dispute arising out of a sale purchase agreement; an arbitration arising out of the grounding of a vessel; and a claim of late delivery. Recently he was instructed in an LCIA arbitration that has to consider when bad weather could amount to force majeure. He has experience of LCIA and LMAA arbitrations, amongst others.  

Public law

Fionn Pilbrow was led by Richard Gordon QC in Roche v UK, a case before the Grand Chamber of the European Court of Human Rights, in which a breach of Article 8 was established on behalf of a participant in mustard gas and nerve agent tests at Porton Down. In addition, he appeared successfully alone on behalf of Mr Roche in the Administrative Court and the Pensions Appeal Tribunal.

Fionn Pilbrow's Directory Quotes

"Stablemate Fionn Pilbrow is said to be "charmingly tenacious - people don't realise until they take a step back after his performance in court that they have been well and truly stuffed." His recent efforts include acting for Michael Cherney in his multibillion-dollar claim against Oleg Deripaska." (Chambers UK 2012, Commercial Dispute Resolution)

"Others at the set to impress include Fionn Pilbrow, who is developing a fine reputation for his work on complex cross-jurisdictional energy disputes. A recent example of his work is Too Abi Groupe v Nordic Bulk, a matter involving a USD1.75 million contract for the sale of Kazakh rapeseed." (Chambers UK 2012, Energy & Natural Resources)

"Fionn Pilbrow has come to greater market attention lately as a result of his recent efforts in the huge Fiona Trust litigation. "He is everything you would expect a barrister to be, and is an exceptional performer given his comparatively recent call." " (Chambers UK 2012, Fraud: Civil)

"Fionn Pilbrow is ‘a junior whose star is rising fast'." (Legal 500 2011, Insurance and Reinsurance)

"Fionn Pilbrow is ‘responsive and very bright'" (Legal 500 2011, Professional Negligence)

"Roger Masefield is recommended, as is Fionn Pilbrow." (Legal 500 2011, Fraud: Civil)

"Fionn Pilbrow has also developed a broad and thriving commercial practice, and has impressed in trials such as BSkyB v EDS and the Fiona Trust litigation. Sources say he "works extremely hard and will be a real star in the future." " (Commercial Dispute Resolution, Chambers & Partners 2011)

" ‘can produce extremely high-quality work under pressure' " (Legal 500 2010, Fraud: civil)

Recommended Junior in Banking & Finance, Legal 500 2009, 2010 & 2011.

Important Cases

  • Fiona Trust v Privalov and others ([2010] EWHC 3199 (Comm); [2011] EWHC 664 (Comm); [2011] EWHC 715 (Comm) [2011]; EWHC 1312 (Comm)
  • A v B [2010] EWHC 3302 (Comm); [2011] Bus. L.R. 1020; [2011] 2 All E.R. (Comm) 935; [2011] 1 Lloyd's Rep. 363; [2010] 2 C.L.C. 944
  • William Hill Organization Ltd v Playtech Software Ltd [2011] EWHC 836 (Comm)
  • BSkyB v EDS [2010] EWHC 86 (TCC)
  • Talaris (Sweden) AB v Network Controls International Ltd [2008] EWHC 2930 (TCC)
  • BP plc v Aon Ltd and another [2006] EWHC 424 (Comm), [2006] 1 All ER (Comm) 789, [2006] Lloyd's Rep IR 577
  • BP plc v Aon Ltd [2005] EWHC 2554 (Comm); [2006] 1 Lloyd's Rep 549
  • Marjorie Ilma Knox v John Vere Evelyn Dean and Others [2005] UKPC 25; [2005] B.C.C. 884
  • Roche v UK (ECtHR) [2005] 20 BHRC 99, The Times, October 27, 2005
  • Elmsbourne Security Ltd v Manticore Holdings Ltd [2005] EWHC 1315 (Ch); [2005] LLR 1295
  • Roche v Secretary of State for Defence [2004] EWHC 2344 (Admin), [2004] All ER (D) 98 (Oct)
  • T-Mobile v Bluebottle and Virgin Mobile [2003] EWHC 379 (Comm)
  • American International Speciality lines Insurance v Abbott Laboratories [2002] EWHC 2714 (Comm), [2003] 1 Lloyd's Rep 267, [2004] Lloyd's Rep IR 815

Career

  • Called to the Bar by the Inner Temple, October 2001
  • Brick Court Chambers, September 2001 –Pupilmasters: Tom Adam, Mark Hoskins, Helen Davies, Jemima Stratford
  • Awards and scholarships: Balliol/Oxford: Fraser Scholar, James Gay History Prize, Jenkins Award, Coolidge Pathfinder Atlantic Crossing Award St John’s/Cambridge: University Medieval History Prize (Wood-Legh Prize); McMahon Law Studentship Inner Temple: Major CPE Scholarship (1999-2000); Princess Royal Scholarship (2000-2001)

Publications and articles

  • Butterworths’ Banking Law Guide (contributor)
  • Editorial Committee of the European Advocate
  • ‘The Knights of the Bath: dubbing to knighthood in Lancastrian and Yorkist England’ in P.Coss and M.H.Keen (eds.), Heraldry, Patronage and Social Display in Late Medieval England (Boydell & Brewer, 2002)

Further Information

Fionn speaks French and is qualified PADI diving instructor.