George Leggatt QC’s Full CV

Qualifications

Cambridge University, King’s College (scholar; senior scholar), BA in Philosophy (1979): Part 1A – First Class (top place); Part 1B – First Class (top place); Part 2 – First Class (top place).

Harvard University, Harkness Fellow (1979-80)

The City University, Diploma in Law (with distinction) (1980-81)

Inns of Court School of Law (Kenneth Mackinnon prizewinner) (1981-82)

Career

  • 1982-83 Bigelow Teaching Fellow, University of Chicago Law School
  • 1983-84 Working for Sullivan & Cromwell, New York
  • 1984-85 Pupil at 1 Brick Court (now Brick Court Chambers)
  • 1984-87 Supervisor in contract law at King's College, Cambridge
  • 1985- Practising at Brick Court Chambers
  • 1997 Appointed QC
  • 2002 Appointed a Recorder
  • 2004-07 Secretary of the Commercial Bar Association
  • 2004 Elected a Bencher of Middle Temple
  • 2006-08 Vice-Chair of the Bar Standards Board
  • 2008 Authorised to sit as a Deputy High Court Judge

Practice Profile

George Leggatt QC is an experienced advocate who practises extensively in the field of commercial law, including insurance and reinsurance, professional liability, product liability, banking, financial services, commercial fraud, shipping, technology, sale of goods and international trade, conflict of laws and arbitration law. He also sits as an arbitrator in commercial disputes and is a Deputy High Court Judge.

Insurance and Reinsurance

He has been involved in some of the most high profile insurance and reinsurance cases in the last few years, such as Omega Proteins v Aspen Insurance [2011] 1 All ER (Comm) 313  Dunlop Haywards v Barbon Insurance Group [2010] Lloyd's Rep IR 149, American Reliable v Willis (2009), Standard Life v Oak Dedicated [2008] Lloyd's Rep IR 552, Bonner v Cox [2006] Lloyd's Rep IR 385, Rendall v Combined Insurance Co [2006] Lloyd's Rep IR 732 and BP v Aon [2006] Lloyd's Rep IR 577.

He is very experienced in all areas of insurance law including liability, property, contingency, professional indemnity, contractors' all risk and financial loss insurance. Equally experienced in reinsurance law and has been involved as counsel in some of the leading modern cases in this field - such as Hill v M&G [1996] 1 WLR 1239 (HL), Commercial Union v NRG Victory [1998] 2 All ER 434 (CA) and Bonner v Cox [2006] Lloyd's Rep IR 385 (CA).

He also sits regularly as an arbitrator in insurance and reinsurance disputes, and has acted as an expert witness on English insurance law for US proceedings, drafted policy wordings and lectured on reinsurance topics.

Professional Liability

He practises extensively in the field of professional liability and has particular experience in cases involving the following professions:

Insurance brokers: He has acted in many cases of alleged negligence by insurance brokers, from Punjab National Bank v De Boinville [1992] 1 WLR 1138 (CA) to Standard Life v Oak Dedicated Ltd [2008] Lloyd's Rep IR 552 and Dunlop Haywards v Barbon Insurance Group [2010] Lloyd's Rep IR 149.

Lawyers: He has acted in many cases of allegedly negligent advice and conduct of litigation by solicitors, e.g. The Accident Group Litigation (2004-08) and Coudert Brothers v Norman's Bay [2004] EWCA Civ 215, CA. He has also represented solicitors in disciplinary proceedings and barristers on applications for wasted costs orders. He has frequently advised the Bar Council on questions of law and professional regulation and drafted the current editions of the Bar's Code of Conduct and Training Regulations.

Financial Services: He has acted in numerous cases of alleged negligence in relation to investment and financial advice. Currently engaged in Cassa Di San Marino v Barclays Bank involving allegations of mis-selling of complex structured products.

Accountants: He has acted in many cases involving alleged negligence by accountants acting as auditors, investigating accountants and valuers. Has represented all the major firms of accountants in such actions. Co-author of Report to European Commission on the Civil Liability of Auditors in England and Wales (1999).

Actuaries: He has acted in several cases of alleged negligence by actuaries, including a 10 month trial in the Commercial Court in NRG v Bacon & Woodrow [1997] LRLR 678, which involved many technical actuarial issues.

He recently appeared in the Court of Appeal in Various Claimants v Institute of the Brothers of the Christian Schools [2010] EWCA Civ 1106, a case about whether a religious order is vicariously liable for acts of child abuse committed by members of the order (now on appeal to the Supreme Court). 

Product Liability

He has appeared twice in the European Court of Justice and in the House of Lords and Supreme Court in O'Byrne v Aventis Pasteur [2010] 1 WLR 1375 and 1606, concerning when a product is ‘put into circulation' and the effect of the 10 year time limit for bringing proceedings under the Product Liability Directive.

Acted (from 2000 until the end of the litigation in 2007) in the MMR Litigation, a major group action brought against manufacturers of the MMR vaccine: see e.g. Sayers v Merck & Others [2002] 1 WLR 2274, CA.

Gave expert evidence on English product liability law in the US Vioxx litigation (2006).

He has acted as counsel in various arbitrations of claims under  product liability insurance policies and recently appeared in Omega Proteins v Aspen Insurance [2011] 1 All ER (Comm) 313, a claim under a product liability policy arising out of the contamination of meat during the BSE crisis.

Banking and Financial Services

He has advised and acted in a wide range of banking disputes involving loan agreements, guarantees, letters of credit, bills of exchange, promissory notes, mortgages and other bank security, derivatives, CDOs and other structured credits.

Recently appeared in a long trial in the Commercial Court of a claim alleging mis-selling by Barclays Bank of complex credit derivative products.

Other recent cases include appearances in the Chancery Division and Court of Appeal in Mills v Sportsdirect.com [2010] EWHC 1072, a case about whether shares were transferred under a repo agreement, and in the Commercial Court and Court of Appeal in Berghoff Trading Ltd v Swinbrook Developments Ltd [2009] 2 Lloyd's Rep 233 involving questions of construction of a loan agreement and guarantees. 

Appeared in many cases in the interest rate swaps litigation involving claims for restitution of money paid under void swap contracts with local authorities - including Guinness Mahon v Kensington & Chelsea [1999] QB 215, CA, and the leading case of Westdeutsche Landesbank v Islington [1994] 4 All ER 870, Hobhouse J; [1994] 1 WLR 938, CA; [1996] AC 669, HL.

He has advised on various aspects of financial services law and regulation. Acted for HM Treasury and the FSA in connection with the investigation by the Parliamentary Ombudsman of the regulation of Equitable Life, (2005-08).

Commercial Fraud

Very experienced in cases relating to the recovery of money obtained by fraud, conspiracy, bribery, breach of fiduciary duty, knowing receipt, dishonest assistance etc. See e.g. Charter plc v City Index [2007] 1 WLR 26 (knowing receipt; contribution); Motorola Credit Corporation v Uzan [2004] 1 WLR 113, CA (US$2 billion international fraud); Dubai Aluminium v Salaam and Others [2003] 2 AC 366, HL (contribution between fraudulent conspirators); Petrotrade Inc v Smith [2000] 1 Lloyd's Rep 486 (bribery).

Trade Marks

Currently acting in major trade mark litigation concerning the Lonsdale marks: see Trademark Licensing Co v Leofelis [2009] EWHC 3285 and [2010] EWHC 969 (Ch) and Leofelis SA v Lonsdale Sports Ltd [2008] EWCA Civ 640 and [2009] EWCA Civ 457.

Company Acquisitions

He has advised and acted in many disputes arising out of company acquisitions and share sale agreements: e.g. NRG Victory v Bacon & Woodrow [1997] LRLR 678; Ketchum v Group Public Relations [1997] 1 WLR 4, CA; and British Gas Trading Ltd v Eastern Electricity (1996, Comm Ct and CA).

Shipping

He has appeared in many shipping cases from arbitrations to the Privy Council, especially cargo and oil shortage claims, and charterparty disputes. Notable cases include: AIG v Mobil (2005, Comm Ct); Derby Resources AG v Blue Corinth Marine ("The Athenian Harmony") [1998] 2 Lloyd's Rep 425 (measure of damages for oil contamination); The Pioneer Container [1994] 2 AC 324, PC (the leading case on bailment on terms); Guardian Ocean v Banco do Brasil [1994] 2 Lloyd's Rep 152, CA (ship financing); Noten v Harding [1990] 2 Lloyd's Rep 83, CA.

Sale of Goods and International Trade

Experienced in sale of goods law, including retention of title, rejection and breach of warranty claims, conditional sale and hire purchase agreements, finance leasing, commercial credit and security. Notable cases include: Albright & Wilson v Biachem & Others [2002] 2 All ER (Com) 753, HL; Hertford Foods v Lidl [2001] EWCA Civ 938, CA; and Atari v Electronics Boutique [1998] QB 539, CA.

Technology

He has advised and acted in many cases relating to computer and telecom systems, involving such issues as breach of warranty, misrepresentation, the application of the Unfair Contract Terms Act and the reasonableness of exclusion, limitation and entire agreement clauses. See e.g. South West Water v ICL [1999] Build LR 420; Airtours v EDS (TCC, 2001).

Jurisdiction and Conflict of Laws

He has acted in many substantial jurisdiction disputes. Notable cases include Trademark Licensing Co v Leofelis [2009] EWHC 3285 (Brussels Regulation; Lugano Convention); Petrotrade Inc v Smith [1998] 2 All ER 346 (Brussels Convention); The Pioneer Container [1994] 2 AC 324, PC (jurisdiction clause and forum non conveniens); Dresser UK v Falcongate [1992] QB 502, CA (Brussels Convention). Also experienced in cases involving foreign law, and the enforcement of foreign judgments.

Injunctions

Very experienced in all types of injunction proceedings, particularly freezing orders. Leading cases concerning freezing orders in which he has appeared include Motorola Credit Corporation v Uzan [2004] 1 WLR 113, CA (worldwide freezing orders granted in aid of foreign proceedings) and Ketchum v Group Public Relations [1997] 1 WLR 4, CA (availability of post-judgment freezing order pending appeal).

Arbitrations

Regularly appears as counsel before legal and lay arbitrators, and sits as an arbitrator. Experienced in arbitration law including anti-suit injunctions, challenges to the appointment and jurisdiction of arbitrators and enforcement of awards. Notable cases include Laker Airways v FLS Aerospace [2000] 1 WLR 113 (application to disqualify an arbitrator on grounds of alleged conflict of interest).

Other Areas

In his early years of practice he appeared in many cases in the magistrates courts, county courts and employment tribunals.

He has acted in various judicial review proceedings: significant cases include R v Commrs of Inland Revenue, ex p Ulster Bank [1997] STC 832, CA; Hong Kong Takeover Panel v Cheng (30.10.95, PC); and R v Fernhill Manor School [1993] 1 FLR 620.

Has advised on many defamation claims and appeared in two jury trials of defamation actions.

Publications

Halsbury's Laws of England, 4th Edn 1989 Reissue and 2002 Reissue, title ‘Barristers'.