Neil Calver QC’s Commercial Law CV

Commercial Litigation

Neil Calver QC has a wide ranging commercial litigation practice. An illustration of the breadth and depth of his practice is provided by the fact that he has in recent years acted as counsel in the following range of cases:

  • In the leading authority on a broker's duty to account to his principal: Equitas v Horace Holman [2007] EWHC 903 (Comm);
  • In Heaton v AXA Equity and Law [2002] 2 AC 329, the leading House of Lords decision on the liability of concurrent contract-breakers;
  • For Sir Elton John in his widely publicised professional negligence litigation against his former auditors, PriceWaterhouse Coopers: John v PWC [2002] EWCA Civ 899 (CA) and [2002] 1 WLR 953.
  • In a number of cases for Dieter Bock, the German industrialist arising out of a number of disputes with Tiny Rowland, for example: Rowland v Bock [2002] 4 All ER 370;
  • In Petroships v Petec [2001] 2 Lloyds Law Rep 348, a leading authority on challenges to arbitral awards under sections 68 and 69 of the Arbitration Act, and the circumstances in which arbitrators can be removed from their post.
  • In Walker v Rowe [2000] 1 Lloyds Rep 116, the leading authority on the award of interest on costs, after the making of an arbitral award.
  • In The Sivand [1998] 2 Lloyds Rep 97, the leading Court of Appeal authority on the applicable rules for remoteness of damage in a tortious claim, which arose out of a ship's collision with a jetty;
  • Brown v Bennett [1998] 2 BCLC 97: acted for the entrepreneurial Bennett brothers in relation to their successful defence of a substantial claim arising out of their acquisition of Oasis clothing stores.
  • Ernst & Young v Butte Mining [1997] 1 Lloyds Rep 313, a leading authority on section 35 of the Limitation Act 1980.

Neil has recently acted in a wide range of commercial disputes, ranging from:

i. acting for AstraZeneca in major pharmaceutical dispute concerning the termination of a License Agreement for the development of an anti-cancer drug compound;

ii to acting in a commercial dispute under an Agreement for the exploitation of hand held bingo devices. Neil advised on the law and strategy over a period of months; settled proceedings for injunctive relief; and the case then settled with a successful outcomel;

iii. to successfully striking out a long-running challenge to a famous London gaming casino's expulsion of one of its members. The commercial dispute lasted 2 years and every court appearance was successful.

Neil has also recently been acting in a number of cases for Brewin Dolphin, the long established broking house, arising out of the split capital investment trust enquiry by the Parliamentary Select Committee and related litigation.

Insurance law

Neil has extensive experience as a trial/arbitral advocate and as an appellate advocate in all areas of insurance litigation, including complex liability, property, contingency, professional indemnity, fidelity, contractors' all risk, and financial guarantee insurance disputes. He also frequently sits as an arbitrator in relation to insurance and reinsurance disputes.

Neil has acted in many of the leading insurance cases of the past decade, and as an illustration of the diversity of his insurance practice, these including BP v Ge Frankona [2003] 1 Lloyds Rep 537 (concerning the time when declarations had to be made under an offshore fac/oblig construction all risks open cover; Sphere Drake v Orion [2001] 1 LLR 1, in which acting together with Jonathan Sumption QC, they persuaded the Court of Appeal to make new law concerning when the perjury of a witness may be imputed to a party who called the witness to give evidence, arising in the context of the run-off of an insurance pool; Eastern European Shipbuilding, a market-wide insurance arbitration between numerous underwriters at Lloyds following the collapse of communism and the break up of former Yugoslavia; AIG v QBE [2001] 2 Lloyds Rep 268, a leading case on whether a jurisdiction clause in an underlying insurance policy is incorporated into a reinsurance contract by reason of "as original" wording; Euler Hermes v Apple Corps [2004] EWHC 1584 (Comm), in which Neil acted for Apple Corps in relation to a dispute under a trade indemnity insurance policy; Syndicate 1242 v Morgan Read & Sharman Ltd [2003] Lloyds Rep IR 412, a case concerning whether the claimant, Syndicate 1242 at Lloyd's, had granted a binding authority to the defendants, Lloyd's brokers, to write travel insurance business for the general public in the UK; NLA v Bowers [1999] 1 Lloyds Rep 109, which remains one of the leading authorities concerning the application of the House of Lords' decision in West Bromwich and the permissible use of factual matrix material in construing a Lloyd's slip policy; Murphy v Young [1997] 1 Lloyds Rep 236, still one of the leading cases on when insurers, funding litigation, can be made liable for the costs of the action.

Most recently:

i. Neil has acted for Aspen in the leading authority of Aspen v Pectel [2008] EWHC 2804 (comm), in which Neil acted for the successful insurers who avoided liability under  a property policy by reason of the late notification of a claim (breach of a condition precdent to liability).

ii.  Neil also acted for the successul Insurers, Brit, in a further case [Loyaltrend v Brit [2010] EWHC 425 (Comm)] concerning when a policy will fail to respond by reason of failure to give timely notice of a claim. The Court followed Pectel and added further reasoning for rejecting the claim.

iii. Neil is currently acting in a third such case for insurers who allege a breach of warranty by reason of a failure ton instal sprinklers in a warehouse in which a fire broke out. 

iv. Neil is currently acting for APG, brokers, in respect of a negligence claim under marine and non-marine insurances; the dispute contains allegations of fraud.

v Royal Bank of Scotland in respect of the successful resolution of its insurance coverage dispute with construction all risks insurers;

vi. For insurers in a major product liability insurance claim (pharmaceuticals), on the Bermuda arbitration form, where the insurers were seeking to avoid for non-disclosure/misrepresentation;

Neil also frequently acts for and against insurance brokers in negligence actions, having acted most recently for Syndicate 957 in its negligence action against Aon arising out of the placement of quota share protection, as well as for Equitas in its successful action against its brokers, Horace Holman: Equitas v Horace Holman [2007] EWHC 903 (Comm). Indeed, Neil has been the counsel of choice for Equitas in a wide variety of insurance disputes and reinsurance disputes in recent years, in particular in actions against brokers for the recovery of sums owed pursuant to the Reconstruction and Renewal Assignment at Lloyds.

Reinsurance law

Neil has acted extensively in numerous high profile reinsurance disputes in recent years, both in London market arbitrations and in court proceedings, including some of the leading reinsurance cases of the past decade. He frequently acts for and against Lloyds' insurers and reinsurers as well as the corporate reinsurance market in disputes concerning, by way of example, quota share reinsurances, surplus treaty reinsurances, hull all risks reinsurances and war risks reinsurances (having recently acted for War Risks Reinsurers in a large-scale, complex market arbitration concerning theft of aircraft in a foreign jurisdiction, as well as having recently acted for War Risks Reinsurers in two separate arbitral disputes concerning the theft of helicopters in Colombia). He also regularly acts in reinsurance broking disputes.

The strength of his reinsurance practice is demonstrated by the fact that he successfully represented AGF (against JOnathan Sumption QC) in the landmark reinsurance case of Wasa and AGF v Lexington, which was the last case heard by the House of Lords before it became the UK's Supreme Court. This was probably the most important Reinsurance case for a decade, concenring as it did back to back reinsurance and the effect of Vesta v Butcher.

Neil successfully acted as Leading Counsel in an international reinsurance arbitration (together with Michael Crane QC) for a Lloyds' syndicate in first case to determine the meaning of the Original Insured Marine Market Loss Warranty ("OIMMLW") wording in a Lloyd's policy; case arose out of 9/11 World Trade Centre terrorist attack. 

Neil is also currently acting for a Lloyd's syndicate in a major market dispute arising under marine excess of loss reinsurances as a result of the events of 9/11. He has also very recently acted in market reinsurance disputes arising out of losses caused by Hurricane Katrina.

Some other notably high profile reinsurance court cases in which Neil has acted in recent years (other than arbitrations) include Bonner v Cox [2004] EWHC 2963 (Comm), a multi-party reinsurance trial concerning "writing against" excess of loss reinsurers under the Aon 77 Energy cover; Cottrell v General Cologne Re [2004] EWHC 2402 (Comm), a dispute arising out of the cession under a quota share reinsurance of a large quantity of US D&O high tech and dot com risks following the decline of the US equities markets in the late 1990s; Wurttembergische v The Home Insurance Company [1999] Lloyds Rep IR 397 and [1997] LRLR 86, in which a series of complex disputes were determined by the Court arising out of a Reinsurance Pool Treaty.

What the directories say about Neil's Commercial Law and Insurance / Reinsurance litigation practice:

  • "One of the go-to silks of his generation" (Legal 500 2009)
  • "Neil Calver QC is considered "one of the best junior silks at the Bar." " (Chambers & Partners 2010)
  • The "charming and effective" Neil Calver QC is known for his "elegant, succinct opinions, commerciality and dedication to his work." (Chambers & Partners 2011)
  • Sources are full of praise for his "intellectually sound analysis and extremely impressive advocacy." (Chambers & Partners 2011)
  • "Neil Calver QC is ‘just fantastic'" (Legal 500 2010)
  • "A favourite of clients and highly regarded thanks to his "manifest capabilities" (Chambers & Partners 2010)
  • "Interviewees are particularly impressed by "his ability to get a complex argument over clearly, accurately and elegantly."" (Chambers & Partners 2010)

Aviation Law

Neil has developed a specialist practice in Aviation law, and has recently acted in some of the major aviation market disputes.

In 2010 Neil acted as Leading Counsel in a major market arbitration concerning the theft of aircraft by flying them to Iran; he advised Lloyds insurers on the merits and the appropriate strategy concerning the hull policy to which they subscribed.

Neil also acted in large scale market aviation arbitrations, including the alleged theft of a fleet of aircraft in mexico and two separate arbitrations concerning the theft of helicopters in Columbia allegedly by FARC guerrillas. Neil's successful arguments in the latter case led to a change in the way that the London Hull and War Risks Reinsurers approach the issue of apportionment of liability between them in the case of helicopters which are frequently stolen in Colombia.

Neil also recently acted in the successful resolution of a protracted dispute between insurers and the executors of the estate of a deceased pilot and his passengers, arising out of the crash of a bell helicopter in Somerset.

Neil also acted for a well known helicopter manufacturer concerning questions of construction arising out of contract for sale and operation of helicopters by a Police Force.

Neil also acts as an arbitrator in aviation disputes and in the last year he acted in particular with Andrew Lydiard QC as co-arbitrator in an avaiation arbitration dispute.

What the directories say about Neil's aviation law practice:

Chambers & Partners:

  • "One of the go-to silks of his generation" (Legal 500 2009)  
  • "Neil Calver QC is considered "one of the best junior silks at the Bar." " (Chambers & Partners 2010)
  • "tough and thorough yet accessible to clients." (Chambers & Partners 2011) 
  • "Highly regarded thanks to his manifest capabilities" (2010)
  • 'Clients have great confidence in his ability' and view him as 'certainly a star silk of the future.' (2009)
  • ‘highly recommended for his accessibility... thoroughness, and logical approach' (2008)

Sports and Media/Entertainment Law

Neil also has a specialist Sports law practice, having frequently acted in recent years in Formula One disputes and football disputes. Neil first acted for the Williams Formula 1 team in their dispute with their Chief Engineer, Adrian Newey, when he announced that he wished to leave Williams to take up a similar role at McLaren. This raised issues concerning the law of confidentiality, restraint of trade and other delicate contractual issues. Williams successfully enforced a 2 year period of "gardening leave" for Mr. Newey, thereby safeguarding the trade secrets of the Williams car and engine. Thereafter, Neil has continued to act for Williams in a wide variety of Formula 1 sporting disputes, has acted for Cosworth, the Formula 1 engine suppliers, and he has also acted for McLaren and others in relation to racing disputes. Neil also has extensive experience of legal disputes in the world of professional football and has recently acted for, amongst others, Reebok in a major sponsorship dispute with Liverpool Football Club, and for Cargiant in a sponsorship dispute with Queen's Park Rangers Football Club.

So far as Neil's media and entertainment law practice is concerned, Neil frequently acts for high profile popular musicians and some of his best known cases include acting for Sir Elton John in his professional negligence action against PricewaterhouseCoopers [2002] EWCA Civ 899; for Michael Bolton in his copyright infringement dispute with EMI and for Chris De Burgh in his copyright and contractual dispute with Tring Records.

What the directories say about Neil's Sports, media and entertainment law practice

  • "One of the go-to silks of his generation" (Legal 500 2009)  
  • "Neil Calver QC is considered "one of the best junior silks at the Bar." " (Chambers & Partners 2010)
  • ‘has carved out a niche in Formula One' (2005)
  • Recommended Silk in Media, Entertainment and Sports Law section (2009)

Banking and Finance

Neil has been involved in a number of high profile international financial fraud trials in recent years, perhaps the most publicised being the case in which he acted for HSBC in its successful defence to claims of breach of contract and fiduciary duty from various investors, as a result of a fraud perpetrated on the investors by Michael Brown, a Liberal Party donor, using HSBC accounts. This long running litigation required a good deal of strategic thought, and this saw Neil acting on behalf of HSBC in successfully obtaining freezing orders, third party disclosure orders and Norwich Pharmacal relief. The claim against HSBC failed at trial.

By way of example of Neil's current banking work, in 2010 Neil advised Barclay's Bank as Senior Noteholders on a series of difficult issues of construction of a Commercial Collateral Management Agreement and Trust Deed;

He also advised an International Bank in respect of the Defendant's refusal to allow the substitution of federal governement bonds under a Master Repo Agreement;

And he advised Deutsche Bank  on difficult questions of contractual construction as a result of which the client concluded a favourable re-negotiation of that agreement.

What the directories say about Neil's banking and finance practice

  • "One of the go-to silks of his generation" (Legal 500 2009)  
  • "Neil Calver QC is considered "one of the best junior silks at the Bar." " (Chambers & Partners 2010)
  • ‘always prepared', highly tactical approach', ‘thoughtful and determined' (2007)