Brick Court Chambers

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‘One of the super-sets’, Brick Court Chambers is ‘an all-round strong’ set with ‘a large selection of high-quality competition law specialists’, ‘top commercial counsel’, ‘an excellent chambers for banking litigation’, and a ‘go-to’ set for public administrative law.
The Legal 500 2020
The clerks’ room ‘sets the benchmark’ for other sets with its ‘friendly, knowledgeable, and hardworking’ clerks.
The Legal 500 2020
"An outstanding commercial set with a track record of excellence across its core areas of work."
Chambers & Partners 2018
"A set that is singled out for its "first-rate" clerking and "client service-oriented, commercial approach."

Choice of proper law under Article 4 of Rome II unsuitable for summary determination


The Commercial Court has dismissed an application for summary determination of the choice of the proper law of the torts in a case of alleged conspiracy in relation to an investment structure. The defendants sought summary judgment on the choice of law for the torts, contending that Luxembourg law applied under Rome II. The claimants' case was that English law applied but that in any event, the court could not safely decide until trial. The court additionally considered issues as to reflective loss of secured creditor claims, the pleading and scope of section 423 of the Insolvency Act 1986 and the scope of a security assignment.

Flaux J held that all these matters should await the full trial of the action.

Tim Lord QC, Thomas Plewman SC and Craig Morrison represented the defendants, instructed by Reynolds Porter Chamberlain.