Chancery and commercial Bar: Stars at the Bar
The future of the Bar always sparks a fiery debate, and never more so than now, with the Legal Services Act (LSA) opening up new opportunities set to reshape the future of the legal profession. The upcoming changes have split lawyers into two camps: there are those who see it as a dying profession, with barristers unable and unwilling to change, and others who see the Bar as a vital part of our legal system going forward, which is opening up to modern practices.
October 06, 2010 at 04:37 AM
13 minute read
Emerging legislation is reshaping the Bar, with much debate arising over its future direction. Claire Ruckin profiles 10 up-and-coming barristers pegged among the best of the new generation
The future of the Bar always sparks a fiery debate, and never more so than now, with the Legal Services Act (LSA) opening up new opportunities set to reshape the future of the legal profession.
The upcoming changes have split lawyers into two camps: there are those who see it as a dying profession, with barristers unable and unwilling to change, and others who see the Bar as a vital part of our legal system going forward, which is opening up to modern practices.
The Bar has not been immune to the effects of increasing pressure on clients to reduce costs and seek value-added services from their legal advisers. A large majority of sets have become savvier about marketing, have increased their client focus and are now willing to be open to discussions on alternative pricing methods.
And the debate over the future of the Bar is particularly relevant for the next generation of up-and-coming barristers, whose roles will be greatly impacted by the changes.
This year's stars at the Bar were chosen based on Legal Week research and the opinions of over 70 people within the Bar – both in regional and City sets – as well as instructing solicitors. In order to be considered, all candidates had to be called 10 years or fewer and had to be a member of the commercial or Chancery Bar.
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Sushma Ananda – 7 King's Bench Walk
Called to the Bar: 2007
Education: Singapore Anglo-Chinese Junior College; University of Cambridge
In a relatively short space of time Sushma Ananda has made a big impact. Those instructing her have said: "Although very junior and only three years call, Sushma punches far above her weight. She has impressed everyone on the team. She is thorough and diligent, has good judgement, clear drafting and has done some effective cross-examination to boot."
One of her first big cases involved defending the Liberian Government against alleged vulture funds. She was acting on her own against a silk. She describes the case as "pretty intimidating but a very good experience". She is preparing to go to the Court of Appeal later this year representing insurance company Generali against Orient Express hotels out of a claim arising from the damages suffered as a result of Hurricane Katrina and Rita.
With firms such as Freshfields Bruckhaus Deringer, Kennedys and Dewey & LeBoeuf already instructing her, Ananda looks set to have a bright career.
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Steven Reed- No5 Chambers
Called to the Bar: 2005
Education: Brentwood School, University of Kent
Steven Reed had an exciting start to his career, successfully acting for the Football Association during his pupillage over the ownership of intellectual property rights for England mascot World Cup Willy. He cites winning this case as the proudest moment of his career.
He has gone on to advise on a number of interesting copyright infringement and defamation cases, such as defending the BBC in a £350,000 copyright infringement case; successfully representing the boyfriend of one of the finalists of Britain's Next Top Model and receiving substantial damages from the Daily Mirror; and acting in a case involving fake eBay postings.
Asked what he loves most about the Bar, Reed comments: "I like being self-employed and I like the chambers system. You can rely on the support of other people to get advice and draw from their experience, but you work by yourself to build your own reputation – that's what motivates me to get up in the morning."
One commentator says: "He has a practice and following years ahead of his call but his relatively junior call is ignored by clients who see him as a personable, intelligent, commercially-savvy advocate with a maturity beyond his years."
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Nik Yeo – Fountain Court
Called to the Bar: 2000
Education: Geelong Grammar School (Victoria, Melbourne); University of Melbourne; University of Oxford
Nik Yeo was always attracted to the Bar but took a while to get there. He initially qualified in Australia and worked as a solicitor in Melbourne for Allens Arthur Robinson before moving to the UK to study for his Bachelor of Civil Law (BCL) at the University of Oxford.
Prior to joining the Bar, Yeo was a law lecturer at Wadham College before realising a life of academia was not for him. He joined Slaughter and May as a transactional lawyer for three years but, deciding he was attracted to the prospect of being a barrister, he made the switch and joined Fountain Court. He advises: "Anyone keen enough to join the Bar should do it."
Yeo has worked on a number of high-profile cases including working with Norton Rose advising Lehman Brothers in various applications in the insolvency of the UK Lehman entity.
His transactional strength, alongside his litigation ability, made him attractive to HM Treasury, which instructed Yeo alongside Slaughter and May to advise on the latter stages of the Government's £300bn asset protection scheme, set up to protect banks against toxic debt.
One instructing partner comments: "He is technically superb while at the same time very practical and client friendly. He was a solicitor before re-qualifying at the Bar and this certainly gives him a good understanding of client needs."
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Stephen Midwinter – Brick Court Chambers
Called to the Bar: 2002
Education: Verulam School; University of Cambridge
Stephen Midwinter wanted to join the Bar from a young age. He recently rediscovered a piece of school work in which he, age 11, writes: "When I grow up I want to go to university to study law and be a barrister in London."
Instructed by law firms including Skadden Arps Slate Meagher & Flom, Clyde & Co, Herbert Smith, DLA Piper and Barlow Lyde & Gilbert, Midwinter has acted on a number of high-profile disputes. Of note, he successfully struck out a case brought against client Roman Abramovich in 2008 by Russian company Yugraneft, the oil production subsidiary of TNK-BP.
Another notable case saw Midwinter appear in the House of Lords representing AGF in the landmark reinsurance case of Wasa and AGF v Lexington. The judgment was handed down on the last day the House of Lords was operating.
He says the best moments are the small victories he wins by himself, such as winning a freezing injunction that was important to a client. With influences such as Brick Court Chambers' Mark Howard QC, Midwinter's advice to newcomers would be to "stay optimistic and don't be put off".
Instructing solicitors say: "We have instructed Stephen, and seen him on the other side in commercial disputes concerning complex financial instruments and allegations of misrepresentation and civil fraud. He is bright, good on paper and unafraid to give pragmatic and robust advice. He has been well regarded by silks with whom he has worked."
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James Willan – Essex Court Chambers
Called to the Bar: 2006
Education: Loughborough Grammar; University of Cambridge
James Willan is celebrating the recent win of approximately £400m for his client Yukos after a long-running battle with Russian oil company Rosnef, which was brought in both the English courts and the British Virgin Islands (BVI). He says he is most proud of this case as it was "hard fought and we made interesting new laws on freezing orders in the UK and BVI".
He also took a role in the high-profile Tajik Aluminium Company (TALCO) case representing first defendant Ermatov.
Cited by instructing firms as "one of the brightest up-and-coming juniors", he cites Essex Court Chambers' Bernard Eder QC as a great influence: "He has been a great support and someone there to chat things through with and encourage."
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Jonathan Hilliard – Wilberforce Chambers
Called to the Bar: 2003
Education: King Edward VI School; University of Cambridge
A big hitter in trusts, pension funds and regulatory work, Jonathan Hilliard has been instructed by top firms including Freshfields Bruckhaus Deringer, Slaughter and May, Hogan Lovells, Taylor Wessing, Travers Smith and Macfarlanes.
Instructing solicitors refer to him as: "absolutely brilliant, someone with lots of brain power – impresses silks and solicitors alike". Others say he "completely outflanks some senior members of the Bar".
Top cases include acting for pension trustees in the high-profile case involving Independent Trustee Services (ITS) where he successfully recovered £32m from GP Noble Trustees in a High Court hearing.
He has also acted for the trustees of a pension scheme fighting the Government over its guarantee on the privatisation of BT as well as acting in litigation relating to the collapse of Lehman and Nortel.
Hilliard says all the QCs in his chambers are a great influence but cites Brian Green QC as "absolutely phenomenal, great to work with and even better to see in action".
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Emily Gillett – New Square Chambers
Called to the Bar: 2005
Education: Malvern St James; University College London; Universite Paris II
Emily Gillett first became interested in the law at the age of 10 when her mother was involved in a legal matter and was dissatisfied with the service. From then on, Gillett got involved in public speaking and debating at school and the Bar seemed like a natural progression.
Delivering his judgment after her first trial, the judge said Gillett was inescapably correct – this judicial recognition was Gillett's proudest professional moment; it was then she knew the job was "worth it".
Top cases include an instruction from Hogan Lovells to act for BTA Bank in relation to the $300m (£192m) offshore fraud of a number of individuals.
Gillett is instructed by firms including Withers, RadcliffesLeBrasseur and Addleshaw Goddard and solicitors regard her as "very young but someone with a lot of sense".
Advice Gillett would give to people starting out at the Bar is: "Make sure you are doing it for the right reason. Do it because you are impassioned about standing up in court, getting people to see your argument and excited by the use of language. Don't do it because you think there is going to be great money, because dragging a suitcase to a county court somewhere ain't glam!"
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Elizabeth Fitzgerald – Falcon Chambers
Called to the Bar: 2001
Education: St Edward's College; King's College London
Elizabeth Fitzgerald's cases include advising Star Energy UK Online against Bocardo in relation to trespassing compensation for the extraction of oil. She also advised on a trespassing case involving extracting oil from beneath the Al Fayed family estate.
She has had an impressive roster of work, having been instructed by firms including Norton Rose, Hogan Lovells, Olswang, Eversheds, Denton Wilde Sapte and Freshfields Bruckhaus Deringer. One instructing solicitor says she is "very bright, user friendly, commercial and good on her feet even in front of the most prickly of judges".
To anyone looking for a career at the Bar, Fitzgerald says: "You get a lot of negative advice when you first come to the Bar and people say how hard it is. Take that advice seriously but also remember that someone has to come to the Bar and make it… so if you want it badly enough, you have to try or you won't get anywhere."
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James Segan – Blackstone Chambers
Called to the Bar: 2004
Education: King Henry VIII School; University of Oxford
James Segan is currently involved in acting for the Crown against MPs to determine if they are protected under parliamentary privilege from criminal prosecution if charged with expense fraud. The case was heard most recently by the Court of Appeal and is set to go to the Supreme Court in the autumn, with Segan acting under Blackstone Chambers' Lord Pannick QC.
Having set his sights on joining the Bar from an early age, he advises anyone going into the profession that "preparation is everything".
With a loyal following from a number of firms, he has worked with Baker & McKenzie, Taylor Wessing, Allen & Overy and Olswang. Segan cites No5 Chambers' Brian Dean as a big influence, having been taught the ropes by him while on a mini pupillage.
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Emily Wood – Essex Court Chambers
Called to the Bar: 2006
Education: St George's School; University of Oxford; University of Cambridge
Emily Wood recently acted in a big arbitration representing Diageo against SABMiller in order to lift a commercial court injunction that was preventing Diageo from entering into a joint venture with a Tanzanian brewery company.
She has also acted for Kuwait Airways in the enforcement of a $1.2bn (£759m) judgment against Iraq Airways. The origins of the dispute have been ongoing for 20 years, so Wood was especially pleased to play a role on the most recent aspects of the long-running case. Solicitors have referred to Wood as "fabulous, bright, calm, commercial and great to work with".
Wood said she likes the Bar because: "It gives you the opportunity to lock yourself away in a room and look at legal principles while still allowing you to apply it to resolve business disputes." However, her advice to those joining the Bar is: "Don't be put off, especially by the financial situation, which can be quite daunting. The responsibility you get very early on in this career is unlike any other profession which makes the long hours, hard work and debt incurred worthwhile."
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Highly-commended up-and-coming barristers
Other barristers to come highly commend are: George Spalton of 4 New Square; James Edelman of One Essex Court; Sarah Love of Brick Court Chambers; Ciaran Keller of Maitland Chambers; and Sebastian Isaac of One Essex Court.
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