Ben Rigby profiles the 10 most acclaimed young commercial advocates making their mark in a fiercely competitive arena

Commercial by practice area and in spirit, the junior barristers Legal Week has spoken to justify the chairman of the Bar Michael Todd QC's faith in their ability and the profession's investment in their future – a key theme of his year of office.

In December 2011, he called for "a young Bar to be proud of… and to be supported" as the future of the profession, noting: "It is among our most junior members that we have made particular strides in terms of diversity. They are more reflective of our society. We simply cannot allow them to be undermined."

11 Stone Buildings' chancery barrister David Nicholls, this year's chairman of the Young Barristers' Committee, agrees that diversity remains a concern: "Equality of opportunity is the goal and the root cause of the problem lies in the education system – the quality of your education should not vary wildly depending on demographics.  Clearly, these wider problems cannot be solved by the Bar." 

But he warns: "We have to exercise a degree of caution," given the numbers of pupillages on offer every year was low, reflective of the opportunities available for tenancy.

While encouraging meritocracy, Nicholls warns against "huge numbers of people applying who are not good enough and who will end up seriously in debt as a result of bar professional training course (BPTC) fees".

He also hopes that reforms proposed by the Bar Standards Board to aptitude tests and the Legal Education & Training Review may assist people.

Socially mobile

Social mobility is something that many barristers Legal Week contacted for this article were conscious of. Blackstone Chambers' Robert Weekes points out the role of individual chambers in helping to reach out beyond Oxbridge, citing his set's involvement in sponsoring the Inner Temple inter-varsity debating competition.

He argues: "We think it is a great opportunity to bring students into contact with the Bar, and it's thoroughly meritocratic too. On the day, the best team (from whichever university) should win."

Four New Square's George Spalton – as chairman of the Junior Commercial Bar Association (COMBAR) – stresses the efforts made by the Bar, including the Inns of Court, especially with regard to funding for the BPTC.

He says: "Specialist Bar associations and chambers now encourage students from across the board to become barristers. Over the past two years, it has been amazing to see the amount of time and resources [dedicated] to ensuring [students] are aware of all available opportunities and funding."

Fountain Court's Natasha Bennett believes: "Across the Bar, there is a real commitment to recruiting the best candidates regardless of their background.

"A lot of time and effort really does go into thinking about the recruitment process and ensuring that it is as fair and transparent as possible. I sit on the pupillage committee for my chambers, so I can vouch for that."

That view is echoed by Maitland Chambers' Ciaran Keller, whose own set, as does Spalton's, participates in the Social Mobility Foundation scheme, operated in conjunction with the Bar Council, through which talented students from disadvantaged backgrounds spend time in chambers.

Keller says: "Hopefully, such initiatives will pay dividends in terms of the diversity of the Bar in the future."

A perfect storm

Another topic of debate at the junior end of the Bar remains over ongoing concerns flowing from the difficult Parliamentary progress of the Legal Aid, Sentencing and Prevention of Offenders Act.

It simultaneously reformed civil justice costs, implementing Lord Justice Jackson's review, as well as implementing swingeing cuts to legal aid.

Add to that mix referral fees, the potential impacts of the highly contentious Quality Assurance Scheme for Advocacy (QASA), and competitive pressures from solicitor advocates and alternative business structures (ABS), and it is easy to see why the junior Bar might feel battered in a perfect storm of reform.

Nicholls stresses that cuts in fees, less work, and the burdens and cost of increased regulation "are felt ever more acutely by young barristers".

For young barristers, cuts to already very low fees and reductions in the amount of work exacerbate their already difficult circumstances, given an increasing undergraduate, postgraduate and vocational debt burden.

Sometimes, he says, "it means they have to leave the profession altogether" or go in-house. 

The introduction of ABSs is still uncharted terrain at the Bar and as such, questions remain over the impact.

11 Stone Buildings' Nicholls says: "Everyone is quietly waiting, watching to see who will make the first move and how. But I suspect the fundamentals of practice won't change."

Spalton says: "All barristers, especially those at the junior end, are conscious of the new opportunities offered by the changing regulatory and commercial environment."

That includes, for some, working in new corporate structures, closer with clients – and possibly client money – in coming years.

Fountain Court's Rupert Allen agrees: "Some barristers may change their practising arrangements as a result of reforms introduced by the Legal Services Act 2007."

However, in his view: "The independence and consistent quality of the commercial Bar in England is one of the top selling points of our legal system to the rest of the world."

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Natasha Bennett, Fountain Court Chambers
Called in 2009

Natasha Bennett clearly has an impressive future ahead of her. One to match a glittering academic career, having won a string of awards at both Oxford and Cambridge, as well as achieving the highest mark for the BCL (Bachelor in Civil Law) in her year at Oxford. 

"Those years trained me to think like a lawyer and to address legal problems in a clear and analytical way," she says, having also taught at Kings' College London part-time while still at Bar school.

That experience "was great training in explaining complex legal topics in a logical and understandable way – a skill that often finds favour with judges". 

Her financial services, banking, insurance and professional negligence experience has already seen both onshore and offshore use, being frequently led by Fountain Court's senior silks, as well as appearing unled.

Bennett herself says she was attracted to Fountain Court because of the quality of the set's work in high-profile commercial cases, such as the bank charges litigation.

Despite that, she says: "There is a culture of modesty that runs through the set, making it a very friendly place to work in."

Secondments at Barclays and Addleshaw Goddard have also exposed her to the realities of both banking and oligarch litigation, as well as in-house and City solicitors' practices.

Solicitors say her drafting is "well thought-out and accurate", while she is "always happy to provide quick and helpful advice in writing and by telephone when required".

One solicitor says: "Natasha is extremely bright and user-friendly"; another praises her advocacy, saying she "grasped the detail of the dispute quickly, and did a good job on her feet".

Her contemporaries mark her out strongly; one praising her as "incredibly efficient, a great team player and a pleasure to work with", and with "wisdom beyond her years". A bright future awaits.

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Nick Sloboda, One Essex Court
Called in 2007

One Essex Court's reputation as an incubator for advocacy is well merited, having been represented throughout the six years since this annual feature first began (five juniors were represented in 2007, when Nick Sloboda was called to the Bar).

Sloboda has indirectly been the beneficiary of that process. He was instructed by Hogan Lovells for SABMiller in the SABMiller v Diageo [2009-2011] disputes over beer distribution rights in East Africa. Most recently, he has been instructed by Slaughter and May to represent a Kazakh bank in a billion dollar fraud claim.

Sloboda says: "The best part of working on these cases is being part of a team. I didn't come to the Bar to be stuck in the quiet of my room on my own. I like chatting ideas through with my co-counsel and instructing solicitors."

He says he has been fortunate in working with some of the absolute best, such as former pupil-masters Alain Choo Choy QC and Daniel Toledano QC. Both were picked as Stars at the Bar in 2007.

For their part, solicitors say Sloboda "has a razor-sharp intellect and a staggering ability to remember key details in complex cases". One City partner says he is "committed to the client's cause and a really nice man to work alongside. Certainly one to watch".

Sloboda himself says: "I am pretty easy to work with. I'm always willing to muck in with any aspect of a case – which I think is crucial as a commercial junior."

In pursuance of this, he says: "I've worked out of solicitors' offices for long periods in heavy cases, including a month at Hogan Lovells" – which he really enjoyed – "particularly the staff canteen, which made a nice change from yet another takeaway in chambers!"

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Jern-Fei Ng, Essex Court Chambers
Called in 2002

Jern-Fei Ng achieves plaudits not just for a span of work notable for both its depth and breadth, but also for a combination of personality and perspicacity that few might match.

He is well-known in tax circles for his experience in VAT cases, having appeared as sole counsel on behalf of the Royal Bank of Scotland in the leading abuse of right case heard by the European Court of Justice against the British, German, Irish, Italian and Danish governments.

Yet his litigation experience is also top-class, having appeared in the Fiona Trust [2011] shipping litigation. One partner describes him as having "encyclopaedic" knowledge; another praises his "exceptional presentation skills, not only in court and written opinions, but at conferences and seminars".

Ng also represents the truly international dimension of the commercial Bar, regularly appearing in arbitrations in Singapore, Dubai and London.

He has also organised a highly successful mooting competition for young lawyers in Singapore, and the range of Asian clients, which he has acted for, is likewise testament to a blue-chip practice that has also seen him instructed by City law firms, London shipping boutiques and major banks.

Ng appreciates "the epicentre of commercial dispute resolution is gradually moving eastward"; not for any decline in London work, but rather UK work "is being outpaced by growth in work from countries such as China, India, Indonesia and Korea".

Fully committed to Essex Court's office in Maxwell Chambers "to help better serve the needs of my clients", he says it has served as "a fillip to my development as an advocate", given that he frequently acts as sole counsel in arbitrations seated abroad.

One experienced chambers CEO praises him, saying his "enthusiasm for life, work and people is quite irrepressible and very infectious", hailing him as "an exceptionally good lawyer, who works extremely hard".

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Alexander Polley, One Essex Court
Called in 2005

One Essex Court's continuing success in developing good junior talent is not limited to Sloboda. Alexander Polley's interpersonal skills and clear professional acumen saw him easily recommended as a star by respondents.

Having been led by the set's head of chambers Lord Grabiner QC, Polley freely acknowledges that he has been lucky enough to be involved in a series of big cases, whether to trial or settlement.

From these, he has learned one important lesson: "How important it is to try to identify the biggest hole in your opponent's case at an early stage and then dig at it relentlessly."

He adds: "There's no substitute for being on your own feet, [or] for having to make the difficult judgment calls yourself."

For Polley, then, success as a junior advocate requires "a combination of insight and tenacity". Those skills are ones his proponents find easy to recognise in him.

One City partner says: "His written work is absolutely first rate; [articulating] even the most complex of arguments in a style that is both pithy and persuasive."

One senior lawyer adds: "He just gets what we need for a junior and is an invaluable member of every team he's on. And he's a very nice bloke."

Polley cites his set's David Wolfson QC as one inspiration: "He has a great combination of intellectual precision, sensible judgment and commercial savvy.

"He also manages to keep a sense of humour when the work is hard-going. I try to emulate those qualities as best I can."

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Robert Weekes, Blackstone Chambers
Called in 2003

A specialist commercial practitioner at Blackstone, the Commercial Court is familiar territory for Robert Weekes – highly commended last year and fully recognised this year – with several trials lined up for 2012. Unusually for a commercial junior, he appeared twice last year in the Supreme Court.

Yet it is the area of civil fraud, at trial or arbitration, where Weekes has really made his mark. Here, partners call him a "phenomenally hard worker and has a great grasp of detail, going the extra mile to polish pleadings".

One said Weekes was among the best juniors he had seen in 25 years' experience: "He has a superb brain allied to a keen tactical and strategic sense of what is right. The accuracy and quality of his written work is as good as I have ever come across."

Weekes himself stresses teamwork: "Commercial trials – perhaps more than most – often involve large teams and lengthy preparation. In many of my cases, I work alongside solicitors, counsel and experts in particular fields for months or years."

The international dimension of that work is, according to him, essential: "The Commercial Court in particular has become the go-to court for many of the biggest global disputes."

Having been called in the British Virgin Islands (and appeared there on several occasions), acted in a long arbitration in India, and travelled to the Middle East, Europe and the US to advise clients, Weekes points out: "Most of my cases in the Commercial Court involve foreign law or non-English parties, or both."

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Rupert Allen, Fountain Court Chambers
Called in 2005

With experience that spans aviation, professional discipline, commercial litigation, and banking and finance work, Rupert Allen's own recent high-value cases have included offshore litigation, arbitrations and cases involving the alleged mis-selling of interest rate swaps.

His work for the Solicitors Regulation Authority has seen him often led by his head of chambers, Timothy Dutton QC, on a series of heavyweight cases.

Allen has a reputation for dealing with "novel and important matters outside the usual commercial experience of his set", and as one City lawyer says: "If he's not a rising star, I don't know who is."

Allen is instructed by Shearman & Sterling, Matthew Arnold & Baldwin, Russell-Cooke and Bevan Brittan among others. He is seen by one leader as: "Phenomenally bright, [with] a first-rate analytical mind for deconstructing and solving the most difficult legal problems, allied with a great capacity for lateral thought."

Allen, who initially studied medicine, says he realised "I was too squeamish to become a doctor and [decided] to transfer to law", but adds that "the analytical and problem-solving skills I developed studying science have been very helpful to me as a junior barrister".

Academia, according to him, "is by no means everything: it is just as important to work well for long periods under pressure – sometimes independently, sometimes with others as part of a big team and with a sense of humour". 

He cites Stephen Rubin QC of his set as one mentor, referring to a very long trial in his second year of practice: "I learned a great deal from working with him. He made it a brilliantly fun experience as well."

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William Willson, South Square
Called in 2006

A former television producer for Channel 4 and the BBC, who had previously interviewed Russian president Vladimir Putin before choosing to come to the Bar, William Willson's rise to prominence owes much to his demonstrably strong feedback from all quarters and an impressive hit-list of cases in which he has appeared, often led by South Square's Gabriel Moss QC.

Having appeared in various iterations of the Lehman Brothers insolvency proceedings, as well as in the Kaupthing, Madoff, MF Global and Portsmouth Football Club cases, 2012 saw Willson appear in the Coroin litigation (Patrick McKillen v Sir David Barclay & others), as well as in a spate of smaller insolvency, commercial and company cases.

Willson suggests his favourite cases have, so far, "often been small victories representing private individuals. There's the double satisfaction of it being 100% your own work and (if it goes well) of having a major impact on your client's life".

However, he adds: "It is also a great privilege to be involved in high-profile cases: the Coroin litigation was a great experience, and it was good to deliver the result my client (the state-run Irish National Asset Management Agency) wanted."

Feedback reports him as "very bright and committed, but forceful when required – pragmatic and good fun, too".

One magic circle partner says: "He'll do very well," while one leader hails him as an "outstanding junior, with abilities far beyond expectations for his call. His grasp of the complicated facts and complex financial transactions, as well as the points of law, was very impressive".

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David Peters, Essex Court Chambers
Called in 2005

Lateral moves are still relatively uncommon at the Bar, but Essex Court Chambers saw three such moves this year, with Jane Russell, Anna Dilnot – highly commended by Legal Week in 2009 – and David Peters all joining chambers.

Peters, previously at 11 Stone Buildings, pays generous tribute to his former set: "[It] is a great set and I was very happy there." However, he says, joining Essex Court represented "an amazing opportunity further to develop my practice in international commercial litigation".

He finds that lateral diversity to be "very useful, because it has given me a real breadth of experience", making him "lucky enough to do a substantial amount of my own work, including a lot of my own advocacy".

That, he says, adds "significant value in combining that experience with the huge amount learnt from working closely with more experienced practitioners" in both sets. This enables Peters to have "a good grasp of the commercial and tactical issues involved in running complicated pieces of litigation", noted one senior partner.

A senior clerk calls him: "A bright young man with a very bright future."
Peters also appreciates teamwork: "In a case where I am acting as sole counsel, what solicitors want and expect is likely to be very different from when I'm acting as a junior."

He stresses communication as the best way to fulfil the particular roles which solicitors see for him: "The key to which is being open and approachable."

One leader called Peters "very able, both client-driven and service-oriented… particularly handy at the commercial/chancery interface" in complex cases.

That can be seen in his role in the VTB litigation. Peters, led by Essex Court's Paul McGrath QC alongside counsel from his old set, took part in an appellate case involving commercial fraud and conspiracy claims, in a case worth $320m (£200m) against the Russian oligarch Konstantin Malofeev and others.

The case pitted him against one of last year's Stars at the Bar, Fountain Court's Jamie McClelland.

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Ciaran Keller, Maitland Chambers
Called in 2004

Highly commended by Legal Week in 2010, Ciaran Keller's popularity with law firms and respect from leaders and juniors alike, sees him return as a Star at the Bar in 2012.

Yet law was not his first career, having joined the civil service after university. He worked as a fast-stream diplomat at the Foreign Office in London, with stints at the United Nations in New York and Lisbon.

That experience helped him, in his early days, in instructions in claims both for and against sovereign states and state entities.

"I used to lobby for UK policy abroad, sometimes in a foreign language, and negotiate resolutions at the United Nations on behalf of the UK," he says, adding that such advocacy experience has helped him at the Bar.

While staying fully involved in Maitland Chambers' traditional mix of property, company, insolvency and civil fraud work, Keller's work retains that strong international flavour.

This year, he represented Rosneft, the Russian oil giant, in Rosneft v Yukos Capital, as well as acting for the appellant in Crossco v Jolan, a landmark decision on constructive trusts and proprietary estoppel in commercial property disputes.

Both cases drew out his commercial litigation and Chancery experience, as Keller sees clients "increasingly require comprehensive strategic advice on business disputes with many and interlocking moving parts, often involving different areas of law".

With its cross-disciplinary expertise, it is a challenge his side of the Bar is particularly well-placed to address.

Equally, he says: "Multi-jurisdictional disputes require counsel to be able to respond swiftly and effectively to issues as they arise. It is now a 24-hour business. The days of pink ribbon and lengthy turnaround times are long gone."

Solicitors praise Keller's client skills, saying: "His advice was always spot-on and he is very sharp with an excellent eye for detail", while he is popular with QCs and co-counsel alike.

One leading commercial junior says: "Ciaran is a gritty, fantastically bright, diligent and steely barrister. If my interests were on the line, I would be happy for him to represent me."

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George Spalton, Four New Square
Called in 2004

Highly commended by Legal Week in 2010, George Spalton combines a thriving practice centred on the range of commercial work his set does, not just the professional negligence work it is famed for.

"I have enjoyed building up a practice in international commercial arbitration, financial services and disciplinary/regulatory work," he says, alongside doing professional liability work.

Spalton received many Bar plaudits for his "energy and enthusiasm" on Junior COMBAR in doing "a brilliant job in steering its activities".

He is also praised for his work, with one head of department saying: "He [works] tirelessly to master detail, has produced first-class work product and been an invaluable team member.

"First and foremost, however, he is a pleasure to work with, understanding that handling large cases is a collaborative process between clients, solicitors and counsel," the partner added.

Another says: "He rapidly analyses the critical aspects of an issue and delivers arguments with fierce precision… gaining the respect of a counsel team with decades' more experience, and consistently holds his own when challenged, whether by opposing counsel or the Bench."

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Also Highly Commended

Chris Bond, 3 Verulam Buildings (2008 call)
Sarah Fahy, St. Ive's Chambers, Birmingham (2009 call)
Ben Griffiths, Erskine Chambers, (2004 call)
Fred Hobson, Brick Court Chambers (2005 call)
Andrew Smith, Matrix Chambers, (2008 call)

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Methodology

Legal Week contacted more than 350 solicitors, barristers, Queen's Counsel and senior clerks to ascertain their views over a four-week period, with nearly 200 responses, and subsequent follow-up references by e-mail and telephone, selecting those recommended from a total of more than 375 recommended junior barristers of 10 years' call and under from all circuits across England & Wales.

Related:

• Stars at the Bar 2011
• Stars at the Bar 2010
• Stars at the Bar 2009