Introduction:

This is the ninth episode of season three of The Fountain Court Podcast. The episode is hosted by Laurentia de Bruyn, a barrister at Fountain Court. Laurentia has a broad commercial practice with a particular interest in the intersection of commercial and public law.

Joining Laurentia in the discussion are:

Akhil Shah KC: An experienced trial and appellate advocate at Fountain Court Chambers, preeminent in aviation disputes. He has acted in and advised on a broad spectrum of aviation related disputes including in relation to aircraft leases, design and manufacture of aircraft, aviation insurance, UK regulation, EU competition law, international regulation, as well as disputes involving the impact of COVID-19. Akhil is ranked in Aviation in both Chambers & Partners and The Legal 500 and was shortlisted as Shipping, Commodities and Aviation Silk of the Year at the 2023 The Legal 500 Bar awards.

Charlotte Winter: A partner at Norton Rose Fulbright LLP based in London with extensive experience of aviation litigation and deals primarily in asset finance-related litigation. She acts for airlines, lessors and banks in contentious matters, including manufacturer and leasing disputes, worldwide asset repossessions and general contractual disputes. She is a member of the legal advisory panel of the Aviation Working Group, a not-for-profit body that contribute to the development of policies, laws and regulations that facilitate advanced international aviation financing and leasing.

Helen Biggin: Counsel at Allen & Overy LLP based in London with extensive experience representing clients in litigation relating to breaches of aircraft lease agreements and other related matters such as aircraft delivery, technical claims and repossessions. She is also a member of the legal advisory panel of the Aviation Working Group, a not-for-profit body that contribute to the development of policies, laws and regulations that facilitate advanced international aviation financing and leasing.

In this episode, the panel discusses topical issues within aviation litigation including the impact of COVID-19 on the sector, sanctions and letters of credit, trends in aviation litigation and what the future looks like for the industry.

For more information about Fountain Court’s aviation practice, please visit: https://www.fountaincourt.co.uk/expertise/aviation-and-travel/.

This is the eighth episode of season three of The Fountain Court Podcast. The episode is hosted by Jacob Turner, a barrister at Fountain Court.

Jacob has advised individuals, corporates and sovereigns in a variety of commercial matters involving both litigation and arbitration. Described as “an extremely hard-working junior and a great team player” Jacob accepts instructions in all areas of Chambers’ practice and has a particular interest in cases relating to technology, data and artificial intelligence. He has acted as sole counsel in the High Court, the Court of Appeal and as junior counsel in the UK Supreme Court.

Joining Jacob in the discussion are:

Richard Lissack KC: A silk at Fountain Court who is internationally recognised as a leader in the fields of banking and financial services, anticorruption, financial crime, commercial fraud, health and safety, public inquiries and regulatory breaches. Described as "a stellar performer, with unsurpassed positive energy”, Richard has been listed for several years as one of the “Stars of the Bar” and is rated as a leading Individual in Chambers & Partners and The Legal 500 across numerous areas. Richard represents organisations, their directors and other High Net Worth individuals and is sought out to undertake high-profile cases of the utmost severity.

Peter Wickham: A partner at Slaughter & May in the Disputes and Investigations group and has a broad-ranging international commercial arbitration and multijurisdictional litigation practice. Described as “formidable” and an “outstanding lawyer”, Peter has significant expertise in ESG, energy, infrastructure and natural resource disputes.

Suzanne Spears: The founder and principal of Paxus, a boutique public international law firm, having previously been a partner at Allen & Overy in the International Arbitration Group, where she also co-headed the Global Business & Human Rights Practice and co-founded the ESG Group. Recognised globally for her expertise in her areas of practice, Suzanne advises clients on dispute resolution and prevention, investigations and due diligence, and is often instructed to advise on highly sensitive social and environmental issues.

In this episode, our speakers explore ESG Risks and disputes including legal sources of rights and obligations. They also discuss issues surrounding greenwashing, anti ESG shareholder litigation and other emerging trends as well as some practical tips on what proactive steps organisations can undertake to protect themselves from ESG risk.

This is the seventh episode in the third series of the Fountain Court Podcast. This episode is a recording of a webinar event that we hosted in September 2023. The panel discussion was on the implications of the recent landmark decision of the Supreme Court in Philipp v Barclays Bank UK on the so-called Quincecare duty, in which the all-Fountain Court counsel team represented Barclays, the successful appellant. Panellists on the webinar included:

• Patrick Goodall KC, a highly sought after advocate, having been instructed in many of the major commercial cases in recent times. Described in the directories as “a delightful advocate with a first-rate brain", Patrick has advised and represented clearing and merchant banks and other financial institutions in a broad range of domestic and international disputes as well as in non-contentious contexts. He is recommended as a leading silk in banking and finance in The Legal 500, Chambers & Partners and was identified by Who’s Who Legal as one of the ‘Most Highly Regarded Silks’ in Banking & Finance.

• David Murray, who has particular experience in banking, financial services, aviation, insurance, reinsurance, sale of goods, conflict of laws, financial regulation, civil fraud and professional negligence. He has been consistently ranked as a leading junior by the professional directories and has been described by clients as “hugely talented”, “phenomenally bright” and as having “everything it takes to be a future star”. David has substantial experience in all manner of banking and finance disputes and regularly acts for retail, commercial and investment banks.

• Ian Bergson, who has a broad practice with a particular specialism in commercial litigation, civil fraud and banking matters. Ian frequently acts as part of larger teams in heavy commercial litigation or arbitration, as well as significant Supreme Court or Court of Appeal appeals. Ian is recommended as a ‘Rising Star’ in The Legal 500 for Banking & Finance, Commercial Dispute Resolution and Civil Fraud and is described as an “excellent junior”. He is also ranked as “Up & Coming” by Chambers & Partners in Banking & Finance and Commercial Dispute Resolution. Before transferring to the Bar, Ian was a solicitor at Linklaters LLP.

During the session our panellists spoke about:

• The reasoning and ramifications of the decision.

• Where the Supreme Court’s decision leaves the so-called Quincecare duty.

• The limits of apparent or ostensible authority in an agency context.

• Recent regulatory and legislative developments in relation to APP fraud, including by way of the recently enacted Financial Services and Markets Act 2023.

For more information about Fountain Court’s banking and finance experience, please visit https://www.fountaincourt.co.uk/expertise/banking-and-finance/.

This is the sixth episode in the third series of the Fountain Court Podcast. The episode is hosted by Jacob Turner, a barrister at Fountain Court, and is a recording of an in-person event hosted by Fountain Court in June 2023. The event was the first in the Fountain Court Academy series, a programme of events conceived, hosted and managed by juniors at Fountain Court Chambers.

This first event focused on the use of artificial intelligence in dispute resolution, both now and in the future, and featured a panel of speakers that allowed for a variety of viewpoints across the legal and regulatory spectrum.

Jacob is a junior barrister with a particular focus on AI-related matters. He authored Robot Rules: Regulating Artificial Intelligence (Palgrave Macmillan, 2018) and contributed to The Law of Artificial Intelligence (Sweet & Maxwell, 2020), and has acted in various precedent-setting disputes in the sector.

Joining Jacob Turner in the discussion are:

Sir Marcus Smith, a Judge in the High Court Chancery Division and Chair of the Competition Appeal Tribunal who has presided over several cases which involve algorithms and AI.

Sana Khareghani, former Head of the UK Government Office for AI and now a Professor of Practice in AI at King’s College London and one of the most sought-after speakers internationally on the topic of the regulation of AI.

Andrew Denny, partner at Allen & Overy who leads the firm’s global Business & Human Rights practice and is a member of its AI Steering Group as well as an active participant in its trial of Harvey AI.

Patricia Shaw, founder and CEO of Beyond Reach Consulting and an international advisor on tech ethics policy, governance and regulation as well as an experienced lawyer who has held positions in various AI associations.

During the session, the speakers discussed the definition of AI, its benefits and perceived drawbacks and the potential future uses of the technology. They also covered experiences of the technology in practice and spoke about how AI should or and shouldn’t be used in litigation. The panel also discussed UK regulation of AI and how this compares to EU equivalents.

For more information about Fountain Court’s AI and broader technology-related experience, please visit https://www.fountaincourt.co.uk/expertise/technology/

This is the fifth episode of season three of The Fountain Court Podcast. The episode is hosted by Joseph Farmer, a barrister at Fountain Court.

Joseph’s work includes cases involving banking and finance, construction, professional negligence, company law, and civil fraud. He also undertakes regulatory and administrative law work and has experience of a range of heavy and complex disputes, including in matters requiring challenging court advocacy.

Joining Joseph in the discussion are:

Derrick Dale KC: A silk at Fountain Court who specialises in wide-ranging commercial litigation including civil fraud and arbitration, in both a domestic and an international context. Described in the directories as “a very talented and effective advocate”, Derrick is frequently instructed in cases requiring urgent injunctions, freezing and search orders and is well versed in conducting group litigation.

Becca Hogan: A partner at Signature Litigation who has a wide range of experience in commercial disputes with a focus on banking and financial services. She specialises in high value complex matters including both High Court litigation and arbitration. Becca also advises on regulatory matters including regulatory investigations involving the FCA. Described as “stellar“, “calm and strategic“, Becca is recognised as a ‘Next Generation Partner’ by The Legal 500 for banking litigation.

Mary Young: A partner at Kingsley Napley whose practice covers a wide range of areas with particular expertise in civil fraud and asset tracing as well as claims against professionals in negligence, breach of fiduciary duty and breach of trust. Described as “an excellent role model”, Mary has advised in cases involving numerous different countries including the major offshore jurisdictions.

In this episode, unlawful means conspiracy within civil law is discussed and how in recent years it has come to the fore. Our speakers also explore the practice of bringing and defending conspiracy claims and share their own war stories and experiences.

For more information about Fountain Court’s civil fraud practice, please visit https://www.fountaincourt.co.uk/expertise/civil-fraud/.

This is the fourth episode of season three of The Fountain Court Podcast. The episode is hosted by Marianne Butler, a barrister at Fountain Court.

Marianne has a core specialism in professional regulation and discipline, with considerable expertise in undertaking highly discreet investigations and defence work for city law firms and individuals in respect of complaints made against them. She is ranked in both Chambers & Partners and The Legal 500 for Professional Discipline and was awarded the Chambers & Partners ‘Professional Discipline Junior of the Year’ in 2022.

Joining Marianne in the discussion are:

Timothy Dutton CBE KC: A senior silk at Fountain Court who advises and has acted in many of the most prominent and complex professional discipline in the field. He is ranked in both Chambers & Partners and The Legal 500 as a leading silk and a Star Individual in Professional Discipline respectively. He is described in the directories as “The King of Law Society Regulatory Work”.

Patricia Robertson KC: A senior silk at Fountain Court who frequently appears in high profile disciplinary cases before the Solicitors Disciplinary Tribunal and regularly advises magic circle firms and major national firms on compliance and on handling Solicitor Regulation Authority investigations. She is ranked in in both Chambers & Partners and The Legal 500 for her work in Professional Discipline.

Richard Coleman KC: A silk at Fountain Court who has substantial experience of disciplinary proceedings and investigations in relation to the financial services industry and the legal profession and is regularly instructed in matters involving the Financial Conduct Authority, the Financial Reporting Council, the Financial Ombudsman Service and the Solicitors Regulation Authority. He is ranked in both Chambers & Partners and The Legal 500 for Professional Discipline.

Fergal Cathie: A partner at Clyde & Co who has a particular focus on complex disputes and regulatory investigations involving legal professionals. He has acted in some of the most sensitive and high-profile regulatory investigations and disciplinary cases, advising law firms and individuals on professional conduct issues, including their regulatory exposures and reporting obligations. Fergal is ranked in Chambers & Partners for professional discipline and has previously been listed among The Lawyer’s 'Hot 100'.

Michael Stacey: A partner at Russell-Cooke who has a particular specialism in regulatory and public law matters. He acts for regulators, businesses, charities and private clients in regulatory investigations, disciplinary proceedings, judicial reviews, professional liability disputes and other regulatory litigation. Michael is ranked in Chambers & Partners for professional discipline and as a Next Generation Partner by The Legal 500.

Iain Miller: A partner at Kingsley Napley who specialises in legal ethics, investigations and public law matters. Acting in many of the leading cases relating to the regulation of lawyers in England and Wales, he has advised a number of large law firms on Solicitors Regulation Authority related issues. Iain is ranked in The Legal 500’s Hall of Fame and Chambers & Partners for professional discipline.

In part two of this episode, we continue to explore the lessons learnt from defending the most significant cases in the Solicitors Disciplinary Tribunal in recent years. This specifically includes the Solicitors Disciplinary Tribunal’s trial process and how the proceedings are conducted, dealing with media interest and the position on disclosure.

For more information about Fountain Court’s professional discipline practice, please visit:

https://www.fountaincourt.co.uk/expertise/professional-discipline/

This is the third episode of season three of The Fountain Court Podcast. The episode is hosted by Marianne Butler, a barrister at Fountain Court.

Marianne has a core specialism in professional regulation and discipline, with considerable expertise in undertaking highly discreet investigations and defence work for city law firms and individuals in respect of complaints made against them. She is ranked in both Chambers & Partners and The Legal 500 for Professional Discipline and was awarded the Chambers & Partners ‘Professional Discipline Junior of the Year’ in 2022.

Joining Marianne in the discussion are:

Timothy Dutton CBE KC: A senior silk at Fountain Court who advises and has acted in many of the most prominent and complex professional disciplines in the field. He is ranked in both Chambers & Partners and The Legal 500 as a leading silk and a Star Individual in Professional Discipline respectively. He is described in the directories as “The King of Law Society Regulatory Work”.

Patricia Robertson KC: A senior silk at Fountain Court who frequently appears in high profile disciplinary cases before the Solicitors Disciplinary Tribunal and regularly advises magic circle firms and major national firms on compliance and on handling Solicitor Regulation Authority investigations. She is ranked in in both Chambers & Partners and The Legal 500 for her work in Professional Discipline.

Richard Coleman KC: A silk at Fountain Court who has substantial experience of disciplinary proceedings and investigations in relation to the financial services industry and the legal profession and is regularly instructed in matters involving the Financial Conduct Authority, the Financial Reporting Council, the Financial Ombudsman Service and the Solicitors Regulation Authority. He is ranked in both Chambers & Partners and The Legal 500 for Professional Discipline.

Fergal Cathie: A partner at Clyde & Co who has a particular focus on complex disputes and regulatory investigations involving legal professionals. He has acted in some of the most sensitive and high-profile regulatory investigations and disciplinary cases, advising law firms and individuals on professional conduct issues, including their regulatory exposures and reporting obligations. Fergal is ranked in Chambers & Partners for professional discipline and has previously been listed among The Lawyer’s 'Hot 100'.

Michael Stacey: A partner at Russell-Cooke who has a particular specialism in regulatory and public law matters. He acts for regulators, businesses, charities and private clients in regulatory investigations, disciplinary proceedings, judicial reviews, professional liability disputes and other regulatory litigation. Michael is ranked in Chambers & Partners for professional discipline and as a Next Generation Partner by The Legal 500.

Iain Miller: A partner at Kingsley Napley who specialises in legal ethics, investigations and public law matters. Acting in many of the leading cases relating to the regulation of lawyers in England and Wales, he has advised a number of large law firms on Solicitors Regulation Authority related issues. Iain is ranked in The Legal 500’s Hall of Fame and Chambers & Partners for professional discipline.

In part one of this episode, we explore the lessons learnt from defending the most significant cases in the Solicitors Disciplinary Tribunal in recent years. This specifically includes Solicitors Regulatory Authority investigations, focusing in particular on the human cost of the process, the importance of co-operation from the outset and how to manage clients’ expectations as well as issues of privilege, amongst other matters.

The second part of this discussion will follow in due course and focuses on SDT proceedings.

For more information about Fountain Court’s professional discipline practice, please visit

https://www.fountaincourt.co.uk/expertise/professional-discipline/

This is a special episode of The Fountain Court Podcast, recorded to mark International Women’s Day 2023. The episode is hosted by Stuart Ritchie KC, a silk and Head of the Wellbeing Committee at Fountain Court. The episode features a discussion with The Right Honourable Lady Justice Carr DBE, a Court of Appeal Judge and trailblazer at the Bar and on the Bench. Current or previous roles have included a silk, a Head of Chambers, a Chair of a specialist Bar Association and a member of the senior Judiciary; as a woman, many of these have been rare appointments.

Lady Justice Carr read modern languages and law at Trinity College Cambridge. She was called to the bar in 1987 where she practised from what became 4 New Square Chambers and was appointed a Queen's Counsel in 2003 and a Recorder in 2009.

She was chair of the Professional Negligence Bar Association in 2007 and 2008 and Chair of the Conduct Committee of the Bar Standards Board from 2008 to 2010. In April 2011, she was appointed Disciplinary Commissioner in proceedings before the International Criminal Court. She also served as Head of Chambers at 4 New Square from 2012-2013. At all times she maintained a formidable practice principally in commercial law and professional indemnity work.

In June 2013 she was appointed a High Court Judge, assigned to the Queen's Bench Division. At first instance she sat in all three jurisdictions in the Rolls Buildings. She was the first ever female High Court Judge to sit in the Technology & Construction Court and only the second to sit in the Commercial Court.

She has been a Judge of the Court of Appeal since April 2020, and was sworn of the Privy Council in April 2021. From August 2020 until the end of January 2023, Lady Justice Carr was also the Senior Judicial Commissioner and Vice Chair of the Judicial Appointments Commission. She is a Bencher of the Inner Temple and the mother of three grown-up children.

In this episode, Stuart speaks to Lady Justice Carr about her career to date, her experiences as one of the few – and sometimes only – female in her professional environment, as well as recent improvements in the representation of women across the legal sector and what more can be done to combat inequality. She shares her ‘top 10 tips’ for thriving in the profession and also touches upon the pressures that come with being a ‘trailblazer’, as well as how the legal world can work together – across law firms, the Bar and the judiciary – to create a more mutually supportive working environment and an even higher performing profession.

We hope you enjoy the episode.

This is a special episode of The Fountain Court Podcast, recorded to mark International Women’s Day 2023. The episode is hosted by Stuart Ritchie KC, a silk and Head of the Wellbeing Committee at Fountain Court. The episode features a discussion with The Right Honourable Lady Justice Carr DBE, a Court of Appeal Judge and trailblazer at the Bar and on the Bench. Current or previous roles have included a silk, a Head of Chambers, a Chair of a specialist Bar Association and a member of the senior Judiciary; as a woman, many of these have been rare appointments.

Lady Justice Carr read modern languages and law at Trinity College Cambridge. She was called to the bar in 1987 where she practised from what became 4 New Square Chambers and was appointed a Queen's Counsel in 2003 and a Recorder in 2009.

She was chair of the Professional Negligence Bar Association in 2007 and 2008 and Chair of the Conduct Committee of the Bar Standards Board from 2008 to 2010. In April 2011, she was appointed Disciplinary Commissioner in proceedings before the International Criminal Court. She also served as Head of Chambers at 4 New Square from 2012-2013. At all times she maintained a formidable practice principally in commercial law and professional indemnity work.

In June 2013 she was appointed a High Court Judge, assigned to the Queen's Bench Division. At first instance she sat in all three jurisdictions in the Rolls Buildings. She was the first ever female High Court Judge to sit in the Technology & Construction Court and only the second to sit in the Commercial Court.

She has been a Judge of the Court of Appeal since April 2020, and was sworn of the Privy Council in April 2021. From August 2020 until the end of January 2023, Lady Justice Carr was also the Senior Judicial Commissioner and Vice Chair of the Judicial Appointments Commission. She is a Bencher of the Inner Temple and the mother of three grown-up children.

In this episode, Stuart speaks to Lady Justice Carr about her career to date, her experiences as one of the few – and sometimes only – female in her professional environment, as well as recent improvements in the representation of women across the legal sector and what more can be done to combat inequality. She shares her ‘top 10 tips’ for thriving in the profession and also touches upon the pressures that come with being a ‘trailblazer’, as well as how the legal world can work together – across law firms, the Bar and the judiciary – to create a more mutually supportive working environment and an even higher performing profession.

We hope you enjoy the episode.

For more information about Fountain Court’s Clerks & Business Support, please visit https://www.fountaincourt.co.uk/join-us/clerks-and-business-support/

This is the first episode in the third series of The Fountain Court Podcast, featuring a discussion between Neil Stuke and our senior clerk, Alex Taylor.

Neil is a twice BAFTA nominated actor who, among many others, portrayed the role of senior clerk Billy Lamb in BBC’s Silk, a TV series about the members and staff of the fictitious Shoe Lane Chambers.

Alex Taylor has led the clerking team at Fountain Court for 15 years and has been instrumental in its significant success. He has been a clerk since the age of 16, starting his career at Fountain Court and also working at the likes of 11 KBW and Old Square Chambers, before returning to Fountain Court in 2008. He is extremely highly regarded in the market as demonstrated by his numerous accolades including being named by The Legal 500 as ‘Senior Clerk of the Year’ in 2018 and receiving a lifetime achievement award at the 2021 Chambers Bar Awards.

During this episode, recorded in December 2022, Neil questions Alex on the real world of clerking, the changes he has seen over his career to date, some of his highs and lows, and what advice he would give to any aspiring clerks. Alex talks openly about various topics including the struggles of life as a junior clerk, the importance of having a good team around him, his continued determination for excellence and the sacrifices he’s made along the way.

For more information on Fountain Court’s clerking team, please see here: https://www.fountaincourt.co.uk/join-us/clerks-and-business-support/