Professional Experience:

Qualified as chartered accountant with Ernst & Young (1976)

Fellow of Institute of Chartered Accountants in England & Wales (1982)

Assistant Treasurer to South Eastern Circuit Bar Mess (1996)

Independent Financial Examiner to Bar Pro Bono Unit (1996)

Trained as a mediator in commercial law (2002)

Practice:
My practice divides into two broad fields:

(1) Commercial
(2) Media and Entertainment

(1) Commercial

This area of my practice has developed from my training and experience as a chartered accountant. It typically and obviously involves warranty and other claims arising from take overs and the purchase and sale of businesses, partnership disputes, accountants’ negligence, arbitrations, expert determinations and contentious company law matters, such as S.994 petitions.

More generally my commercial practice involves contractual and other disputes concerning a wide range of topics. A significant proportion of this work is conducted in the Queen’s Bench Division, including the Technology & Construction Court, and in arbitrations and expert determinations.

Over the past 5 years I have appeared outside London on a number of occasions in each of Manchester (Mercantile), Leeds (QB and Chancery), Newcastle (Chancery), Sheffield (QB) and Birmingham (Chancery, QB and the Technology & Construction).

(2) Media and Entertainment

There are some legal aspects of this area of my practice which cross-over with my commercial practice. Particular legal topics which cross-over include breach of confidence, breach of fiduciary duties, passing off and unlawful interference with contractual relations. Procedurally there is obviously a cross-over with interim applications (Mareva, Anton Piller and injunctions).

“Media and Entertainment” also embraces “soft intellectual property” i.e. copyright, passing off, breach of confidence and some trademark work (but not patents). My areas of specialism are broadcasting (television, radio, cable and satellite), music, films and publishing (newspapers, journals and books).

I have acted, and am acting, for commercial and public service broadcasters, well known performing artists, record companies, newspaper and other publishers. I am regularly retained by one of the two leading national newspaper publishers in copyright matters. In earlier years of my practice I was regularly retained in High Court Litigation by Phonographic Performance Ltd and by the Performing Rights Society Ltd.

Most of this work is conducted in the Chancery Division or before the Copyright Tribunal. Recent reported cases in this field include: News Group Newspapers v ITP 1993 RPC 173 (TV Listings Tribunal reference), AIRC v PPL 1994 RPC 143 (Radio Broadcasting Tribunal reference), EMAP v Security Publications Limited 1997 FSR 891 (Copyright, passing off, magazine cover formats), Candy Rock Recording v PPL 1999 EMLR 155 (Record dubbing Tribunal reference). Some disputes are referred to arbitration, including occasionally partnership disputes within musical groups.

Additional Information:

I am recommended in Chambers and Partners Directory as a Leading Silk for Media and Entertainment litigation and in The Legal 500 for Professional Negligence..

Reported & Notable Cases:

Cases over past year include:

General commercial/tort

Advising and acting for Monsanto in actions to protect Monsanto’s GM Food crop trials from protest groups’ activities and applications for committal. [obtaining injunctions and committals for contempt].

Grupo Torras SA v. Shiekh Fahad Mohammed Al-Sabah
Commercial: sale of business claims

Advising and acting for world leader in music industry in relation to misrepresentation and warranty claim for damages in excess of £15 million following of sale of business, Issues include selection of proper forum and anti-suit proceedings to restrain purchaser litigating in USA.
Advising and acting for vendors in warranty claim actions following management buy-outs. 2 cases each claim in excess £4 million.
Professional negligence

Acting for City chartered accountancy firm in mediation to resolve negligence action, claim in excess of £8 million. [mediation lasting 3 days]
Advising ‘Big 5’ accountancy firm in relation to negligence claim being litigated in Channel Islands [advisory attendance at court in the Channel Islands]
Recent reported case: Coulthard v Neville Russell 1998 1 BCLC 143.

Media/Entertainment

Acting for applicant to Copyright Tribunal in reference to set industry terms for dubbing recorded music for commercial purposes; and representing applicant as respondent to other side’s appeal to High court. [hearing lasting 6 days followed by 3 day appeal].
Acting for and advising well known girls’ group [All Saints] in relation to copyright, trade mark and merchandising disputes.
Recent reported case: Phonographic Performance Limited v. Candy Rock Recording Limited

Other recent experience

In recent years I was litigating and arbitrating mainly outside London. My work included (i) construction arbitration under JCT 1988 Rules (September to December 1997), (ii) accountants’ negligence appeal to Court of Appeal (November 1997), (iii) S.459 petition trial (January 1998), (iv) preliminary issue hearing and final compromise of civil fraud claim arising from sale of business (March 1998), and (v) trial of preliminary issue in building case concerning new stand for Manchester City FC before Technology & Construction (April 1998) with the issues as to Quantum being resolved without a further hearing.

Qualified:	Mediator
Specialist Areas:	1) Disputes involving business/share sales and valuations 2) Financial/Accountancy/Banking disputes (inc. professional negligence) 3) Partnership disputes 4) Media and entertainment (music, films TV and Publishing 5) Confidential information
Education:	BA (Hons)
Additional Experience:	Chartered Accountant, ACA 1976, FCA 1982
Judicial History:	Authorised to sit as Assistant Recorder at County Courts (General Civil) (1997) Authorised to sit as Assistant Recorder at County Courts (Family Law) (1999) Recorder authorised to sit in civil, family and crime
General Information:	Professional Experience: Qualified as chartered accountant with Ernst & Young (1976) Fellow of Institute of Chartered Accountants in England & Wales (1982) Assistant Treasurer to South Eastern Circuit Bar Mess (1996) Independent Financial Examiner to Bar Pro Bono Unit (1996) Trained as a mediator in commercial law (2002) Practice: My practice divides into two broad fields: (1) Commercial (2) Media and Entertainment (1) Commercial This area of my practice has developed from my training and experience as a chartered accountant. It typically and obviously involves warranty and other claims arising from take overs and the purchase and sale of businesses, partnership disputes, accountants’ negligence, arbitrations, expert determinations and contentious company law matters, such as S.994 petitions. More generally my commercial practice involves contractual and other disputes concerning a wide range of topics. A significant proportion of this work is conducted in the Queen’s Bench Division, including the Technology & Construction Court, and in arbitrations and expert determinations. Over the past 5 years I have appeared outside London on a number of occasions in each of Manchester (Mercantile), Leeds (QB and Chancery), Newcastle (Chancery), Sheffield (QB) and Birmingham (Chancery, QB and the Technology & Construction). (2) Media and Entertainment There are some legal aspects of this area of my practice which cross-over with my commercial practice. Particular legal topics which cross-over include breach of confidence, breach of fiduciary duties, passing off and unlawful interference with contractual relations. Procedurally there is obviously a cross-over with interim applications (Mareva, Anton Piller and injunctions). “Media and Entertainment” also embraces “soft intellectual property” i.e. copyright, passing off, breach of confidence and some trademark work (but not patents). My areas of specialism are broadcasting (television, radio, cable and satellite), music, films and publishing (newspapers, journals and books). I have acted, and am acting, for commercial and public service broadcasters, well known performing artists, record companies, newspaper and other publishers. I am regularly retained by one of the two leading national newspaper publishers in copyright matters. In earlier years of my practice I was regularly retained in High Court Litigation by Phonographic Performance Ltd and by the Performing Rights Society Ltd. Most of this work is conducted in the Chancery Division or before the Copyright Tribunal. Recent reported cases in this field include: News Group Newspapers v ITP 1993 RPC 173 (TV Listings Tribunal reference), AIRC v PPL 1994 RPC 143 (Radio Broadcasting Tribunal reference), EMAP v Security Publications Limited 1997 FSR 891 (Copyright, passing off, magazine cover formats), Candy Rock Recording v PPL 1999 EMLR 155 (Record dubbing Tribunal reference). Some disputes are referred to arbitration, including occasionally partnership disputes within musical groups. Additional Information: I am recommended in Chambers and Partners Directory as a Leading Silk for Media and Entertainment litigation and in The Legal 500 for Professional Negligence.. Reported & Notable Cases: Cases over past year include: General commercial/tort Advising and acting for Monsanto in actions to protect Monsanto’s GM Food crop trials from protest groups’ activities and applications for committal. [obtaining injunctions and committals for contempt]. Grupo Torras SA v. Shiekh Fahad Mohammed Al-Sabah Commercial: sale of business claims Advising and acting for world leader in music industry in relation to misrepresentation and warranty claim for damages in excess of £15 million following of sale of business, Issues include selection of proper forum and anti-suit proceedings to restrain purchaser litigating in USA. Advising and acting for vendors in warranty claim actions following management buy-outs. 2 cases each claim in excess £4 million. Professional negligence Acting for City chartered accountancy firm in mediation to resolve negligence action, claim in excess of £8 million. [mediation lasting 3 days] Advising ‘Big 5’ accountancy firm in relation to negligence claim being litigated in Channel Islands [advisory attendance at court in the Channel Islands] Recent reported case: Coulthard v Neville Russell 1998 1 BCLC 143. Media/Entertainment Acting for applicant to Copyright Tribunal in reference to set industry terms for dubbing recorded music for commercial purposes; and representing applicant as respondent to other side’s appeal to High court. [hearing lasting 6 days followed by 3 day appeal]. Acting for and advising well known girls’ group [All Saints] in relation to copyright, trade mark and merchandising disputes. Recent reported case: Phonographic Performance Limited v. Candy Rock Recording Limited Other recent experience In recent years I was litigating and arbitrating mainly outside London. My work included (i) construction arbitration under JCT 1988 Rules (September to December 1997), (ii) accountants’ negligence appeal to Court of Appeal (November 1997), (iii) S.459 petition trial (January 1998), (iv) preliminary issue hearing and final compromise of civil fraud claim arising from sale of business (March 1998), and (v) trial of preliminary issue in building case concerning new stand for Manchester City FC before Technology & Construction (April 1998) with the issues as to Quantum being resolved without a further hearing.