Professional practice

Francis completed pupillage in September 2024 and is now developing a broad practice in line with Chambers’ profile. Throughout pupillage, Francis gained experience in a range of practice areas including arbitration, insurance, shipping, civil fraud and conflict of laws.

Notable cases with which Francis assisted during pupillage include:

  • A marine war risks insurance claim which proceeded to a four-week Commercial Court trial (Delos Shipholding SA v Allianz Global Corporate and Specialty SE [2024] EWHC 719 (Comm)).
  • A two-week Chancery Division trial concerning PPE procurement during the COVID-19 pandemic (Advanced Multi-Technology for Medical Industry v Uniserve Ltd [2024] EWHC 1725 (Ch)).
  • A six-day Commercial Court trial of a marine cargo insurance claim (MOK Petro Energy FZC v Argo (No. 604) Ltd [2024] EWHC 1935 (Comm)).
  • A variety of COVID-19 business interruption insurance cases.

Francis has a particular interest in public and administrative law. He is currently undertaking a part-time secondment with the Foreign, Commonwealth and Development Office and before coming to the Bar in England practised as a barrister and solicitor for the Western Australian government. His practice in Australia covered administrative and constitutional law, public international law, taxation, commercial, employment and criminal law. He appeared, usually unled, in the Federal Court, all Western Australian state courts, including the Supreme Court, and acted as instructing solicitor in several matters before the High Court of Australia involving an AUD 29 billion arbitral dispute (Mineralogy Pty Ltd v Western Australia (2021) 274 CLR 219 and Palmer v Western Australia (2021) 274 CLR 286).

Francis holds a BA and LLB from the University of Western Australia, where he graduated first in his year in the LLB. He also holds a first class LLM from the University of Cambridge, where he was a Cambridge Australia Scholar, and an MPhil with distinction from the University of Oxford, where he was a Clarendon Scholar. Francis has published in legal academic journals and previously taught constitutional and corporations law at the Australian National University.

 

Career

2024: Tenant at Essex Court Chambers

2023-24: Pupil at Essex Court Chambers (with David Walsh)

2023: Called to the Bar (Inner Temple)

2023: Casual Sessional Academic, Australian National University

2022: Research Assistant, University of Oxford

2017-21: Barrister and Solicitor, State Solicitor’s Office (Western Australia)

2016: Judge’s Associate, Supreme Court of Western Australia

2016: Admitted to practice in Western Australia

Education

2021-22: MPhil Law, The Queen’s College, Oxford (Distinction)

2019-20: LLM, Pembroke College, Cambridge (First Class)

2010-15: LLB, University of Western Australia (Hons First Class, 1st in year)

2010-13: BA Classics, University of Western Australia (First Class)

Awards

2021-22: Clarendon Scholar, University of Oxford

2020: Pembroke College Cambridge Foundation Award

2019-20: Davis McCaughey Cambridge Australia Scholarship

2015: Conflict of Laws Prize (LLB)

2014:

Jean Rogerson Honours Studentship (ranked 1st entering final year of LLB)

Prize in Advanced Evidence and Proof

2013: John Norman Barker Prize in Law (highest marks in 3rd year LLB)

2012:

Thomson Reuters Prize in Equity

Keith Graham Nicholson Memorial Prize in Property

Rose and Cecil Owen Bequest Prizes in Classics (x2)

John Antonas Memorial Prize in Greek History

2011: Rose and Cecil Owen Bequest Prize in Classics

2010:

Bertha Elvina Shillington Prize in History

John Antonas Memorial Prize in Greek History

RJB Bosworth Prize in History

Publications

‘Securities and Mortgages: Hamersley Iron Pty Ltd v Forge Group Power Ltd’ (2017) 28(3) Journal of Banking and Finance Law and Practice 280

‘Commercial and Finance Law: Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd (No 6)’ (2020) 31(3) Journal of Banking and Finance Law and Practice 260

‘Parliament, the Judiciary and Fundamental Rights: The Strength of the Principle of Legality’ (2017) 41 Melbourne University Law Review 30

Arbitration & related court applications

During pupillage, Francis assisted with:

  • An application for a worldwide freezing order under s 44 of the Arbitration Act 1996 in support of a proposed foreign-seated arbitration.
  • Drafting closing submissions and claim submissions for LMAA arbitrations.
  • An application for early determination of an LCIA arbitration in which a member of chambers was sitting as arbitrator.
  • Research for an appeal to the Court of Appeal under s 68 of the Arbitration Act.
  • Various issues arising in Bermuda form and other excess liability insurance arbitrations.
  • Submissions on the proper curial law of a foreign-seated arbitration.

Francis also gained exposure to several appeals under s 69 of the Arbitration Act.

Banking & financial services

During pupillage, Francis gained experience of proceedings to enforce a standby letter of credit and proceedings concerning the effect of the UK and EU sanctions regimes on standby letters of credit. He has also published in a leading Australian banking and finance law journal.

Civil Fraud & Asset Tracing

During pupillage, Francis assisted with:

  • An application for a worldwide freezing order in a case involving allegations of dishonest conduct by a former employee.
  • Advising on a claim for fraudulent misrepresentation by the buyer under a share purchase agreement for the sale/purchase of a medical equipment supplier.
  • Research on points arising in a civil contempt application in an offshore jurisdiction.

He was also exposed to:

  • Civil contempt proceedings before the Court of Appeal.
  • Preparation for a CMC in a major civil fraud trial coming before the Commercial Court in 2025.

Advice on high-value civil fraud proceedings on appeal to the Judicial Committee of the Privy Council.

Commercial chancery disputes

During pupillage, Francis assisted with a two-week Chancery Division trial and subsequent application for PTA relating to PPE procurement during the COVID-19 pandemic: Advanced Multi-Technology for Medical Industry v Uniserve Ltd [2024] EWHC 1725 (Ch). He also gained experience drafting pleadings in a partnership dispute.

Commercial dispute resolution

During pupillage, Francis assisted with a range of general commercial matters, including:

  • Drafting pleadings for Commercial Court litigation between a supplier and purchaser of electronic components.
  • A two-week Chancery Division trial and subsequent application for PTA relating to PPE procurement during the COVID-19 pandemic.
  • Advice on formation of contract issues in several commodities disputes.

Drafting pleadings for an aircraft leasing dispute.

Company & Insolvency Law

Francis has appeared as counsel in numerous winding up applications in Australia. During pupillage he gained experience of advising on a shareholder dispute relating to the exercise of share options and assisted with research on reflective loss issues in another shareholder dispute. He has also published case notes on several insolvency cases in a leading Australian journal and previously taught company law at the Australian National University.

Conflict of laws & private international law

Francis has a longstanding academic interest in conflict of laws: he received the conflict of laws subject prize during his LLB and achieved first class results in the conflict of laws paper during his Cambridge LLM.

During pupillage, Francis assisted with:

  • An application for a worldwide freezing order in support of a foreign-seated arbitration, including assisting with research and submissions on jurisdictional issues.
  • Research on various choice of law problems arising under the Rome I and Rome II regulations and common law choice of law principles.
  • Research on the scope of various gateways for service out of the jurisdiction.

He also gained experience of advising on a potential application for an anti-suit injunction on a quasi-contractual basis.

Energy & natural resources

During pupillage Francis assisted with a six-day Commercial Court trial concerning contamination of a blended gasoline cargo: MOK Petro Energy FZC v Argo (No. 604) Ltd [2024] EWHC 1935 (Comm). He also gained experience of advising on:

  • A dispute involving contamination of a gasoil cargo.

A dispute relating to ownership of natural gas resources, involving the application of the Petroleum Act 1998 (and its predecessors), the common law property torts, and the law of unjust enrichment.

Insurance & reinsurance

During pupillage, Francis assisted with a range of insurance and reinsurance litigation work including:

  • An eight-day hearing of preliminary issues in COVID-19 business interruption insurance claims before the Commercial Court: Gatwick Investment Ltd v Liberty Mutual Insurance Europe SE [2024] EWHC 124 (Comm).
  • A four-week trial of a marine war risks hull and machinery insurance claim: Delos Shipholding SA v Allianz Global Corporate and Specialty SE [2024] EWHC 719 (Comm).
  • A six-day Commercial Court trial of a marine all risks cargo insurance claim: MOK Petro Energy FZC v Argo (No 604) Limited [2024] EWHC 1555 (Comm).
  • An appeal before the Dubai International Financial Centre Court of Appeals involving the first COVID-19 business interruption insurance claim to be litigated in that jurisdiction: Lals Holdings Limited v Emirates Insurance Company (PSC) [2024] DIFC CA 002.

Francis also assisted with:

  • Drafting pleadings in a coverage dispute under a US liability policy.
  • Advising in a coverage dispute under a political risks policy.
  • Advising on limits in a COVID-19 business interruption insurance dispute.
  • Advising on a range of excess liability insurance and reinsurance disputes, including issues relating to coverage, exclusions, and choice of substantive and curial law in Bermuda form arbitrations.
Offshore Litigation

During pupillage, Francis assisted with advice on the application of the Segregated Accounts Companies Act 2000 of Bermuda. He was also exposed to a major civil fraud matter litigated in Bermuda and now on appeal from the Eastern Caribbean Court of Appeal to the Judicial Committee of the Privy Council.

Professional negligence

During pupillage, Francis assisted with the preparation of expert cross-examination in an auditors’ negligence claim.

Public & administrative law

Francis is currently undertaking a part-time secondment with the Foreign, Commonwealth and Development Office, working with the Overseas Territories and Law of the Sea team.

He has several years of experience practising public and administrative law in Australia, including acting as junior counsel in judicial review matters and advising government at all levels (up to and including advice to senior ministers and Cabinet) on a wide range of administrative and constitutional law matters.

Before joining Essex Court, Francis also volunteered with the Environmental Defender’s Office in Australia, advising on judicial review matters relating to police powers, and taught constitutional law at the Australian National University. His MPhil thesis at the University of Oxford addressed unjust enrichment claims against public authorities, including the public law aspect of such claims.

Public international law

Francis is currently undertaking a part-time secondment with the Foreign, Commonwealth and Development Office, working with the Overseas Territories and Law of the Sea team.

He has previously had experience in Australia advising government on international trade law issues and a major bilateral investment treaty claim.

Shipping & admiralty

During pupillage, Francis assisted with a range of shipping matters, including:

  • Assisting members of chambers with trial preparation for a four-week marine war risks insurance trial: Delos Shipholding SA v Allianz Global Corporate and Specialty SE [2024] EWHC 719 (Comm).
  • Assisting a member of chambers in marine all risks cargo insurance trial and subsequent application for permission to appeal: MOK Petro Energy FZC v Argo (No. 604) Ltd [2024] EWHC 1935 (Comm).
  • Drafting claim submissions in LMAA charterparty disputes.
  • Assisting with a dispute relating to a yacht brokerage agreement.

Francis has also had experience during pupillage of shipbuilding, charterparty, general average, tonnage limitation and yacht brokerage and insurance disputes.

Unjust enrichment & restitution claims

During pupillage, Francis assisted in drafting submissions, pleadings and advice involving unjust enrichment claims. He also has academic expertise in the area, having studied restitution during his Cambridge LLM and written his MPhil thesis at the University of Oxford on defences to unjust enrichment claims against public authorities.