Professional practice
Paul Stanley KC has a broad practice across a wide range of commercial disputes. He is Joint Head of Chambers.
He has a particular interest and experience in financial services (including regulatory work), both at the regulatory level and before the Upper Tribunal and on appeal. He often deals with insurance and reinsurance claims, particularly high value pharmaceutical and products-liability claims, including many arbitrations raising a full range of issues concerning the validity and application of insurance and reinsurance contracts, especially (but not only) the Bermuda Form. He also has a particular interest in complex civil fraud cases, for both claimants and defendants, including obtaining and enforcing interim remedies, applications to commit for contempt, and jurisdictional issues, both in England and offshore.
He appears in both courts and before arbitral tribunals at all levels. He has extensive experience of appellate advocacy in the Court of Appeal.
- What others say
Chambers & Partners 2024, Fraud: Civil:
“Paul really is extremely clever and thoughtful about the law. You need him on a case if it has difficult technical legal issues.” “He is one of the best civil advocates, with a colloquial, storyteller style and a very good brain.” “As an advocate, he has an extremely smooth and persuasive style.”
The Legal 500 2024, Commercial Litigation:
‘Paul is a complete superstar. His advice is always incredibly perceptive and thoughtful, and he is tactically astute and commercially aware.‘
Chambers & Partners 2023, Fraud: Civil:
“Paul is extremely clever; impressively hands-on but also ruthlessly efficient.” “Paul is phenomenally bright and a superb person to have on your team.” “Paul is user-friendly and razor-sharp.”
Chambers & Partners 2023, Insurance:
“He is a top-notch strategist and advocate.” “Paul is an intellectual powerhouse.”
Chambers & Partners 2023, Commercial Dispute Resolution:
“He is a superb advocate and has a brain the size of a planet.” “Paul is user-friendly and razor-sharp.” “His ability to distil even the most complex cases into their most simple formulation is astounding and hugely effective.”
The Legal 500 2023, Commercial Litigation:
“His forensic skills, alongside his fierce intellect, allow him to cut through any legal claim which is put in front of him. He is efficient, strategic and businesslike which is highly attractive to clients.”
The Legal 500 2023, Fraud: Civil:
“Paul has the highest integrity so when he makes a submission the court understands that and will always listen very carefully.”
The Legal 500 2023, International Arbitration: General:
“Paul is approachable and very well connected in the international arbitration world. He has a good knowledge of rules and customs of these kind of proceedings.”
Chambers & Partners 2022, Fraud: Civil:
“He’s extremely clever, has beautiful judgement and is always respected and listened to by the court.” “An ‘advocate’s advocate’ – he’s always correct on the law and the judges know that.” ” He’s an excellent technical barrister – very precise and analytical.”
Chambers & Partners 2022, Insurance:
“Paul is one of the go-to silks for Bermuda Form work.” “He is a very effective cross-examiner.”
Chambers & Partners 2022, Commercial Dispute Resolution:
“A very, very good lawyer, who has one of the best legal brains of his generation.”
The Legal 500 2022, International Arbitration: General Commercial and Insurance:
“A superstar. He is probably the most intelligent person I have worked with at the Bar (and they are all intelligent) and yet he meshes that with a good sense of humour, approachability and tactical acumen. He is my go-to silk for difficult commercial problems.”
The Legal 500 2022, Fraud: Civil:
“Exceptionally clever.”
The Legal 500 2021, Commercial Litigation:
“Completely brilliant – one of the very best that the commercial bar has to offer.”
The Legal 500 2021, Fraud: Civil:
“A force to be reckoned with in civil fraud – robust but backed by extreme intellectual fire power.”
The Legal 500 2021, International Arbitration: General Commercial and Insurance:
“An impressive silk.”
Chambers & Partners 2021, Commercial Dispute Resolution:
“Intelligent, thoughtful and insightful.”
“He is fantastic, and his oral advocacy is impressive and very polished.”
Chambers & Partners 2021, Fraud: Civil:
“A top performer with an exceptional practice.”
“He is incredibly bright and is able to reduce the most complicated things into simple concepts.”
“A good advocate who can put a case across and make it easy for judges to understand.”
Chambers & Partners 2021, Insurance:
“One of the heavyweights of the Insurance Bar.”
“He’s a true insurance expert.”
Chambers & Partners 2019, Commercial Dispute Resolution:
“Knows very clearly which are the best points to focus on, and his oral advocacy is very effective.”
“He’s incredibly cerebral, and a very slick operator who’s charming and easy to deal with.”
Chambers & Partners 2019, Fraud: Civil:
“A strong advocate who integrates well into a team of solicitors.”
“Incredibly bright.”
Chambers & Partners 2019, Insurance:
“Hugely bright and very pleasant to work with.”
“Very persuasive.”
The Legal 500 2019, Commercial Litigation:
“Great rapport with the judges, good presentation skills, and quick on his feet.”
The Legal 500 2019, International Arbitration: Counsel:
“He is great: very clever and hardworking and thoughtful.”
Chambers UK Bar 2018, Commercial Dispute Resolution:
“Incredibly efficient in his ability to describe really complicated points in a few words and distinguish what’s important from what’s rubbish.”
“An excellent advocate and a great strategist.”
Chambers & Partners 2018, Fraud: Civil:
“User-friendly and clever.”
“Brilliant advocate and the go-to barrister for the arcane and the difficult, legally and practically. Utterly unflappable.”
Chambers & Partners 2018, Insurance:
“Very thorough, incredibly bright and strong on strategy, he is a go-to for high-value complex disputes.”
“He is pragmatic, sensible and measured.”
Chambers & Partners 2016, Commercial Dispute Resolution:
“He has the ear of the court and is very good in the way he presents his submissions –he’svery crisp, very concise and very persuasive.”
“He is bright, responsive and great to work with.”
Chambers & Partners 2016, Insurance:
“He just has such a sharp mind; he gets straight to the point and has a laser-like focus.”
Chambers & Partners 2015, Fraud: Civil:
“His particular skill is his wealth of experience: we had several gaps in our knowledge that he was able to plug.”
“A very bright guy who’s willing to consider all the arguments in difficult cases.”
Chambers & Partners 2015, Insurance:
“A towering intellect and someone who is destined for great things,” who is known for the depth of his expertise.
Chambers & Partners 2013, Commercial Dispute Resolution:
“Clients like his style of advocacy and his incisiveness.”
“A very bright guy who’s willing to consider all the arguments in difficult cases.”
- Arbitration & related court applications
Paul has extensive experience of representing clients in ad hoc and institutional arbitrations, including ICC and LCIA arbitrations, covering a wide range of commercial disputes, including insurance and reinsurance and shareholder disputes. Cases include in particular disputes arising out of pharmaceutical products liability. He accepts appointments as an arbitrator.
Significant arbitrations include:
- A related set of arbitrations concerning recovery under a bespoke liability policy covering US risks, for a major pharmaceuticalcompany.
- Bermuda Form arbitrations for a products manufacturer arising out of consumer healthcare products.
- Bermuda Form arbitrations for various manufacturers arising out of historic environmental pollution claims.
- Several Bermuda Form arbitrations for a major pharmaceutical company arising out of the settlement of a mass tort claim.
- Bermuda Form arbitration for a medical devices manufacturer arising out of a mass tort claim.
- LCIA arbitration for investors arising out of the insolvency of a Russian enterprise. LCIA arbitration for venture capital vehicle arising out of shareholder dispute in Russia. LCIA arbitration for investor arising out of shareholder dispute in Russia and Cyprus.
- LCIA arbitration for investor arising out of shareholder dispute in Russia.
- LCIA arbitration concerning shareholder dispute in Russia.
- LCIA arbitration concerning share option agreement in relation to a Russian company.
Cases include:
- Confidential court proceedings leading to grant of injunction to restrain breach of confidence relating to joint venture under section 44 of the Arbitration Act 1996.
- Kruppa v Benedetti [2014] EWHC 1887 (Comm), [2014] 2 Lloyd’s Rep 421
- A v B [2011]EWHC 2345 (Comm),[2011] 2 Lloyd’s Rep 592
- SAB Miller v East African Breweries [2009] EWCA Civ 1564, [2010] 2 Lloyd’s Rep 422
- Loon Energy Inc v Integra Mining (B) Sdn Bhd [2007] EWHC 1876 (Comm)
- Weissfischv Julius [2006] 1 Lloyd’s Rep 716 (CA)
- XL Insurance Co Ltd v Owens-Corning [2001] 1 All ER (Comm) 530
- Case C-126/97Eco Swiss [1999] ECR I-3055;Associated Electric and Gas Services v European Reinsurance Co of Zurich[2003] UKPC11,[2003] 1 WLR 1041
- Banking & financial services
Paul frequently advises on and appears in cases involving the construction of banking and financial services contracts. He has also represented clients and regulators in regulatory proceedings, before the Upper Tribunal, and in the Court of Appeal and the Administrative Court.
Cases include:
- Financial Conduct Authority v Grout [2018] EWCA Civ 71
- Macris v Financial Conduct Authority [2017] UKSC 19; [2017] 1 WLR 1095; [2015] EWCA Civ 490, [2016] 2 All ER 265
- TAEL One Partners Ltd v Morgan Stanley & Co International plc[ 2015] UKSC 12, [2015] 4 All ER 545
- Grout v Financial Conduct Authority [2016] UKUT 302 (TCC) Bittar v Financial Conduct Authority[2016] UKUT 602 (TCC) Vogtv Financial Conduct Authority[2016] UKUT 103 (TCC) Ashton v Financial Conduct Authority [2016] UKUT 5 (TCC)
- R (on the application of Grout) v Financial Conduct Authority [2015] EWHC 596 (Admin)
- Carrimjee v Financial Conduct Authority[2015] UKUT 79 (TCC)
- ING v Ros Roca [2011]EWCA Civ 353, [2012] 1 WLR 472
- Renaissance Capital Ltd v ENRC Africa Holdings Ltd (2011)
- Arch Financial Products v Financial Conduct Authority[2015] UKUT 13 (TCC)
- Whistlejacket Capital Ltd [2008] EWCA Civ 575, [2008] 2 BCLC 683
- Chancery litigation and commercial chancery
Paul advises and appears in chancery litigation and commercial chancery cases involving commercial, financial, or civil fraud issues.
Cases include:
- Iiyama (UK) Ltd v Samsung Electronics Co Ltd [2016] EWHC 1980 (Ch)
- Webb v Lewis Silkin LLP[2015] EWHC 687 (Ch)
- Rawlinson v Hunter Trustees Ltd v ITG Ltd [2014] EWHC 3764 (Ch)
- African Strategic Investment (Holdings) Ltd v Main [2011] EWHC 2223 (Ch)
- Whistlejacket Capital Ltd [2008] EWCA Civ 575, [2008] 2 BCLC 683
- Brown v Bennett [2002] 2 All ER 273
- Civil fraud & asset recovery
Paul often advises and acts in cases of civil fraud, acting for both claimants and defendants. He has appeared in many cases involving freezing injunctions, and has brought and defended committal proceedings in contempt cases. He has appeared in England an in the BVI.
Cases include:
- ArcelorMittal USA LLC v Essar Steel Ltd [2019] EWHC 724 (Comm)
- National Bank Trust v Yurov (2018) (Commercial Court)
- National Crime Agency v Blue Holdings Ltd [2016] EWCA Civ 760
- Otkritie International Investment Management v Urumov [2014] EWCA Civ 1315, [2015] CPRep 6
- Otkritie International Investment Management v Gersamia [2015] EWHC 821 (Comm)
- Concept Oil Services v En-Gin Group LLP [2013] EWHC 1897 (Comm)
- JSC BTA Bank v Solodchenko [2010] EWHC 2843 (Ch); [2011]1 WLR 906, [2010] EWCA Civ
- 1436, [2011]1 WLR 888
- The Cherney v Deripaska litigation
- Brown v Bennett [2002] 2 All ER 273
- The long-running cases of Compagnie Noga d’Importation et d’Exportation SA andTajikAluminium Plant v Ermatov
- Commercial dispute resolution
Paul has wide experience of commercial litigation, including cases involving jurisdictional and choice-of-law issues. Broad subject-matters include confidentiality and privacy, competition law, and aspects of European law and public law. Author of The Law of Confidentiality: A Restatement (2008).
Cases include (see also Arbitration):
- APFL v CAI [2018] EWHC 3315 (Comm)
- Iiyama (UK) Ltd v Samsung Electronics Co Ltd [2018] EWCA Civ 220, [2018] 4 C.M.L.R. 23; [2016] EWHC 1980 (Ch)
- Rawlinson v Hunter Trustees Ltd v ITG Ltd [2014] EWHC 3764 (Ch)
- Cadogan Petroleum Holdings Ltd v Global Process Systems LLC [2013] EWHC 214 (Comm),[2013] 2 Lloyd’s Rep 26
- New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB)
- African Strategic Investment (Holdings) Ltd v Main [2011] EWHC 2223 (Ch)
- Re Chief Justice of Gibraltar [2009] UKPC 43
- St Ivel Ltd v Wincanton Group Ltd [2008] EWCA Civ 1286
- Douglas v Hello! Ltd (No 3) [2008] 1 AC 1
- Anya v University of Oxford [2001] ICR 847
- Wilson v Housing Corporation [1998] ICR 150
- Financial Regulatory
Paul has experience of financial regulatory work, and has acted for the FCA and for the subjects of proposed regulatory action. He has appeared in the RDC, and before the Upper Tribunal and the Court of Appeal in regulatory cases.
- Freezing orders, search orders and Norwich Pharmacal disclosure orders
Paul frequently advises and appears for claimants and defendants in freezing injunction and search order cases.
Case include:
- ArcelorMittal USA LLC v Essar Steel Ltd [2019] EWHC 724 (Comm)
- Danilina v Chernukhin [2017] EWHC 3052 (Comm)
- Rafael Advanced Defense Systems Ltd v Mectron Engenharia Industria E Comercio SA [2017] EWHC 597 (Comm)
- Attheraces Ltd v Ladbrokes Betting and Gaming Ltd [2017] EWHC 431 (Ch)
- Insurance & reinsurance
Paul has a broad experience of insurance and reinsurance, with a particular expertise in liability insurance including complex pharmaceutical and products liability insurance.
Most of Paul’s insurance cases are subject to arbitration. Recent experience includes:
- Multi-level tower of $650m patent liability insurance involving a large number of arbitrations against various carriers.
- Several claims involving allegations of pollution by MTBE raising issues of the distinction between first and third party damage.
- Multiple layers of insurance coverage for pharmaceutical company, raising issues of allocation and proof of loss arising out of class-action settlements.
- Several layers of coverage relating to consumer healthcare products raising issues of proof of loss.
- High level excess of loss insurance arbitration claim raising question of proof of injury where an implanted medical device is defective but has not yet failed.
- Insurance for major loss resulting from defective design of large civil-engineering project.
- High Court proceedings regarding interaction of US asbestos trust with English law insurance and reinsurance policy (for captive insurer).
Paul’s experience includes asbestos claim (notably coverage for defendants accused of producing defective protection equipment, and reinsurance coverage for an asbestos products manufacturer under a plan adopted pursuant to Chapter11).He also has experience of liability claims arising out of a variety of other progressive losses including historical pollution by utilities companies, chemical companies, and oil companies.
The cases in which Paul has been involved cover a wide range of issues including policy construction under both English and New York law, proof of loss, breach of warranty claims, choice of law, misrepresentation and non-disclosure, and the allocation of historical and progressive losses. Many of the cases involve complex technical issues, such as actuarial,epidemiological, or medical issues.
Drafting and policy interpretation
Paul has often advised on policy interpretation issues in relation to claims. He has been responsible for drafting a bespoke policy to address a specialised risk, and on other occasions in advising on policy language. He has advised on the application of FSMA and on regulatory issues.
Other related areas
He has current experience of professional negligence claims both in the insurance context (alleged broker’s negligence) and in allied areas such as alleged negligence by lawyers, accountants and tax advisers. He has wide experience of arbitration issues, both in arbitrations and in court proceedings connected with them, including anti-suit injunctions.
Publications
Paul is the co-author of a textbook on the standard Bermuda Form policy of liability insurance. He has given talks on insurance issues at ARIAS, BILA, and ABA conferences.
- Offshore litigation
Paul has appeared in interlocutory applications, trials, and appeals in the BVI. He has assisted local advocates with litigation and applications in Jersey and Guernsey.
- Career
2015 Middle Temple (Bencher)
2011 Called to Eastern Caribbean Supreme Court
2010 Took Silk
1993 BVC (Inns of Court School of Law), called to the Bar (Middle Temple)
- Education
1992 LLM, Harvard Law School
1991 BA (Law) (First Class), Cambridge University, Downing College
- Awards
Queen Mother’s Scholar (Middle Temple)
Kennedy Memorial Scholar
