Professional practice

Paul Stanley QC has a broad practice across a wide range of commercial disputes.

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

“An excellent advocate and strategist.”

Legal 500 UK Bar 2016 – Commercial Litigation & International Arbitration

“He has the ear of the court and is very good in the way he presents his submissions – he’s very crisp, very concise and very persuasive.” “He is bright, responsive and great to work with.”

Chambers UK Bar 2016 – Commercial Dispute Resolution

“He just has such a sharp mind; he gets straight to the point and has a laser-like focus.”

Chambers UK Bar 2016 – Insurance

“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 UK 2015 – Fraud: Civil

“A towering intellect and someone who is destined for great things,” who is known for the depth of his expertise.

Chambers UK 2015 – Insurance

“Clients like his style of advocacy and his incisiveness.” “A very bright guy who’s willing to consider all the arguments in difficult cases.”

Chambers UK 2015 – Commercial Dispute Resolution

Really excellent.”

Legal 500 2014 – International Arbitration: Counsel

“Highly rated for general commercial and insurance disputes.”

Legal 500 2014 – Commercial litigation

“An outstanding narrative advocate” with a “first-rate intellect.” Instructing solicitors say: “His attention to detail, commitment and high intelligence shine through very clearly,”

Chambers Global 2013

UK- dispute resolution: commercial

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.

Recent arbitrations include:

  • A related set of arbitrations concerning recovery under a bespoke liability policy covering US risks, for a major pharmaceutical company.
  • 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.

Cases include:

  • 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)
  • Weissfisch v Julius [2006] 1 Lloyd’s Rep 716 (CA)
  • XL Insurance Co Ltd v Owens-Corning [2001] 1 All ER (Comm) 530
  • Case C-126/97 Eco Swiss [1999] ECR I-3055; Associated Electric and Gas Services v European Reinsurance Co of Zurich [2003] UKPC 11, [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:

  • 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)
  • Vogt v 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)
  • Macris v Financial Conduct Authority [2015] EWCA Civ 490, [2016] 2 All ER 265
  • 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 tracing

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:

  • National Crime Agency v Blue Holdings Ltd [2016] EWCA Civ 760
  • Otkritie International Investment Management v Urumov [2014] EWCA Civ 1315, [2015] CP Rep 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 and Tajik Aluminium 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):

  • Iiyama (UK) Ltd v Samsung Electronics Co Ltd [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.

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.

Recent experience

Most of Paul’s 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 Chapter 11). 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