Deborah Horowitz
Call date
2010
Practice Areas
Deborah is developing a broad commercial and civil practice in line with Chambers’ profile, and she regularly appears in the High Court and the County Courts.
Prior to joining Fountain Court, Deborah was admitted as a barrister and solicitor in Victoria in 2004. She worked as a litigation solicitor at Mallesons Stephen Jaques in Melbourne, and then, from 2007 to 2010, at Freshfields Bruckhaus Deringer LLP in London.
In addition, she has a particular interest in banking and financial litigation, and she is the sole of author of Letters of Credit and Demand Guarantees: Defences to Payment (OUP, 2010).
She is developing a practice in the following areas:
- Banking and financial services
- General commercial litigation
- Conflict of laws and jurisdiction
- International trade finance and sale of goods
- Insurance and reinsurance
- Aviation and shipping
- Civil fraud
Education
D.Phil, Merton College, Oxford
M.Phil, Merton College, Oxford (Distinction)
BCL, Merton College, Oxford (Distinction)
BA (Hons) (English and French), University of Melbourne
LLB (Hons), University of Melbourne
Professional experience
Banking and financial services
- Recently instructed (led by Richard Handyside QC) in relation to an application for a declaration that an investment bank could assist in a transaction involving the purchase of $400m notes.
- Recently instructed (led by Richard Handyside QC) to represent a large investment bank in a dispute with a hedge fund in relation to a credit default swap governed by an ISDA Master Agreement, in which the reference obligation was a $175 million loan from the bank. The case involved consideration of the principles from BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc [2011] 1 WLR 2524.
- Acting on behalf of a large commercial bank in its defence of a claim for £18 million in relation to an interest rate swap.
- Appearing for banks and other financial institutions in relation to claims under derivatives, guarantees and other financial instruments.
- Advising and appearing on behalf of a bank in a fast-track trial in respect of alleged mis-selling of payment protection insurance (PPI).
- Advising and appearing for a bank in a trial in relation to payments owing under a loan agreement.
- Advising and appearing for a bank in a trial relating to debts owing to the bank under a factoring agreement.
- Assisting Andrew Mitchell QC (during pupillage) in the defence of a firm of stockbrokers in relation to allegations that it mis-sold CFDs.
Past experience as a litigation solicitor, working under the supervision of relevant partners, included:
- Representing (with Michael Blair QC) Deutsche Bank in its defence of Italian proceedings involving alleged mis-selling of bonds issued by Parmalat pursuant to an EMTN programme.
- Acting for a large international investment bank in its defence of allegations, including those made by the FSA and the SEC, that it mis-sold mortgage-backed CDOs.
- Representing an investment bank in a dispute emerging from the Icelandic financial crisis, in which the bank had entered into a total return swap, pursuant to an ISDA Master Agreement, with an Icelandic bank.
- Representing investment banks in disputes involving derivatives, other financial products and jurisdiction issues, including: acting for a bank in relation to claims brought against its Spanish branch in the Madrid courts, relating to swaps, forwards and puts; and acting for a bank in its defence of claims by Turkish entities in connection with swaps and puts.
- Acting for a large bank in its defence of claims brought by Korean banks in the Seoul District Court for payment under letters of credit and bills of exchange; attending an associated mediation.
Commercial litigation
- Acting (in a team led by Richard Coleman) for a Guernsey incorporated cell in pursuing a claim for negligence and breach of fiduciary duty against an investment management company which was entrusted with the management of assets in excess of $150 million.
- Acting on behalf of a mining company in a recent appeal in relation to costs issues.
- Advising investors in relation to claims arising from the Madoff Ponzi scheme.
Past experience as a litigation solicitor, working under the supervision of relevant partners, included:
- Acting for a Bermudian reinsurer, which was the target of a hostile takeover bid, in two sets of court proceedings in Bermuda: first, involving the enforceability of a break fee clause in a merger agreement; and secondly, in relation to a proposed scheme of arrangement.
- Representing a telecommunications company in its defence of proceedings brought by the supplier of technology for a 3G network.
- Defending a large accounting firm in a claim brought against it by a commodities broker.
- Representing an international pharmaceuticals company in its defence of claims brought in relation to allegedly defective hair-dye products.
- Advising on actions against the manager of feeder funds affected by the Madoff Ponzi scheme.
- Advising the purchaser of a property business on claims for breach of warranty.
- Acting for a bank in its dispute with the Revenue in relation to payment of National Insurance Contributions.
Financial regulation and investigations
- Acting for a large commercial bank in relation to claims arising in respect of payment protection insurance (PPI), involving the ICOB(S) provisions of the FSA Handbook.
- Advising a bank in its response to allegations that it has breached BCOBS and other provisions of the FSA Handbook.
Past experience as a litigation solicitor, working under the supervision of relevant partners, included:
- Representing a large international reinsurance broker in its response to claims and regulatory investigations (brought by the FSA, the SEC and the DOJ) in relation to alleged third party payments and bribery in the UK, US and Asia.
- Representing a large investment bank in its response to regulatory investigations by the FSA and the SEC in respect of alleged mis-selling of CDOs - involving consideration of the FSA’s Principles, SYSC, COBs, etc.
- Representing a bank in relation to an SEC investigation associated with Sarbanes-Oxley issues.
- Representing banks and other institutions in relation to FSA and FOS-related matters – eg data theft, mis-selling, etc - involving frequent consideration of the FSA Handbook.
Prizes and scholarships
UK Foundation for International Uniform Law Scholarship for Doctoral Studies (2008)
Rae and Edith Bennett Travelling Scholarship for Doctorate (University of Melbourne, 2006-2009)
Exhibition for the BCL (Merton College, Oxford, 2006)
British Chevening Scholarship and Rotary Scholarship for the BCL (British Council and Rotary, 2005)
David Wells Law Scholarship (Trinity College, University of Melbourne, 2000-2001)
Faculty Prize for Restitution Law (University of Melbourne, 2000)
Faculty Prize for Property Law (University of Melbourne, 1999)
Melbourne National Scholarship (inaugural) (University of Melbourne, 1997-2000)
Publications and other experience
- Sole author of Letters of Credit and Demand Guarantees: Defences to Payment (Oxford University Press, 2010) and a number of refereed articles on banking and international law
- Former Lecturer and Tutor in Contract Law, University of Melbourne (2000, 2002)
- Fluent in French