Adam Zellick
Call Date
2000
Practice Areas
Adam Zellick has a strong, broad-based commercial practice with a particular emphasis on:
- Arbitration and arbitration appeals
- Aviation
- Banking
- Civil Fraud
- Commercial Litigation
- Conflict of laws
- Insurance/reinsurance
- Professional negligence
Recommendations (Practitioners' Guides)
Recommended as an up and coming commercial litigation Junior by Chambers and Partners. Chambers and Partners 2008 notes Adam Zellick is a “junior pegged for future stardom". He is further described as bringing a ‘perceptive and nuanced’ touch to an extensive commercial practice.”
The Legal 500 for 2008 recommends Adam in the fields of Aviation and Civil Fraud.
Education
MA (Cantab)
Prizes & Scholarships
Middle Temple:
Queen Mother Scholar, 1999
Sachs Prize, 2000
Cambridge University:
Squire Scholar, 1997, 1998
Caius College:
Tapp Postgraduate Scholar in Law, 1999
Senior Scholar, 1998
Scholar, 1997
Frere Smith Prize for Law, 1999
Sir William McNair Law Prize, 1997, 1998
Sir William McNair Mooting Prize, 1997
Professional Experience
Adam has very extensive experience in his areas of practice. Taking 2006 alone, for example, he acted and advised in a number of serious international and multi-jurisdictional civil fraud claims with a combined value of well over US$1 billion; he has been sole counsel in a continuing major banking matter shortly to be heard at a 10-day trial; he was counsel in three matters in the course of international arbitration; and he acted in a number of significant commercial disputes appearing in the Commercial Court, the Chancery Division, the Queen’s Bench Division and in mediation. He is the author, among other publications, of a leading text on civil aviation (published in 2006). Adam has been instructed in and is at home in all forms of commercial dispute resolution up to and including very heavy, multi-party, expert-intensive, high value, publicity-sensitive commercial actions and arbitrations. Adam aims to bring a client-focused, pragmatic, thorough and good-humoured approach to every case.
Recent Practice
The contents below are current only to 2006 but will be updated as soon as possible. Pending imminent update, details of more recent cases and experience can be provided on request.
Arbitration and arbitration appeals
Counsel in three matters in the course of international arbitration in 2006 (which covered ICC, LCIA and ad hoc arbitration but the details of which remain confidential), Adam has wide knowledge and broad experience of different forms of arbitration both procedurally and substantively. He has also acted and advised in a number of arbitration appeals, both to uphold and to challenge awards, including (with Jeffrey Chapman) Westland Helicopters v Sheikh Salah Al-Hejailan [2004] 2 Lloyd's Rep 523.
Aviation
Adam is the author of Civil Aviation Vol 8(1) Atkin’s Court Forms, published in summer 2006. He regularly acts for and advises airlines, airports and aircraft manufacturers. Cases have included air crashes, airline carrier liability and issues of aviation security. He was also instructed (with Akhil Shah) as an expert witness on English law in foreign proceedings relating to an aircraft sale agreement. In the last year, Adam acted as sole counsel for the Claimants in what would have been a heavy Commercial Court dispute relating to aircraft leasing, in which settlement was reached before proceedings needed to be issued.
Banking & Finance
Adam has extensive experience of acting on behalf of banks across a number of substantial claims and a whole range of banking matters, including breach of mandate, Liggett defence, mortgage, guarantee, debentures, letters of credit, fraud, money laundering, POCA etc. Recent cases include Barclays Bank v Kingston [2006] EWHC 533 (QB), [2006] 1 All ER (Comm) 519, [2006] 2 Lloyd's Rep 58 (the proper construction of bank guarantees); Dakers v NatWest (an ongoing case covering a range of issues including money laundering legislation); Credit & Mercantile v Marks (setting aside of an improper witness summons).
Civil Fraud
Civil fraud and freezing injunctions are a particular specialism. In 2006 alone, Adam acted and advised in a number of serious international and multi-jurisdictional civil fraud claims with a combined value of over US$1 billion. In addition to the cases listed below, Adam has recently been instructed in several very high value fraud cases where the details remain strictly confidential as well as in various smaller money laundering cases, property frauds (including an auction fraud) and frauds by directors. Recent cases include:
- Cinar Corp v Panju [2006] EWHC 2557, [2006] All ER (D) 350 (Oct). This case is also available on Lawtel and is shortly due to appear in the All ER (Comm) series and in the Lloyd’s Law Reports. Adam acts as junior counsel for the Claimants in this ongoing matter in the Commercial Court in which a very substantial international fraud of over $100 million is alleged by the Claimants including that their former Chief Financial Officer was involved with others in misappropriating huge sums from the Claimants. The Claimants have obtained multi-jurisdictional worldwide freezing orders against the Defendant as well as various heads of complicated ancillary relief. In the aspect of the case which is reported, the case established for the very first time that ancillary orders, in particular for delivery up of documents, were available in freezing injunction cases even where the underlying claim was not a proprietary one.
- Loyds Realty Developments v Sofer – counsel for the Claimants in this heavy action in the Chancery Division claiming several million pounds and other relief in relation to allegations of serious fraud in the course of commercial property dealings.
- Re Risorgimento – acted (with Stephen Rubin QC) for Risorgimento in a multi-million pound international fraud action in the Chancery Division.
- Re Atikpakpa – acted for the Law Society (with Timothy Dutton QC) in a series of frauds by a dishonest solicitor.
Commercial Litigation
Adam is accustomed to all manner of commercial disputes ranging in scope from the heaviest actions (to equally important but) smaller matters. Recent cases have related to share swap transactions, factoring agreements, the purchase of a major international company, disputes over the ownership of various businesses and companies, power stations, various commercial property transactions, the management of commercial property, solicitors' fees and liens, reservation of title clauses, relations between sports clubs and similar sports law issues, agents’ entitlements to professional fees and commissions, a senior executive's liability for costs and a television advertising campaign. Adam has acted and advised in other general commercial disputes, including in relation to the sale of cars, coaches, professional racing bicycles and a crane. He has acted for numerous car makers and is commonly retained as junior counsel by a particular major car manufacturer. Significant 2006 matters (of which details can be given) have included the following:
- Cashtec Services Ltd v (1) Spinnaker International Ltd (2) Fluiditi Ltd – acted (with Brian Doctor QC) for the First Defendant in this major claim for well over £20 million assigned to Jackson J in the TCC. The case settled before trial.
- Bridgend Rugby Football Club v The Welsh Rugby Union – acted (with David Railton QC) for the Welsh Rugby Union in this substantial action relating to the restructuring of the Welsh Premiership rugby union division.
- Look Cycle International v Blue Ridge – counsel for the Claimants in this Queen’s Bench action involving jurisdictional and partnership issues and relating to unpaid invoices rendered by the Claimants, one of the world’s leading bicycle component manufacturers.
Conflict of laws and international litigation
Adam has wide experience of advising and appearing on conflicts issues in the High Court, including on the enforcement of foreign judgments in England and the enforcement of English judgments abroad, service of proceedings out of the jurisdiction, challenges to jurisdiction and choice of law. He has also regularly been instructed by and acted in concert and as a part of a team with foreign lawyers from a wide range of jurisdictions, including from Canada, the US, the Middle East and the Far East, both for proceedings taking place in England and proceedings taking place abroad.
Construction
In the area of construction, Adam has acted and advised in a number of disputes including most recently a dispute relating to the construction of a power station and (with Brian Doctor QC) in relation to a major construction project in Africa.
Insurance & Reinsurance
Adam is regularly instructed to advise and act in insurance disputes, particularly involving insurance coverage, compliance with conditions, misrepresentation/non-disclosure and brokers' negligence. He is currently instructed in an ongoing matter relating to whether a policy responds to the loss suffered.
Media & Entertainment
Adam has particular experience of advising in relation to disputes arising from advertising and sponsorship contracts.
Mediation
Adam has been instructed in numerous mediations both appearing at the mediation and drafting position papers. He has also argued a number of case management issues as to the court’s powers in ordering or directing mediation, the costs consequences arising out of mediating or not mediating and the appropriateness of the court’s involvement in considering mediation.
Professional Negligence
Adam has broad experience of solicitors' negligence cases, particularly on behalf of solicitors and their professional indemnity insurers. He is currently acting in several ongoing solicitors’ cases. He has also acted and advised in professional negligence cases concerning land valuation and surveying, accountancy, architectural design work, design engineering, insolvency administration and insurance broking.
Civil Liberties, Human Rights and Public International Law
Adam has done a range of habeas corpus work, in particular some pro bono matters in relation to detainees at Guantanamo Bay, and (perhaps of most high-profile significance in 2006) was a signatory to the English Bar’s Amicus Brief in the case of Hamdan v Rumsfeld in the Supreme Court of the United States. He was previously part of the amicus team in Rasul v Bush (also in the US Supreme Court). He has recently acted for the Applicants in Watkins & Son v RSPCA (QBD) in a case relating to the powers of the RSPCA and the HRA.
Publications
Author, Civil Aviation Vol 8(1) Atkin’s Court Forms (Butterworths, 2006)
Contributor, Bullen and Leake and Jacob's Precedents of Pleadings (14th edn, Sweet & Maxwell, 2000)
Commissioned to write The Law of Habeas Corpus (3rd edn, OUP) with the Hon Mr Justice Robert Sharpe (Ontario Court of Appeal)
Contributor and law reporter, Civil Procedure Reports ("The White Book Law Reports", Sweet & Maxwell)
The “Civil Aviation” section in Atkin’s Court Forms
Other Experience
Supervisor in Law, Gonville and Caius College, Cambridge (2001-02)
Research Assistant, Law Commission of England and Wales (2000-01)
Member: COMBAR, LCLCBA, South Eastern Circuit
Interests
Interests include running (including the London Marathon, 2000, 2005 and 2006), sport, films