Brian Doctor QC
Call date
1991
Silk date
1999
Practice Areas
Brian Doctor has a broad commercial and civil practice, specialising in:
- All areas of commercial law, including banking and insurance;
- Competition; and
- Civil Fraud
Recommendations (Practitioners' Guides)
Brian Doctor's ‘commitment and tenacity are outstanding’. (Legal 500, 2010 edition)
In Chambers & Partners (2010 edition) Brian is described as “a man with jaw-dropping intellect.” (commercial dispute resolution), and a “robust cross-examiner and accomplished litigator who can turn his hand to extremely complex matters.”
In the 2009 edition of Chambers & Partners, Brian Doctor is recommended in Commercial Dispute Resolution which commented on his "outstanding intellectual ability" and in Civil Fraud where he was described as "dogged and determined".
He is recommended in Civil Fraud by The Legal 500 (2007 edition) which commented, “Brian Doctor QC has been involved in noteworthy cases.....and is highly rated as one of the leading commercial silks at the Bar.”
In the 2008 edition of the same publication he is also recommended in Banking and Finance.
Education
BCL; BA, LLB
(Called to be Bar in South Africa 1980, Silk 1990)
Professional Experience
Brian Doctor has a broad commercial law practice. He started his professional career as a solicitor in London, then practised at the Bar in South Africa (took Silk there after 10 years), and has practised at Fountain Court since 1992 (took Silk in England in 1999). His case experience includes banking, insurance, competition and general hard-fought business disputes, many of them between international litigants. He also sits as an arbitrator, and has extensive arbitration experience as counsel both here and abroad.
Areas of Specialty:
Banking and financial:
Brian has an extensive practice of advising in banking matters, and claims for and against banks, both in the UK and abroad. In the last year he has advised Singapore clients in connection with the Lehman Brothers collapse, a claim against a Swiss bank for negligence, issues arising for a bank in connection with the Australian litigation regarding the Bell bankruptcy, and enforcement in England of a Spanish judgment in favour of a Spanish bank.
Notable banking litigation:
BTA Bank v Ablyazov (2009- 2010), claim by Kazakh Bank against its former chief executive.
Office of Fair Trading v Abbey National Plc and others [2008] EWHC 875 (Comm): trial regarding overdraft charges and fairness under the UTCCA:
Advised OFT in connection with Credit Card default charges, leading to OFT Guidance in April 2006
Three Rivers District Council and BCCI v Bank of England [2004 - 2005]. Acted for Bank of England
Shamil Bank of Bahrain v Beximco Pharmaceuticals Ltd [2004] 1 WLR 1784 choice of law, Islamic banking
Komercni Banka AS v Stone & Rolls Ltd [2003] 1 Lloyd's Rep. 383. Fraudulent presentation of letters of credit
UPC v Deutsche Bank 2000. Banking confidentiality, and alleged duty not to compete with customer
Swiss Bank Corporation v Premier League The Times, 9 February 1995. Financial advice by bank. Claim for success fee.
Islington Borough Council v Morgan Grenfell. Interest rate swaps
Islington Borough Council v Hambros Bank. Interest rate swaps
The Bank of England v Gibson and others, The Times, 9 May 1994. Mareva application against employees of the Bank who stole notes from the printing workers. Then, the trial for successful recovery of the money.
Civil Fraud and Bribery:
Brian has acted in the two largest civil fraud cases of recent years: Tajik Aluminium, and BTA Bank v Ablyazov. He has been involved in many aspects of the law, raised in those cases. In addition, he has acted as arbitrator in this field.
BTA Bank v Ablyazov: claims by Bank against former chief executive
Komercni Banka AS v Stone & Rolls Ltd [2003] 1 Lloyd's Rep. 383. Fraudulent presentation of letters of credit
TadAZ v Ermatov and Ansol. Acted for Defendants in largest commercial fraud claim ($540m) to come to trial in the Commercial Court. 2005 – 2008. Settled end 2008.
Jurisdiction and Conflict of Laws:
Brian regularly advises on conflict of law issues, including enforcement of foreign judgments, relevant law disputes in contract and tort and unjust enrichment cases. Notable cases which have involved actual litigation include:
Tajik Aluminium v Ermatov: challenge to jurisdiction by Part 20 Defendants: judgment of Commercial Court : [2006] EWHC 2374 (Comm)
Ansol v Rusal: jurisdiction challenge in computer hacking case: judgment of Commercial Court [2006] EWHC 2545 (Comm)
Connelly v RTZ Corporation [1998 AC 354 (HL); [1996] 2 WLR 251(CA): acted for RTZ in forum non conveniens proceedings: clam by employee of foreign subsidiary against English parent company. House of Lords
Lubbe v Cape Plc [1998] CLC 1559;
Afrika v Cape Plc [2000] 1 WLR 1545 (HL); [2000] 2 Lloyd’s Rep. 283. House of Lords. Acted for Cape Plc in forum non conveniens proceedings: group action by thousands of foreign claimants alleging asbestos injuries.
Simon Engineering Plc v Butte Mining Plc and Ernst and Young [1996] 1 Lloyd’s Rep. 104. Anti-suit injunction.
Hellenic Mutual War Risks Insurance Association (Bermuda) Limited v Wave City Shipping Company Limited. Anti-suit injunction involving a foreign defendant to enforce a London arbitration clause.
Casio Computer Corp v Kaiser (CA) [2001] I.L.Pr 43. Choice of Law in knowing receipt and dishonest assistance
Freezing Injunctions, witness summonses and disclosure of documents:
JSC BTA Bank v Ablyazov: freezing orders, restriction of information to solicitors, [2009] EWHC 2840 (Comm), [2009] All ER (D) 160:
JSC BTA Bank v Ablyazov [2009] EWHC 3267 (Comm): maximum sum orders
JSC BTA Bank v Ablyazov: [2010] EWHC 90 (Comm), [2010] All ER (D) 68 (Feb) freezing orders and risks to third parties
JSC BTA Bank v Ablyazov: [2009] EWCA Civ 1125: disclosure of documents and privilege against self-incrimination
Tajik Aluminium v Ermatov and others [2005] EWCA Civ 1218 (CA) (witness summons, arbitration)
Tajik Aluminium v Ermatov and others [2005] EWHC 2241 (Ch) (discharge of freezing order)
Insurance:
Brian has advised on many insurance related issues, both in the UK and South Africa. Litigation includes:
Henderson v Merrett Syndicates Ltd [1997] Ll. Reins. L.R.265 Professional negligence: Represented the Lloyd’s Names in their successful claim against their Agents and Auditors. Also in the contribution proceedings: [1997] Ll. Reins. L.R.247
Colin Baxter v Lombard Continental Insurance Plc Moral hazard and liability of principal for fraud of agent.
Dodson v Peter Dodson Insurance Services (CA) [2001] 1 Lloyd's Rep 512; [2001] 1 WLR 1012. Interpretation of motor insurance policy.
Society of Lloyd’s v Dougan [2003] Strike out for want of prosecution
Competition:
The Medicaments Reference, (2001) Represented the Director-General of the Office of Fair Trading in the successful application to remove Resale Price Maintenance on over-the-counter medicines.
Argos and Littlewoods v The Office of Fair Trading; acted for the OFT in various applications, and the trial regarding Chapter 1 price fixing [2004] CAT 24; [2004] All ER (D) 203 (judgment on liability). Court of Appeal:
Argos and Littlewoods v The Office of Fair Trading [2005] CAT 13 judgment on penalty
Advised OFT on Credit Card Default charges, leading to settlement with credit card companies, and tobacco retailing.
Bookmakers Afternoon Greyhound Races v Amalgamated Racing: Acted for Defendants in abuse dispute between race-courses and bookmakers [2008] EWHC 1978 (Ch),
Bookmakers Afternoon Greyhound Races v Amalgamated Racing: counterclaim for alleged cartel [2008] EWHC 2688 (Ch).
Limitation:
Cave v Robinson Jarvis and Rolf [2002] WLR 1107 (House of Lords) Deliberate concealment
Connelly v RTZ Corporation [1999] CLC 533. Foreign Limitation Periods Act.
Hallam-Eames v Merrett Syndicates Ltd The Times, 25 January 1995 (C.A.)
Various Art- related claims: Advised in various art-work claims, including as to ownership resulting from limitation expiry
Art claims:
Advised and acted as expert witness on a number of claims relating to works of art: possession, ownership, limitation, Nazi-seizure. 2005 - 2007
Computer Hacking
Computer hacking: Ansol v Rusal [2006] EWHC 2545 (Comm).
Distribution Contractsand relationships
Brian has advised in connection with many different types of distribution contract, including software. Notable cases resulting in ligitation:
G A Ltd v H N Jewelry (Asia) Ltd [2004] EWCA (Civ) 674; construction of distribution agreement: rolling term contract
Fiat-Kobelco Construction Machinery SpA v HM Plant Limited. Excavator distributorship agreement, on-going High Court litigation, followed by international arbitration: 2002 - 2007
Eurofi Limited v Teletech UK Limited, 1998. Claim for commission on contract to provide assistance with Regional Development Subsidies
Pandora Investment SA v Momentum Films Ltd. (CA) 1999. film distribution contract (“Shine”); claim for license fee.
Equity:
Tajik Aluminium v Ermatov and others [2006] EWHC 7 (Ch) (proprietary injunction)
Westdeutsche Landesbank v Islington [1996] AC 669 (H.L.) and [1994] 1 WLR 938 (C.A.). Leading case on equitable proprietary remedies, and compound v simple interest.
Transag Haulage Ltd v. Leyland Daf Finance [1994] BCC 356. Relief from forfeiture.
Re ASRS Establishment (In Administrative Receivership) [2000] 1 B.C.L.C. 727. Whether debenture creates fixed or floating charge.
Casio Computer Corp v Kaiser, (CA) [2001[ I.L.Pr 43. Knowing receipt; knowing assistance.
Professional Negligence:
Bristol and West Building Society v Kramer & Co The Times, 6 February 1995. Professional negligence claim (solicitors) that succeeded on summary judgment.
Young v Robson Rhodes [1999] 3 All ER 524; [1999] Lloyd’s Rep. P.N. 641. Professional negligence; confidentiality and the role of Chinese walls;: auditors of Lloyd’s syndicate.
Arbitration:
Brian has acted as an arbitrator in several disputes involving international parties, both under LCIA and ICC jurisdiction, and in South Africa.
Frequently appeared as counsel in international (ICC and LCIA) arbitrations, under English law and foreign legal systems, for example Russian, Tajik and Azerbahjian law in a Swiss arbitration.
Now acting in arbitrations involving Russian parties, and Israeli parties.
Languages
Afrikaans