Brian Doctor QC
Fountain Court Chambers
Temple
London , EC4Y 9DH United Kingdom
+44 (0)20 7583 3335
Fax +44 (0)20 7353 0329
Brian Doctor QC

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