Chloe Carpenter
Call Date
2001
Practice Areas
Chloe Carpenter has a broad commercial and civil practice, specialising in:
- All areas of commercial law
- Professional negligence
- Professional discipline and regulation
Summary of Practice
Chloe has a broad commercial practice covering all areas of commercial law, in particular, arbitration, commercial litigation, banking and insurance work. She is currently acting as junior counsel in an arbitration concerning an insurance dispute arising out of mortgage endowment misselling. She recently acted as second junior counsel in the Box Clever Securitisation litigation (duties of arranger and joint lead manager in the context of a securitisation) and as second junior counsel in an arbitration concerning an insurance dispute. She also has extensive experience in professional negligence matters (for example acting as junior counsel in the House of Lords in Hilton v Barker Booth and Eastwood [2005] UKHL 8) and all aspects of the professional discipline/regulation of solicitors, regularly advising on and acting in disciplinary proceedings and appeals, IPS matters, cases arising out of interventions and appeals against conditions on practising certificates. For example, she is currently acting as junior counsel for the SRA in the miners’ compensation cases.
Education
BVC, Inns of Court School of Law (Very competent) (2001)
BCL, Oxford, Brasenose College (Distinction) (Proxime accessit to the Vinerian Scholarship, i.e. second highest mark in the year) (2000)
LLB, King's College London (First Class) (Top first in the university) (1999)
Prizes & Scholarships
Wilfred Parker Prize for Evidence, Civil Litigation and Criminal Litigation, Inns of Court School of Law (2001) Mansfield Scholarship, Lincoln's Inn (2000)
Hardwicke Entrance Award, Lincoln's Inn (2000)
Restitution Prize, Oxford University (2000) (highest mark in the university for law of Restitution on the BCL)
Arts and Humanities Research Board Award for Postgraduate Study (1999)
Sweet and Maxwell Prize, King's College London (1999) (highest Honours in the LLB)
Strand Trust Prize, King's College London (1998 and 1999) (highest overall marks in Parts I and II of the LLB)
Barlow Lyde and Gilbert Prize for Tort, King's College London (1998) (best paper)
Harold Potter Prize for Property, King's College London, (1998) (joint best paper)
Withers Prize for Trusts, King's College London, (1998) (2nd best paper)
Laws Exhibition Prize, King's College London, (1997 and 1998)
Recent Practice
Arbitration
Acted (with David Railton QC and Marcus Smith) as second junior counsel for the insured in a three-week arbitration concerning an insurance dispute with Lloyds insurers (2007).
Currently acting as junior counsel (with Michael Brindle QC) in an insurance dispute arising out of mortgage endowment misselling.
Banking & Finance
Acted as a second junior counsel (with Michael Brindle QC and Craig Orr) for Close Brothers Corporate Finance in defending a claim for £180m by UGC (2004-5, settled before trial). Acted as second junior counsel (with Michael Brindle QC and John Taylor) in the Box Clever Securitisation litigation (duties of arranger and joint lead manager in the context of a securitisation) (2007-8; one of The Lawyer magazine’s top trials of 2008, settled in January 2008).
Currently acting as junior counsel (with Michael Brindle QC) in an insurance dispute arising out of mortgage endowment misselling.
Advised on and acted in various unled work including cases involving cheques, bankers' negligence, mortgages, finance agreements, loans, guarantees, mistaken payments, breach of mandate, Liggett defence, credit card issuer liability under section 75 of the Consumer Credit Act 1974.
Civil Fraud
Acted for a High Street bank in obtaining freezing injunctions against customers.
Acted (with David Railton QC and Marcus Smith) as second junior counsel for the insured in a three-week arbitration concerning an insurance dispute with Lloyds insurers (2007).
Insurance & Reinsurance
Acted (with Michael Brindle QC and Craig Orr QC) for insurers in connection with claims arising out of the collapse of Enron.
Acted (with David Railton QC and Marcus Smith) as second junior counsel for the insured in a three week arbitration concerning an insurance dispute with Lloyds insurers (2007).
Currently acting as junior counsel (with Michael Brindle QC) in an insurance dispute arising out of mortgage endowment misselling.
Advised on insurance coverage issues relating to professional indemnity insurance.
Commercial Litigation
Acted as a second junior counsel (with Michael Brindle QC and Craig Orr) for Close Brothers Corporate Finance in defending a claim for £180m by UGC (2004-5, settled before trial).
Acted (with Guy Philipps QC) in a jurisdictional dispute in 7E v Vertex [2007] 1 WLR 2175 (Court of Appeal)
Acted as second junior counsel (with Michael Brindle QC and John Taylor) in the Box Clever Securitisation litigation (duties of arranger and joint lead manager in the context of a securitisation) (2007-8).
Various unled work, including:
- Acting/advising in claims for breach of contract/conversion
- Advising on various matters arising out of share purchase agreements (e.g. breach of warranty).
- Advising on and acting in various trials in the County Court. Subject matter has included building disputes, banking disputes, general contractual disputes, sale and supply of goods and services, road traffic disputes.
- Various types of hearing/applications for example, CMCs, non-party disclosure, specific disclosure, freezing injunctions, summary judgment, appeals against summary judgment, applications under Brussels Regulation EC No 44/2001
Professional Negligence
Advised on and acted in various professional negligence claims including claims against solicitors, insurance brokers, accountants, financial advisers, valuers and construction contract professionals, including:-
Acted for the Appellant (with Timothy Dutton QC) in the House of Lords in Hilton v Barker Booth and Eastwood [2005] UKHL 8.
Acted as a second junior counsel (with Michael Brindle QC and Craig Orr) for Close Brothers Corporate Finance in defending a claim for £180m by UGC (2004-5, settled week before trial).
Acted (with Mark Simpson QC) for a firm of valuers in a £1.8m claim arising out of a valuation of a development site and 2 HMOs (2006-7, settled before trial)
Acted as second junior counsel (with Michael Brindle QC and John Taylor) in the Box Clever Securitisation litigation (duties of arranger and joint lead manager in the context of a securitisation) (2007-8).
Professional Discipline
Advised and acted on various matters concerning solicitors including disciplinary cases before the Solicitors’ Disciplinary Tribunal and appeals therefrom; review of findings of IPS before the Solicitors’ Disciplinary Tribunal; intervention matters before the High Court; appeals to the Master of the Rolls against conditions on Practising Certificates; advising and defending solicitors who are the subject of investigation and advising solicitors as to regulatory compliance. Cases include:
Law Society v Dooley acted for the Law Society in disciplinary proceedings before the Solicitors’ Disciplinary Tribunal (July/August 2002) and on appeal to the Divisional Court (2003). Junior Counsel to Timothy Dutton QC.
Harvey v Law Society [2003] EWHC 535 (Ch), acted (with Timothy Dutton QC and Nicholas Peacock) for the Law Society defending a claim to set aside an intervention.
Law Society v Baxendale-Walker (2005 onwards): Acted (with Timothy Dutton QC) for the Law Society responding to an appeal from phase 1 SDT disciplinary findings to the Divisional Court [2006] 3 All ER 675 and then the Court of Appeal [2007] 3 All ER 330; appeal to MR against conditions on practising certificate (2005); judicial review of a decision of the SDT (2005 -2006). Also acted with Timothy Dutton QC in phase 2 disciplinary proceedings (3 week hearing in September 2006) (subject to appeal).
Law Society v Guyster (January 2007). Acted (with Timothy Dutton QC) for the Law Society in an application for an injunction against a solicitor who was the subject of an intervention compelling them to hand over documents to the Law Society.
Currently acting as part of the counsel team advising and acting for the Law Society/SRA on disciplinary issues arising out of Miners Compensation cases (2006 to date). Cases include:
- Law Society v Raleys- acted for the Law Society before the Solicitors' Disciplinary Tribunal (June 2006) (review of findings of IPS) (with Geoffrey Williams QC.)
- SRA v Raleys (disciplinary proceedings/ review of findings of IPS)– currently acting for the SRA (with Timothy Dutton QC) including at a hearing of preliminary issues in May 2008 on the propriety of the prosecution/recusal issues.
- Law Society v Robinson, Acted for the Law Society before the Solicitors' Disciplinary Tribunal (July 2006) (disciplinary proceedings/ review of findings of IPS) (with Katrina Wingfield).
- SRA v Nulty and Trotter (disciplinary proceedings) - currently acting for the SRA (with Timothy Dutton QC) including at a strike out hearing in June/July 2008.
Advising and acting for solicitors who are subject to regulatory investigation/ brought before the SDT; for example, acted (unled) for solicitors at a 2 day hearing at the SDT in November 2007 regarding alleged breaches of the Solicitors Accounts Rules.
Aviation
Advised on and acted in a number of aviation law matters, including a claim arising out of an air accident and various claims for loss of baggage and delay raising Warsaw Convention issues. Advised (with Bankim Thanki QC) the CAA as to the effect of section 75 of the Consumer Credit Act 1974 in the event of tour operator failure.
Construction
Advised on and acted in cases involving building disputes including claims under the Defective Premises Act, professional negligence claims, misrepresentation claims, claims for non-completion of sale, claims for return of deposit, claims under Section 106 of the Town and Country Planning Act 1990.
Consumer Law
Advised (with Bankim Thanki QC) the CAA on credit card issuer liability under section 75 Consumer Credit Act 1974. Experience of other aspects of the Consumer Credit Act, e.g. issue of whether an agreement which exceeded the statutory ceiling fell within the Act as a multiple agreement. Experience of cases raising issues under the Unfair Terms in Consumer Contract Regulations 1999 and the Unfair Contract Terms Act 1977.
Partnership
Experience of advising on various partnership issues e.g. whether a salaried partner liable for partnership debts under the “holding out” principle.
Reported Cases
Harvey v Law Society [2003] EWHC 535 (Ch)
Hilton v Barker Booth and Eastwood [2005] UKHL 8
Law Society v Baxendale-Walker: appeal from SDT disciplinary findings [2006] 3 All ER 675 (Divisional Court); [2007] 3 All ER 330 (Court of Appeal)
7E Communications v Vertex [2007] 1 WLR 2175 (Court of Appeal)
Publications
Review of "Enrichment and Restitution in New Zealand" Tru.L.I. 2001, 15(4), 246-254
Joint author of The Law of Privilege, edited by Bankim Thanki QC (2006, Oxford University Press)
Other Experience
Taught law of Restitution at King's College London, September-December 2000