Chloe Carpenter
Call date
2001
Practice Areas
Chloe Carpenter has a broad commercial and civil practice, specialising in:
- All areas of commercial law
- Professional Discipline, Administrative Law, Public Law & Regulatory Law.
Summary of Practice
Chloe has a broad commercial practice covering all areas of commercial law, in particular, arbitration, commercial litigation, banking and insurance work and professional negligence. She acted as junior counsel in an arbitration concerning an insurance dispute arising out of mortgage endowment misselling, 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 junior counsel in the House of Lords in Hilton v Barker Booth and Eastwood. She also has extensive experience in all aspects of the professional discipline/regulation of solicitors, regularly advising on and acting (both led and unled) 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.
Recommendations (Practitioners' Guides)
Chloe is recommended in Chambers & Partners (2010) in Professional Discipline, which states that solicitors are “in awe” of her "incredible grasp of facts and documentation."
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 as junior counsel (with Michael Brindle QC) in an insurance dispute arising out of mortgage endowment misselling (2008-9).
- 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 Lloyd’s insurers regarding viatical policies (2007).
Aviation
Advised on and acted in a number of aviation law matters:
- 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.
- Acted in a claim arising out of an air accident.
- Acted in various claims for loss of baggage and delay raising Warsaw Convention issues.
Banking & Finance
- Acted as junior counsel (with Michael Brindle QC) in an insurance dispute arising out of mortgage endowment misselling (2008-9).
- 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).
- 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).
- 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 (with David Railton QC and Marcus Smith) as second junior counsel for the insured in a three-week arbitration concerning an insurance dispute with Lloyd’s insurers regarding viatical policies (2007).
- Acted for a High Street bank in obtaining freezing injunctions against customers.
Commercial Litigation
- Acted (unled, 2008) for the claimant in a High Court claim for breach of an archiving contract, including various contested applications heard at a CMC. The case 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).
- Acted (with Guy Philipps QC) in a jurisdictional dispute in 7E v Vertex [2007] 1 WLR 2175 (Court of Appeal).
- 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).
- Various unled work, including:- experience of mediation (as an advocate and/or drafting the mediation statement); acting/advising in claims for breach of contract/conversion; advising on various matters arising out of share purchase agreements (e.g. breach of warranty); building disputes, banking disputes, general contractual disputes, sale and supply of goods and services, 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
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.
Insurance & Reinsurance
- Acted as junior counsel (with Michael Brindle QC) in an insurance dispute arising out of mortgage endowment misselling (2008-9).
- 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 Lloyd’s insurers regarding viatical policies (2007).
- Acted (with Michael Brindle QC and Craig Orr QC) for insurers in connection with claims arising out of the collapse of Enron.
- Advised on insurance coverage issues relating to professional indemnity insurance.
Partnership
Experience of advising on various partnership issues e.g. whether a salaried partner liable for partnership debts under the “holding out” principle.
Professional Discipline, Administrative, Public Law & Regulatory Law
Advised and acted (both led and unled) in various matters concerning solicitors’ regulation, either for the SRA (formerly the Law Society) or for solicitors who are subject to investigation/ disciplinary action or who seek advice as to regulatory compliance. Cases have included disciplinary cases before the Solicitors’ Disciplinary Tribunal and appeals from/applications for judicial review of such decisions; review of findings of IPS before the Solicitors’ Disciplinary Tribunal; intervention matters before the High Court and appeals to the Master of the Rolls against conditions on Practising Certificates; For example:
- Junior counsel for the Law Society/SRA on disciplinary/regulatory issues arising out of the Miners Compensation cases (2006 to date). Miners Compensation Cases include:-
- SRA v Raleys - acted for the Law Society (with Geoffrey Williams QC) on an application to enforce 2 inadequate professional services awards made against the firm (June 2006).
- SRA v Raleys – acted for the SRA (with Timothy Dutton QC) on disciplinary proceedings/ application to enforce further IPS awards brought against 5 partners and 1 former partner of the firm (2007 onwards), including at a hearing of preliminary issues in May 2008 on the propriety of the prosecution/recusal issues and at the substantive trial in January/ February 2009 at which the Respondents were found to have recommended that clients sign an agreement with the NUM which was not in clients' best interests and to have acted in circumstances of conflict between their own interests and the interests of their clients and between the interests of the NUM and the interests of their clients. The Respondents had also purchased claims from a claims farmer in breach of the Introduction and Referral Code. (Appeal to Administrative Court pending);
- SRA v Nulty and Trotter - acted for the SRA (with Timothy Dutton QC) on disciplinary proceedings brought against two former partners of Avalon Solicitors (2007 onwards) including successfully opposing a strike out application brought under Article 6 (right to a trial within a reasonable time) in June/July 2008 and appearing at the substantive trial in April 2009. The allegations (which were established) included that the Respondents had improperly charged success fees to clients who brought claims under the Miners’ Compensation Scheme, had acted in breach of the Introduction and Referral Code in paying referral fees to entities connected to Mr Nulty and his family, and had acted contrary to Rule 9 by acting in association with an entity which charged contingency fees. There was a further allegation made and established against Mr Nulty alone that he wrote a letter to the DTI which was misleading and that he acted dishonestly in sending this letter.
- Law Society v Robinson, acted for the Law Society (with Katrina Wingfield) in disciplinary proceedings/ application to enforce IPS awards (July 2006).
- Other matters include:
- Currently acting as junior counsel for the SRA (led by Richard Coleman) in the disciplinary proceedings brought against certain former partners of Rowe Cohen regarding their work in connection with the TAG Scheme.
- Acted (unled) at the Solicitors Disciplinary Tribunal for a defendant charged with dishonest alternatively reckless breaches of the Solicitors Accounts Rules and dishonest, alternatively culpable, overcharging (October 2009). The defendant was acquitted of dishonesty.
- Law Society v Baxendale-Walker and Auden (2005 -2008): Acted (with Timothy Dutton QC) for the Law Society on Mr Baxendale-Walker’s appeal from phase 1 of the SDT disciplinary findings and on the Law Society’s successful cross-appeal on costs (Divisional Court [2006] 3 All ER 675, Court of Appeal [2007] 3 All ER 330). Acted (with Timothy Dutton QC) for the Law Society on Mr Baxendale-Walker’s appeal to the Master of the Rolls against conditions on his practising certificate (2005) and responding to an application for judicial review of a decision of the SDT (2005 -2006). Also acted with Timothy Dutton QC in the phase 2 disciplinary proceedings (against Mr Baxendale-Walker and Mr Auden) culminating in a 3-week hearing in September 2006 at the end of which the Tribunal found Mr Baxendale-Walker and Mr Auden to have acted in circumstances of dishonest conflicts of interest. Prepared a skeleton argument in response to Mr Baxendale-Walker’s appeal from the phase 2 disciplinary proceedings; his appeal was subsequently withdrawn.
- Advised/ acted for two partners and one former partner of a firm which was the subject of regulatory investigation regarding alleged breaches of the Solicitors’ Accounts Rules (2006-2008). Defended two of the three Respondents (unled) at a 2-day hearing at the SDT in November 2007.
- Law Society v Guyster (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 him to hand over documents to the Law Society.
- 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 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.
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:-
- Currently acting (with Mark Simpson QC) for solicitors facing a claim arising out of tax advice given on a Management Buy Out.
- 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).
- 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 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).
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, [2008] 1 W.L.R. 426 (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
Memberships
COMBAR; ARDL (The Association of Regulatory and Disciplinary Lawyers).