Edward Levey
Call date
1999
Practice Areas
Edward has a broad-based commercial and civil practice. In addition to general commercial litigation, his areas of practice include:
- Banking and Financial Services
- International Commercial Arbitration
- Energy and Natural Resources
- Civil Fraud and asset tracing
- Insurance and Reinsurance
- Professional Negligence
- Jurisdiction and Conflict of Laws
Edward advises and appears as an advocate in cases of a varying size and nature ranging from multi-party, high value commercial actions to smaller trials and interlocutory matters. He is often instructed with more senior counsel, but he is equally comfortable acting in matters without a leader. He is a confident advocate with considerable experience of interim applications (including for injunctive relief), trial work and appellate work.
Edward’s practice covers work in all divisions of the High Court as well as the County Court and Arbitrations.
Recommendations (Practitioners' Guides)
Edward is recommended in all three of the leading UK legal directories, Chambers and Partners, Legal 500 and Legal Experts.
In Chambers and Partners he is ranked as a leading junior for Commercial Dispute Resolution and is described as “an extremely able practitioner who is pugnacious and intellectually impressive.”
Market comments in Legal 500 in recent years include the following: Banking and Finance - “an up and coming junior”, “bright and well regarded” and “a delight”; International Commercial Arbitration - “clever, easy to get on with and down to earth”; Civil Fraud - “one to watch”; Professional Negligence - “a junior with a growing reputation”.
In an article which appeared in Legal Week in October 2009 entitled “Stars at the Bar”, Edward was said to be widely recommended by commercial litigators.
Education
Newcastle Royal Grammar School
BA (Law) Cambridge University (First Class)
BCL Oxford University
Prizes & Scholarships
Everard Ver Heyden Prize for overall merit on the Bar Vocational Course (1999)
Princess Royal Scholarship from Inner Temple (1998)
British Academy Studentship for postgraduate studies in Oxford (1997)
Elected into Scholarship of Robinson College, Cambridge (1994, 1995)
Various college prizes at university for examination results (1994, 1996)
Appointments
Research Assistant, Law Commission of England and Wales (1997-1998)
Tutor in Law, University College, London (part time) (1997-1999)
Professional Experience
The following is a summary of Edward’s recent experience. Please do not hesitate to contact Edward or his clerks if you would like further details about any areas of his practice.
Commercial litigation / arbitration
Much of Edward’s practice falls under the umbrella of general commercial litigation and arbitration. Below are some recent examples of his practice in this area.
Edward is currently instructed with Bankim Thanki QC on behalf of a Swiss fiduciary house in the Bitel Litigation in the Isle of Man. This is a multi-million dollar, multi-party claim concerning the disputed ownership of a mobile telephone company in Kyrgyzstan. A five day hearing in the Privy Council is due to be heard in November 2010.
During 2007 and 2008 Edward acted for the First Defendant in Parabola v Browalia Cal and Man Financial, a £90 million claim in the Commercial Court involving allegations of fraud, breach of contract and breach of fiduciary duty. Edward acted throughout without a leader. The claim against his client settled shortly before trial.
Edward was led by Stephen Rubin QC in Ironzar Trust v KPMG, a claim for breach of contract and professional negligence in the Commercial Court arising out of an aborted asset management project.
Edward has extensive experience of advising and acting in matters involving conflicts of interest, confidentiality issues and ‘chinese walls’. He acted with Michael Brindle QC in Marks & Spencer plc v Freshfields Bruckhaus Deringer (High Court and CA), which involved an application to restrain a firm of solicitors from acting in relation to a takeover bid.
Edward acted with Simon Browne-Wilkinson QC in an application to set aside an injunction granted pursuant to section 44 of the Arbitration Act 1996 in support of a foreign arbitration. The injunction was set aside on the grounds of lack of jurisdiction, misrepresentation and non disclosure (Econet Wireless Ltd v Vee Networks Limited [2006] EWHC 1568 (Comm); [2006] 2 Lloyd's Rep. 428).
Edward acted with Simon Browne-Wilkinson QC in the leading case on whether a respondent to an UNCITRAL arbitration is entitled to rely on a set-off arising under a different contract: ESS v VNL [2006] EWHC 1664 (Comm); [2006] 2 Lloyd’s Rep. 423.
Banking & Financial Services
Edward has extensive experience of Banking Litigation and Financial Services. He regularly acts for both clearing and investment banks in a variety of cases involving (for example) breach of mandate, fraud, enforceability of securities and cheques and other negotiable instruments.
He is currently acting with Richard Handyside QC in a Commercial Court action in a claim brought against a Calculation Agent arising out of the valuation of Redeemable Notes.
Edward was instructed on behalf of Lloyds TSB in the much publicised Bank Charges litigation (OFT v Abbey National and others), an important test case concerning the legality of charges for unplanned borrowing on current accounts.
Together with Anthony Boswood QC, Edward previously advised one of the major credit card companies in relation to the investigation by the FSA into the use of default and administration charges in the consumer credit industry.
Edward recently appeared (without a leader) on behalf of Barclays Bank in a High Court trial where the defendant was represented by both leading and junior counsel. The Bank succeeded at trial and was awarded its costs on an indemnity basis.
Edward acted on behalf of the bank in Henry v Central Bank of Nigeria, an enforcement action in the High Court involving issues of state immunity, third party debt orders and Nigerian insolvency law. He is currently acting on behalf of the Central Bank of Nigeria in a matter involving allegations of fraud and conspiracy dating back more than 20 years.
Edward appeared in a 2 week trial in the Chancery List in Central London County Court in a case involving the question of whether a bank which had participated in an Individual Voluntary Arrangement was able to enforce its security.
He has experience of dealing with claims brought by vexatious litigants, including applications for civil restraint orders (e.g. Das v. Barclays Bank plc [2006] EWHC 817), and of contempt proceedings.
Edward advised a leading firm of London stockbrokers as to the compatibility of its terms of business with the Unfair Contract Terms Regulations in connection with a complaint brought against it by the FSA.
Energy and Natural Resources
Edward has gained considerable experience of this area in recent years and has been involved in several arbitrations involving energy and natural resources.
He is currently acting for an international oil and gas exploration company in a High Court action involving the alleged misuse of confidential information in connection with an oil and gas concession in Europe.
Edward and Guy Philipps QC advised an independent oil and gas exploration company in relation to a dispute involving one of the largest oil finds in the last decade offshore West Africa.
In 2008 Edward and Ewan McQuater QC acted in a commercial arbitration involving a dispute under a Joint Operating Agreement relating to an an oil and gas concession in Equatorial Guinea.
In 2009 Edward and Guy Philipps QC appeared in an international commercial arbitration in London involving the export of Iron Ore from India to Pakistan.
Civil Fraud
Edward has considerable experience of claims involving civil and equitable fraud, breach of fiduciary duty, accessory liability for dishonest assistance and knowing receipt, and asset tracing. He also has experience of applications for freezing injunctions and other ancillary relief in the context of fraud claims.
In 2010, Edward acted (without a leader) on behalf of Barclays Bank in a 3 week trial in the Chancery Division in a claim involving allegations of deceit and conspiracy. As well as being awarded substantial damages and tracing remedies, the bank also obtained wide ranging injunctive relief at the conclusion of trial: Barclays Bank v Kalamohan [2010] All ER (D) 59 (Jun).
Edward is currently acting for the Central Bank of Nigeria in a multi million pound claim involving allegations of fraud and corruption dating back more than 20 years.
Edward and Richard Handyside QC are currently acting for an investment bank in a claim which involves allegations of fraud and bad faith in relation to the valuation of Redeemable Notes.
He advised (with Charles Flint QC and David Waksman QC) in relation to a US$75 million fraud on a Malaysian oil company. The claim arose out of a conspiracy involving fraudulent letters of credit. He assisted in drafting pleadings and written submissions although the trial itself took place in the High Court of Singapore.
Throughout 2007 and 2008, Edward acted (without a leader) in a £90 million fraud claim in the Commercial Court (Parabola v Browalia Cal and Man Financial) – see above under Commercial Litigation.
Edward is acting with Bankim Thanki QC in the Bitel Litigation in the Isle of Man. This is a multi-million dollar, multi-party fraud claim concerning a mobile telephone company in Kyrgyzstan.
Edward and Tim Howe QC acted for the Defendants in a substantial fraud claim against a firm of stockbrokers involving allegations of ‘churning’ and excessive trading.
Edward has been involved in several cases involving 'advance fee' and 'Nigerian 419' frauds, including acting for a large Singaporean public listed company which was the innocent recipient of the proceeds of such a fraud.
Professional Negligence
Noted by Legal 500 as an "up and coming junior" in this area, Edward has a wide range of experience of professional negligence claims, especially against solicitors, auditors and accountants and surveyors.
He acted with Stephen Rubin QC in Ironzar Trust v KPMG in the Commercial Court, which involved allegations of professional negligence arising out of the disposal of various shopping centres through a collective investment scheme.
Edward was instructed in the Hollywood Funding Litigation together with Anthony Boswood QC and Richard Handyside on behalf of a US firm of solicitors being sued for professional negligence in relation to the drafting of an insurance policy in the context of a major film finance dispute (6 month trial before Colman J, settled during openings).
He acted with Mark Simpson QC on behalf of a firm of solicitors in a negligence claim involving an unsuccessful attempt to export a UK trust offshore.
Edward and Mark Simpson QC also acted for a top ten firm of accountants in a claim relating to the valuation of shares in a private company.
He acted with Julian Flaux QC (now Flaux J) in a claim involving the negligent performance of a 'watching brief'.
Edward is an editor of Professional Negligence & Liability (published by LLP) and jointly edits the chapter on limitation of actions, a looseleaf publication described by the Professional Negligence Law Review as "a true rival to Jackson & Powell".
Insurance & Reinsurance
Edward has a broad range of experience acting for and against insurers and brokers.
Hollywood Funding Litigation: instructed in a major film finance dispute in the Commercial Court (see above under Professional Negligence).
Acted (with Stephen Moriarty QC) for an insurer in a claim under a business interruption policy arising out of the Foot and Mouth outbreak in 2001.
Acted (with Michael Brindle QC) for an insurance broker seeking to vary a freezing order in the context of a complex insurance/re-insurance dispute.
Edward has acted in a number of cases involving claims under life policies.
Jurisdiction and Conflict of Laws
As part of his general commercial, insurance and banking practice, Edward regularly advises on jurisdiction and conflicts of law issues. He acted (with Raymond Cox QC) in British Sugar v Babbini [2005] 1 Lloyd’s Rep 332; [2005] 1 All ER (Comm) 55 concerning the scope of jurisdiction agreements under Article 23 of Council Regulation (EC) 44/2001.
Edward is currently acting with Bankim Thanki QC in the BITEL proceedings in the Isle of Man involving complex jurisdictional issues. The proceedings were initially stayed on the grounds of forum non conveniens, a decision which was overturned on appeal. An application for special leave to appeal to the Privy Council is due to be heard in November 2010.
Employment
Edward has experience of both court proceedings and employment tribunals, including unfair dismissal and wrongful dismissal claims, discrimination claims, redundancy situations, national minimum wage matters and claims for unlawful deduction of wages.
He also has acted in claims involving breach of confidence, restrictive covenants and restraint of trade clauses. For example, he acted with David Railton QC and Paul Sinclair in a claim to enforce restrictive covenants and for damages for misuse of confidential information in a substantial High Court action, Moneygram v Travelex (settled shortly before trial).
He acted with Nicholas Underhill QC (now Underhill J) for a UK airline in a claim brought by its cabin crew under the Civil Aviation (Working Time) Regulations 2004 for unlawful deduction of wages.
Publications
Contributor to Professional Negligence & Liability (published by LLP, edited by Mark Simpson QC), described as "a true rival to Jackson & Powell". Edward is responsible (with Raymond Cox QC) for the chapter on limitation of actions.
Editor, Commercial Court Procedure (Sweet & Maxwell).
Formerly a contributor to Civil Court Service on Civil Proceedings ("the Brown Book") (published by Jordans), responsible for the section on arbitration claims.
Author of an article entitled ’Taking the scalpel to compensation’ (published in the Law Society's Gazette L.S.G. (2004) 101(46)), concerning the impact of the House of Lords’ decision in Chester v. Afshar [2004] on professional negligence claims.
Other Experience
Edward is on the Bar Pro Bono Unit’s list of counsel.
He lectures on different areas of practice and procedure, such as banking, professional negligence, fraud and general commercial law.
He is a member of the Commercial Bar Association (COMBAR) and the London Common Law and Commercial Bar Association (LCLCBA).
Edward is married with four young children and, when time permits, he enjoys following Newcastle United and scuba diving.