Edward Levey
Call Date
1999
Practice Areas
Edward has a broad commercial and civil practice, which includes the following areas:
- Banking / financial services
- Professional Negligence
- Civil Fraud
- Insurance and Reinsurance
- Employment Law
- Costs
Edward advises and appears as an advocate in cases of a varying size and nature falling within the practice areas identified above. He is often instructed with more senior counsel, but he is equally comfortable acting without a leader.
He is a confident advocate with considerable experience of interim applications (including applications 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 private arbitrations. In addition, Edward is regularly instructed to assist clients with mediations and other forms of dispute resolution.
Recommendations (Practitioners' Guides)
The Legal 500 (2006/7) describes Edward as an “up-and-coming junior” in the field of Banking and Finance, and in the field of Professional Negligence he is said to be a junior “with a growing reputation”. The 2007 edition of Legal 500 describes Edward as being “bright and well regarded for retail banking.”
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
(1) Banking & Finance
Edward is recognised in the legal directories for his experience of banking litigation. He has considerable experience of acting for both clearing and merchant banks in a variety of cases, including breach of mandate and negligence, civil fraud, enforceability of securities (including guarantees and mortgages) and cases involving cheques and other negotiable instruments.
Edward is currently being led by Bankim Thanki QC in the BITEL proceedings in the Isle of Man acting on behalf of a Swiss fiduciary house. This is a multi-party, multi-million dollar concerning the ownership of a Kyrgyzstan mobile telephone company involving allegations of fraud, bribery and corruption as well as issues involving Swiss banking law.
He is currently acting on behalf of the Central Bank of Nigeria in an enforcement action in the High Court involving issues of state immunity and Nigerian insolvency law.
Edward acted for one of the major clearing banks in a 2 week trial in the Chancery List in Central London in a claim 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 (especially in the context of banking work), of applications for civil restraint orders (see, for example, Das v. Barclays Bank plc [2006] EWHC 817 (Lawtel 21/4/06)), and of contempt proceedings.
Edward also has experience of financial services and regulatory work. Together with Anthony Boswood QC he advised one of the major credit card companies in relation to the investigation brought by the OFT into the use of default and administration charges in the consumer credit industry. He has also 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.
(2) Professional Negligence
Noted as an "up and coming junior" in this area, Edward has a wide range of experience of professional negligence claims, especially claims against solicitors, auditors and accountants and surveyors.
He acted with Stephen Rubin QC in a claim in the Commercial Court against one of the ‘big four’ accountancy firms arising out of the advice it gave concerning 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 for a firm of solicitors in a negligence claim involving an unsuccessful attempt to export a UK trust offshore and 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 worth in excess of £1 million against a firm of solicitors arising out of alleged negligence in the performance of a 'watching brief'.
Edward is an editor of Professional Negligence & Liability (published by LLP) – together with Raymond Cox QC he is responsible for the chapter on limitation of actions.
(3) Commercial Litigation
Much of Edward’s practice is of a general commercial nature. He acts both with and without a leader in relation to a wide range of commercial disputes of a varying size and nature.
He acted with Stephen Rubin QC in a claim in the Commercial Court for commission arising out a major oil and gas project in Azerbaijan.
He acted as sole counsel in an 8 day trial in Central London County Court (Business List) in a claim involving allegations of fraud, breach of contract, restitution and agency.
Edward is currently being led by Bankim Thanki QC in the BITEL proceedings in the Isle of Man. This is a multi-party, multi-million dollar dispute concerning the ownership of a Kyrgyzstan mobile telephone company involving allegations of fraud, bribery and corruption.
Edward is currently acting in two substantial international commercial arbitrations, the first in the Oil & Gas sector, the second in the Commodities sector (see below under Arbitration).
Edward also has experience of advising and acting in matters involving conflicts of interest, confidentiality issues and ‘chinese walls’. He acted with Michael Brindle QC in Marks and Spencer plc v Freshfields Bruckhaus Deringer (High Court and CA) [2004] EWHC 1337 (Ch); [2004] EWCA Civ 741 (CA), an application to restrain a firm of solicitors from acting in relation to a takeover bid.
(4) 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.
(5) Arbitration
Edward has a subtantial amount of arbitration experience and regularly acts in commercial arbitrations, including related arbitration claims in the Commercial Court.
In February 2006, he acted with Simon Browne-Wilkinson QC in a 3 month arbitration concerning the Nigerian telecoms industry.
He acted with Simon Browne-Wilkinson QC in an application to set aside an injunction granted on an ex parte basis pursuant to section 44 of the Arbitration Act 1996 in support of an intended 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.
Edward is currently acting in two substantial international commercial arbitrations: the first is an arbitration under UNCITRAL rules involving a dispute under a Joint Operating Agreement relating to an oil and gas concession in Equatorial New Guinea; the second is a commercial arbitration under ICC rules in a claim involving the export of Iron Ore from India to Pakistan.
Edward was formerly a contributor to Civil Court Service on Civil Procedure (“the Brown Book”) (published by Jordans) and was responsible for the section on arbitrations.
(6) 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. 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 acting with Bankim Thanki QC in the BITEL proceedings in the Isle of Man involving complex jurisdictional issues. Following a five day hearing in 2007 the proceedings were stayed on the grounds of forum non conveniens. The appeal is due to take place in July 2009.
(7) Civil Fraud
Edward has 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.
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. Assisted in drafting pleadings and written submissions although the trial itself took place in the High Court of Singapore.
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.
(8) 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).
In 2005/6 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.
(9) Costs
Edward’s practice also covers matters relating to costs and costs assessments.
For example, he acted in a complicated set of satellite costs litigation in the TCC involving multiple parties and a legally aided claimant. The litigation arose out of a lengthy and complex construction dispute and the costs being claimed were in excess of £2.5 million.
He acted in an application for assessment pursuant to section 70(4) of the Solicitors Act 1974 on grounds of ‘special circumstances’ (failure to provide costs estimates): Basset v Sears Tooth (a firm)
He acted in an application for security for costs in the context of a detailed assessment (the case was noted in ALCD journal).
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 arbitrations.
Formerly a contributor, Civil Procedure Reports (“The White Book Law Reports”) (Sweet & Maxwell).
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.
Professional Negligence and Liability
Other Experience
Accepts instructions from the Bar Pro Bono Unit.
Regularly lectures on subjects including practice and procedure, banking, professional negligence, fraud and general commercial law.
Member: Commercial Bar Association (COMBAR); London Common Law and Commercial Bar Association (LCLCBA).
Highly computer literate
Languages
Modern Hebrew (fluent); French (basic)
Interests
Edward is married with three young children and, when time permits, he enjoys following Newcastle United and scuba diving.