Giles Wheeler
Call Date
1998
Practice Areas
Giles Wheeler has a broad commercial practice, with particular experience in:
- Professional Negligence
- Insurance
- Conflict of laws
- Banking
Education
LL.M (Cantab) First Class
MA (Cantab) First Class
Prizes & Scholarships
Everard Ver Heyden Foundation Prize (1998)
Bar Council Certificate of Honour (1998)
Lechmere Essay Prize (1998)
Astbury Scholarship (1997)
Harmsworth Entrance Exhibition (1997)
Ziegler Prize for Law (1996 and 1997)
C J Hamson Prize (1996)
Willougby Prize (1994 and 1995)
Squire Scholarships (1994-1996)
Professional Experience
Giles Wheeler has a broadly based commercial practice with particular experience of banking, insurance and professional negligence cases, and of work with an international dimension raising jurisdiction and foreign law issues. Giles is experienced in advising in relation to litigation at all levels and is familiar both with dealing with matters alone and with working as part of a large team. Giles has advised and appeared in a broad range of commercial litigation and has wide experience of advocacy at trial and interlocutory hearings in both the High Court and County Courts (as well as in arbitration proceedings), acting alone and with a leader. Giles has experience of handling matters requiring a substantial element of (sometimes highly technical) expert evidence and has dealt with experts in a number of diverse fields, including by way of example: accountancy, actuarial, advertising, architecture, engineering, fire, foreign law, geology, pigeons, statistics and stockbroking.
Recent Practice
Professional Negligence:
Giles regularly acts and advises in relation to professional negligence claims for and against a number of professions, with particular experience in relation to financial professionals such as accountants and actuaries. Giles has been instructed in a number of substantial professional negligence claims (including the Independent Insurance litigation) and has also recently dealt with claims against solicitors and professional trustees. In addition, Giles has handled litigation against various other professionals, including insurance brokers, architects and engineers.
Cases include:
Independent Insurance v Watson Wyatt: Instructed on behalf of the liquidators of Independent Insurance pursuing claims for around £350m alleging negligence in the conduct of actuarial reviews of the reserves of Independent. This was very substantial litigation raising numerous issues, including the scope of an actuary’s duty of care (and liability for unprofitable business) and the impact of fraudulent activity on the actuary’s work.
Independent Insurance v KPMG: Also instructed on behalf of the liquidators of Independent Insurance in pursuing a claim arising out of the same facts against the auditors of Independent.
Barings litigation: Instructed on behalf of Barings (Singapore) PTE Ltd for the 5 day quantum hearing to determine the recoverable losses flowing from the negligence of the auditors of Barings bank.
Insurance & Reinsurance:
Giles has acted and advised in relation to both Lloyds and non-Lloyds insurance litigation (including both professional negligence proceedings against brokers and film finance litigation). Giles was recently instructed to advise insurers (with Michael Brindle QC) in relation to the possible avoidance of a directors’ and officers’ policy covering liability connected with the flotation of a now insolvent PLC.
Cases include:
Tektrol v International Insurance Company of Hanover [2005] 2 Lloyd’s Rep 701 (CA); [2005] Lloyd’s Rep IR 358 (Langley J): Acted on behalf of the Defendants both before Langley J and in the Court of Appeal for the hearing of preliminary issues (led by David Railton QC) concerning construction of exclusion clauses in the business interruption section of an all risks policy.
Pedley v Avon Insurance: Acted on behalf of the Claimant (led by Stephen Rubin QC) in bringing successful proceedings in the High Court under the Third Parties (Rights Against Insurers) Act; raised issues of misrepresentation, non-disclosure and breach of warranty.
AMS Consultants v Harrison Bros Underwriting Ltd: Appeared at trial on behalf of the defendant Lloyds’ members’ agent in a dispute concerning the interpretation of an agreement to pay commission to a consultant, which raised various disputes as to Lloyds’ market practice.
Advised in a dispute between power station owners and underwriters regarding a business interruption insurance claim (as outlined below under “Energy & Natural Resources”).
Conflict of laws & Private International Law:
Giles has substantial experience advising and acting in relation to all aspects of the private international law, including jurisdiction issues, the enforcement of foreign judgments in the English courts and the application of foreign law in the English courts. Giles regularly advises on the application of the EC Judgments Regulation 44/2001 and the Rome Convention. Giles also has experience of various foreign laws, including recently handling cases involving French, German, Austrian and Liechtenstein law.
Cases include:
Catalyst Recycling v Nickelhutte Aue (2008) Env LR 2 and [2008] All ER (D) 293 (CA): Appeared on behalf of the successful Claimant both at trial and before the Court of Appeal (acting alone) in a claim turning on the legality under German law of the import of metal catalysts into Germany. The claim also raised issues as to the interpretation of the relevant EC regulation, repudiatory breach of contract and the extent of recoverable damages.
Rosenberg v Nazarov: Instructed on behalf of the Defendant in a substantial claim arising out of an alleged partnership or joint venture, which raises various issues of Liechtenstein law.
Lord v Doffman: Acted on behalf of the respondent to an application to set aside a statutory demand, which raised issues as to the governing law of a loan agreement and the effect of the relevant French law.
CSOB v Nomura [2002] All ER (D) 157: Acted for Nomura (led by Anthony Boswood QC and David Waksman QC) in obtaining a stay of English Commercial Court litigation in favour of the courts of the Czech Republic on grounds of forum non conveniens.
Casio v Kaiser [2001] I.L.Pr 43: Appeared on behalf of the Appellant in an appeal to the Court of Appeal (led by Brian Doctor QC) in which the issues were: whether knowing receipt and dishonest assistance are torts for the purposes of article 5(3) of the Brussels Convention; and when cases against different defendants are sufficiently connected to extend jurisdiction under article 6(1) of the Convention.
Banking & Finance:
Giles has advised on numerous occasions on questions arising out of various banking instruments, including letters of credit, guarantees, mortgages and other securities. He regularly acts in litigation brought by and against various banks, including mortgage possession proceedings raising undue influence defences.
Recent instructions include a claim for possession of an £11m penthouse flat, acting in a claim against a Pakistan bank for conversion of a stolen cheque and acting for a claimant pursuing a claim against a bank for breach of mandate for honouring unauthorised cheques.
Giles was instructed on behalf of the Claimant in Commercial Court litigation (which settled before trial) against a major bank regarding a disputed interest rate swap transaction.
Giles has also acted in arbitration proceedings on behalf of the beneficiary of a letter of credit successfully opposing an attempt by the applicant for the letter of credit to prevent draw down on the basis of an earlier indemnity agreement between beneficiary and applicant.
Professional Discipline:
Giles has experience of advising and acting in relation to disciplinary action against both solicitors (acting both for the Law Society and for solicitors), accountants and independent financial advisers. Giles has given detailed advice to a regulatory body on the impact of the Human Rights Act on professional disciplinary proceedings, including the application of article 6 of the ECHR to hearings before professional disciplinary tribunals, and has regularly dealt with the ECHR aspect of professional disciplinary matters. Giles also has experience of judicial review proceedings in a regulatory context.
Cases include:
R on the application of Williams v Financial Ombudsman Service [2008] All ER (D) 35: Acted for an independent financial advisor challenging a decision of the Financial Ombudsman on the grounds that the ombudsman had relied too heavily on his own knowledge uncorroborated by any further evidence relevant to the matter.
R v Law Society, ex parte Pamplin (The Independent), 9 July 2001: Acted for the Law Society (led by Timothy Dutton QC) in defending judicial review proceedings brought by a solicitor’s clerk challenging the legality of the passing of information by the police to the Law Society and challenging the procedures adopted by the Law Society under s.43 of the Solicitors’ Act 1974, including the consideration of challenges under articles 6 and 8 of the E.C.H.R.
Appeared before a JDS Appeal Tribunal (led by Timothy Dutton QC) on behalf of Coopers & Lybrand, appealing against findings of professional misconduct arising out of the audit of Barings Bank.
Energy & Natural Resources:
Giles has been instructed in a number of substantial energy related matters.
Instructions include:
Texuna International v Cairn Energy, in which Giles was instructed to defend a US$120m claim for loss of profit alleged to have arisen from the failure of a joint venture project to explore for oil in Turkmenistan.
Giles acted on behalf of the Claimant (led by David Waksman) claiming loss of profit from the withdrawal of rights to exploit gas reserves in the former Soviet Union in a 9 day ICC arbitration which involved considerable technical expert evidence on geological, geophysical and statistical issues.
Giles has also been instructed on behalf of a major international energy company to advise on an insurance claim arising out of the failure of power station turbine rotors, which raised various technical issues regarding the operation of and repairs to the turbines. Giles was subsequently instructed to appear in LCIA arbitration proceedings against the turbine manufacturers in a claim for financial support which turned on the availability in the insurance market of insurance for the particular turbine in question.
Commercial Litigation:
Giles is instructed in High Court and County Court proceedings in a wide range of general commercial litigation. Many of the matters listed under other headings above also fall within the ambit of general commercial litigation and Giles has experience of most aspects of such work, but recent matters on which Giles has been instructed involving general commercial contracts include disputes arising out of partnership agreements, joint ventures, franchises and supply and distribution agreements.
Cases include (in addition to those listed under other headings above):
Profile Pursuit v Your-Move.co.uk: Instructed on behalf of the Defendants in a 7 day High Court trial (acting alone) of a claim for loss of profit flowing from a breach of a contract to distribute a promotional magazine.
Wandsworth Borough Council v Railtrack plc [2001] 1 W.L.R. 368; [2002] QB 756 (CA): Acted for Railtrack at trial and before the Court of Appeal (led by Timothy Dutton QC) in a claim concerned with whether Railtrack was liable in nuisance for the activities of pigeons roosting on a railway bridge over the highway.
Watson & Watson v Appleyards plc and others: Acted on behalf of the claimants in a Commercial Court claim (which settled shortly before trial) against multiple defendants for conspiracy and interference with business by unlawful means.
Hamilton v Fayed [2001] EMLR 15: Acted on behalf of the claimant in an application for permission to appeal to the Court of Appeal in an attempt to set aside the judgment against the claimant on the grounds that the defendant had conducted his defence in a manner amounting to an abuse of process and that the judgment had been obtained by fraud.
Profilate Italia v Painewebber Inc [2001] 1 Lloyd’s Rep 715: Acted as 2nd junior counsel opposing an application under s.68(2)(g) of the Arbitration Act 1996 to set aside an arbitration award on the grounds that it had been obtained in a manner contrary to public policy as a result of the alleged non-disclosure of documents by the successful party.
Reported Cases
R on the application of Williams v Financial Ombudsman Service [2008] All ER (D) 35 (Jul) (scope of the ombudsman’s entitlement to rely on his own knowledge)
Rosenberg v Nazarov [2008] All ER (D) 57 (Apr) (striking out; abuse of process on the grounds of two sets of almost identical proceedings; remedies for a partnership claim)
Catalyst Recycling v Nicklehütte Aue [2008] All ER (D) 293 (May) (CA); (2008) Env LR 2 (legality of shipments of waste metal under German law and the governing EC regulation)
Tektrol v International Insurance Company of Hanover [2005] 2 Lloyd’s Rep 701 (CA); [2005] Lloyd’s Rep IR 358 (construction of an insurance policy)
Texuna International v Cairn Energy [2005] 1 BCLC 579 (security for costs)
CSOB v Nomura [2002] All ER (D) 157 (forum non conveniens application)
Wandsworth Borough Council v Railtrack Plc [2002] QB 756 (CA); [2001] 1 WLR 368 (public nuisance from roosting pigeons)
Casio v Kaiser [2001] I.L.Pr 43 (CA) (Knowing receipt and dishonest assistance and multiple defendants under the Brussels Convention)
R v Law Society, ex parte Pamplin (The Independent), 9 July 2001 (decision to bring disciplinary proceedings against solicitor’s clerk)
Hamilton v Fayed [2001] EMLR 15 (CA) (obtaining judgment by fraud/in a manner amounting to abuse of process)
Profilate Italia v Painewebber Inc [2001] 1 Lloyd’s Rep 715 (setting aside arbitration award)
Publications
Assicurazioni Generali Spa v CGU International Insurance Plc – following the settlements without question – article for Sweet & Maxwell Insurance & Reinsurance Law Briefing, July 2003
Author of the chapter on passenger airline tickets and baggage checks in Carriage by Air (2001, Butterworths)
Contributing editor of Commercial Court Procedure 2001 (2nd edition)