Jeffrey Chapman
Call Date
1989
Practice Areas
Commercial litigation including in particular:
- Banking;
- International Arbitration;
- Civil Fraud;
- Insurance/Reinsurance;
- Professional Negligence
Recommendations (Practitioners' Guides)
Recommended in Chambers 2008 as “Clear, clever and someone whom clients quickly warm to.”. Ranked by Chambers as a Leading Junior in Commercial Litigation, Banking & Finance and Civil Fraud.
Education
LLM First Class Cambridge University
BA First Class University of Sussex
Prizes & Scholarships
Queen Mother Scholarship, Middle Temple
Appointments
Bar Standards Board Complaints Committee (2006)
Other Qualifications
CEDR Accredited Mediator (2004)
Professional Experience
Jeffrey Chapman has extensive experience in all kinds of commercial litigation in particular complex multi-jurisdictional disputes. Has been advising institutional clients on FSA and ‘Credit Crunch’ issues since September 2007. Continues to be heavily involved in the National Westminster Bank plc v. Rabobank Nederland litigation due to be heard by the Court of Appeal for 2 weeks in October 2008. He is also experienced in all kinds of ADR procedures.
Recent Practice
Commercial Litigation
National Westminster Bank plc v. Rabobank Nederland
Senior junior in the team acting for Rabobank Nederland (the AAA rated Dutch bank) at the interlocutory (including [2005] All ER (D) 221) and trial stages of litigation commenced in California in 1999 and in England in 2004. The case was described by The Lawyer as one of the top ten trials of 2006. It continued in 2007 with three further judgments in the Commercial Court, the last on 30 October 2007. The Court of Appeal gave Rabobank permission to appeal in January 2008 and listed the appeal for 2 weeks in October 2008.
NatWest claimed legal fees of approximately £8.3 million plus interest in respect of Rabobank’s suing in California in alleged breach of a covenant not to sue. Rabobank counterclaimed approximately US$200m including interest on the basis of misrepresentations (fraudulent alternatively under section 2(1) of the 1967 Act) and on the basis that NatWest induced Price Waterhouse to breach their duties to Rabobank in carrying out an investigation of the borrower PLC to which both banks were lending. The bulk of the trial was focused on the complicated factual and legal issues arising out of Rabobank’s allegations that NatWest bankers made misrepresentations during the banks’ attempt to “workout” the distressed debts of the borrower PLC and the subsequent purchase of NatWest’s share of that debt by Rabobank.
The trial resulted in 3 reported judgments in 2007:
[2007] EWHC 1056 (Comm) - Mr Justice Colman dismissed Rabobank’s Counterclaim and allowed NatWest’s claim. The Court of Appeal has listed Rabobank’s appeal for 2 weeks in October 2008.
[2007] EWHC 1742 (Comm) - 19 July 2007. The Court set out general principles for the assessment of costs and interest on costs and awarded NatWest its costs on the indemnity basis. The Court of Appeal has listed Rabobank’s appeal for 2 weeks in October 2008.
[2007] EWHC 1742 (Comm) - 31 October 2007. [2007] All ER (D) 477. The Court considered the authorities relating to the award of legal costs as damages and held that NatWest was entitled to have its legal costs of the proceedings in California assessed on the indemnity basis. The Court of Appeal has listed Rabobank’s appeal for 2 weeks in October 2008.
Advising offshore hedgefund
Acting for an offshore hedgefund (identity confidential) in litigation in the BVI and England arising out of the ‘credit crunch’ in June, July and August 2007.
Advising FTSE 100 company
Acting for FTSE 100 company defending allegations of fraud due to be tried in the Commercial Court for 5 weeks starting in March 2009.
Advising private investor
Advising private investor in connection with a Freezing Order and commercial buy-to-let lending. Allegations of fraud and professional negligence the subject of a 2 week trial in October 2009.
Advising international company in LCIA Proceedings
Acting for an international company (identity confidential) in LCIA arbitration concerning commission claims of over US$20 million in relation to transactions in Zimbabwe.
Advising international company in connection with export of helicopter parts to China
Acting for an international company (identity confidential) in connection with export licence arrangements for parts to be exported to China in accordance with various multi-million pound contracts for the construction of helicopters.
DNA Productions (Europe) Limited v. Mr R. Manoukian
Contractual dispute and order at trial for delivery up and forensic examination of computer hard drives [2008] EWHC Ch 943.
Mahme Trust v. Lloyds TSB Bank plc (2004-2006)
Senior junior in team acting for Lloyds TSB Bank plc defending complex claims for accounts and damages under English, Swiss and Liechtenstein law in trial before Mr Justice Evans-Lombe in the Chancery Division. The Bank was successful and awarded its costs on the indemnity basis: [2006] EWHC 1321 (Ch) and [2006] EWHC 1782 (Ch)
Trustees of Wasps v. Lambert Smith Hampton Group Ltd [2004] EWHC 938 (Comm)
Valuer's negligence (5 week Commercial Court trial)
CNA Insurance Company (Europe) Ltd v. La Boliviana and others (2003)
Complex multi-party reinsurance avoidance and coverage dispute settled before trial
Par Pharmaceutical Inc v. Pharmacia Corporation and others (2003)
Letters of Request arising out of US pharmaceutical patents dispute
Canadian Triton de Venezuela v. Preussag Energie GmbH (2002)
International contractual dispute (2 week Commercial Court trial)
Brockbank v. Reliance (2001)
Reinsurance avoidance and coverage dispute settled during Commercial Court trial
Manoukian v. Prince Jefri of Brunei (1998)
Civil fraud and contractual dispute (6 month+ Commercial Court case; settled during trial in March 1998)
British and Commonwealth Holdings plc v. Samuel Montagu and others (1995)
Misrepresentation action (6 month + Commercial Court case; settled after judgment upheld in CA on 10 April 1995)
Banking & Finance
Advising generally in relation Credit Crunch issues.
National Westminster Bank plc v. Rabobank Nederland (2004 and continuing): details see above. The case concerned workout banking in 1996 and 1997.
Mahme Trust v. Lloyds TSB Bank plc (2004-2006): details see above
Confidential advice to financial institution relating to Unfair Terms in Consumer Contracts Regulations 1999 (2004-2006)
Advising mortgage lender
Advising (identity confidential) in connection with the effect of the ‘credit crunch’ on mortgage lending policies in the context of the FSA regulatory regime.
Advising offshore hedgefund
Acting for an offshore hedgefund (identity confidential) in litigation in the BVI and England arising out of the ‘credit crunch’ in June, July and August 2007.
Arbitration:
Extensive experience including the following:
Advising international company in LCIA Proceedings
Acting for an international company (identity confidential) in LCIA arbitration concerning commission claims of over US$20 million in relation to transactions in Zimbabwe.
Rotary Watches Ltd v. Rotary Watches USA Inc (1998-2004)
International Arbitration; contractual dispute
Sheikh Salah Al-Hejailan v. Westland Helicopters Ltd (2001-2004)
International Arbitration; contractual dispute
Indosuez International Finance BV v. Inkombank (2003-2004)
International Arbitration; contractual dispute
Civil Fraud:
National Westminster Bank plc v. Rabobank Nederland (2004 and continuing): details see above
Westminster Consolidated S.A. v. New York Bay International and others (2003-2004)
Advising defendant in fraud claim arising out of contracts with the Government of Angola. Claimants’ claim struck out shortly before trial.
Chancery:
Mahme Trust v. Lloyds TSB Bank plc (2004-2006): details see above.
Advising private investor
Advising private investor in connection with a Freezing Order and commercial buy-to-let lending. Allegations of fraud and professional negligence the subject of a 2 week trial in October 2009.
Insurance & Reinsurance:
Substantial experience advising in this field.
Trustees of Wasps v. Lambert Smith Hampton Group Ltd [2004] EWHC 938 (Comm); CNA Insurance Company (Europe) Ltd v. La Boliviana and others (2003); and Brockbank v. Reliance (2001) see details above.
Mediation:
Extensive experience as an advisor in mediations.
Professional Negligence:
Substantial experience advising in this field in particular in valuers', solicitors' and accountants' negligence
Advising private investor in connection with a Freezing Order and commercial buy-to-let lending. Allegations of fraud and professional negligence the subject of a 2 week trial in October 2009. Trustees of Wasps v. Lambert Smith Hampton Group Ltd [2004] EWHC 938 (Comm): details see above.
Sport:
Counsel for Sports World International Limited in litigation (2004-2006) with Diadora UK Limited concerning sponsorship of the Italian national football team as well as Sunderland, Birmingham City and other English football teams.
Other Experience
Researcher for and Consultant to Law Commission (1987-1989)
Languages
German speaker with working knowledge of French