John Taylor
Call Date
1993
Practice Areas
John Taylor has a broadly based commercial practice with particular emphasis on:
- banking and financial services,
- insurance and reinsurance,
- professional negligence
- aviation
- commercial arbitration
- civil fraud and asset recovery
Recommendations (Practitioners' Guides)
John is recommended as a leading junior in the current edition of the Legal 500 in the fields of banking, commercial litigation and aviation. John is also recommended as a leading junior in the current edition of Chambers & Partners in the fields of banking, finance and aviation. Over the past few years the directories have said:
“John Taylor is great at banking matters” (Chambers & Partners 2008).
“The scrupulous John Taylor impresses in the IXIS litigation” (Chambers & Partners 2007)
“John Taylor has an impressive intellect” and “a high flyer who combines a commercial approach with extensive legal knowledge and attention to detail” (Chambers & Partners 2006).
A “team player” in commercial litigation (Legal 500, 2006)
“An effective advocate and a high flyer with attention to detail” (Legal 500, 2005)
Education
Cambridge University MA in Law (First Class Honours)
Prizes & Scholarships
Middle Temple Astbury Scholar
Other Qualifications
CEDR accredited mediator
Memberships
Commercial Bar Association
The London Common Law and Commercial Bar Association
Recent Practice
Banking & Finance
John has wide experience in banking litigation including disputes concerning securitisations, collateralised debt obligations, ISDA swaps (including credit default swaps), syndicated loans, letters of credit, bills of exchange, guarantees, cheques, electronic funds transfer, mortgages and other forms of security. John’s work includes “credit crunch” related disputes and frequently involves the disputes arising out of competing claims of lenders, investors, counterparties and insurers in an insolvency situation.
John is a contributor to The Law of Bank Payments (3rd ed. 2004, Sweet & Maxwell).
John has acted as junior counsel on a number of substantial banking disputes including:
- Lonrho plc v Hill Samuel Bank Ltd & Ors (listing particulars and allegations of professional negligence).
- the litigation between syndicate banks which ensued after the trial of preliminary issues in Sumitomo Bank Ltd v Banque Bruxelles Lambert S.A. [1997] 1 Lloyd's Rep 487.
- UCB Healthcare Finance No 1 Limited v UCB Corporate Services Ltd (warranty claim on sale of a portfolio of loans).
- The Box Clever litigation concerning the disputes between an investor bank and the arranger and joint lead mangers of the £750 million Box Clever securitisation. This major Commercial Court litigation covered the role of the arranger, the lead manager and the financial modellers of the securitised cash flows of the Box Clever rental business. The issues raised required factual and expert evidence across a range of securitisation issues and included expert evidence on securitisation market practice, financial modelling, lending and valuation of securities.
Current and recent banking cases include:
- advising a major US bond insurer on “credit crunch” related disputes under a credit default swap involving underlying CDOs and other asset backed securities including US sub-prime mortgages;
- advising on the interpretation and effect of a series of demand guarantees issued by a Turkish bank in respect of a shipbuilding contract.
- advising on the construction of loan facility documentation concerning financing of a multi-million pound development of a retail centre.
- acting for a Chinese bank in a dispute over the jurisdiction of the English court to try the claims brought against it.
- advising major clearing banks on claims for alleged breach of fiduciary duty and alleged negligent financial advice.
Banking and finance: regulatory work
Regulatory experience includes disputes referred to the Financial Services and Markets Tribunal. Cases include Eurolife Assurance Company Limited v Financial Services Authority (2002), a substantial case referred to the Tribunal concerning authorisation to carry on insurance business and issues of sound and prudent management of an insurance company. Among the many issues in the case was an investigation into the valuation and solvency requirements of various investments and the company’s participation in investments in the US secondary mortgage market.
John has also acted for the London Metal Exchange in disciplinary proceedings concerning disorderly markets and breaches of trading rules concerning open outcry and electronic trading.
Insurance & Reinsurance
John has acted in a wide range of insurance and reinsurance disputes in the Commercial Court and in arbitration (specific details of which are confidential) including:
- An international reinsurance arbitration concerning long-tail asbestos related claims arising out of thousands of employee claims against employers spanning 5 decades.
- Numerous claims for negligence against brokers concerning the placing of insurance and reinsurance. Recent cases have included placement of an overseas national health insurance programme, hotel portfolio all risks insurance and contractors all risks insurance for an oil pipeline.
- Arbitrations between reinsurers arising out of PA LMX business.
- Arbitrations concerning insurance coverage issues following aircraft disasters.
- Syndicate 718 v Stirling Cooke Brown Insurance Brokers Ltd and Ors (Commercial Court 1999-2002).
Professional Negligence
John has acted in a wide range of professional negligence cases:
- Accountants: much of 2006 was spent preparing for and in trial defending a multi million pound claim against accountancy firm Chantrey Vellacott which resulted in judgment for the firm. The case had previously been to the Court of Appeal at interlocutory stage (Convergence v Chantrey Vellacott (Times 25.4.05))
- Solicitors: cases have involved solicitors’ duties when acting for mortgagor and mortgagee, conveyancing practice, and the drafting of commercial contracts.
- Bankers: cases have involved:
- the duties owed between syndicate banks,
- disputes concerning the accuracy of listing particulars for a bond issues,
- warranty disputes on the sale of a portfolio of loans,
- the roles of arrangers and joint lead managers in a securitisation
- disputes concerning the AIM rules. - Insurance and reinsurance brokers: numerous cases including issues of sub-agency and the placing of international risks involving jurisdictional disputes, conflicts of laws and the role of Lloyd's of London's overseas correspondents.
- Surveyors: valuation claims including latent defects and time bar issues.
Aviation
John regularly acts in aviation related matters with experience in disputes concerning aircraft leases, aircraft insurance, aircraft sales, product liability claims, aviation accidents, issues under the Warsaw Convention, CAA regulations and ATOL regulations.
John acted for BAE in Amiri Flight Authority v BAE concerning the enforceability of exclusion clauses in an aircraft sales contract. Much of John’s aviation work takes place in arbitration (specific details of which are confidential) including acting for a major US cargo carrier in aircraft fleet lease disputes with a national airline and many insurance coverage disputes.
John is a contributor to the book Carriage by Air, 1st Ed, 2001 Butterworths
Arbitration
Much of John’s work, particularly aviation and reinsurance, is conducted in arbitration. This work has been conducted under various arbitral regimes, including those under the auspices of the International Chamber of Commerce. The subject matter has included substantial claims between a national airline and a lessor of Boeing 747 aircraft concerning rights to terminate leases and a number of substantial reinsurance disputes arising out of the Lloyd’s PA LMX spiral and long tail asbestos-related claims. John’s work also involves applications in the Commercial Court under the Arbitration Act 1996 arising out of the conduct of arbitrations, appeals and the enforcement of overseas arbitration awards.
Commercial Litigation
Much of John’s work, described above, is large-scale litigation conducted in the Commercial Court where he has been part of the solicitor-counsel team in long running cases such as the Prince Jefri litigation and Box Clever litigation, described by The Lawyer as one of the trials of 2008. John’s ability to act as “team player” in large-scale commercial litigation has been recognised in the Legal Directories (Legal 500, 2006).
John’s commercial litigation practice includes bringing and defending complex international fraud claims. A major part of the Box Clever litigation included successfully defending allegations of fraud against the arranging bank.
John also has experience of complex claims in restitution, unjust enrichment, contribution and subrogation in the context of commercial disputes.
Business and asset sales
Warranty and misrepresentation claims concerning the title and value of assets sold, “bad leaver” provisions (Realman v Hollywood DVD and Goldberg v Hollywood DVD); disputes under warranties given as to the value of the loans and underlying security of a loan book (UCB Healthcare Finance No 1 Limited v UCB Corporate Services Ltd); claim by minority shareholders against directors for alleged breach of fiduciary duty on sale of an internet business (Anglos Ltd v Kent and Brooks); disputes arising out of accuracy of completion accounts produced by accountants (Admiral Scaffolding Ltd v Simms and Ors).
Injunctions
John has acted in numerous cases involving the granting of emergency injunctive relief including world wide freezing orders.
Other cases
Other cases of note include the following Court of Appeal cases:
- Dexter v Vlielland-Boddy & Ors [2003] EWCA 14, (2003) 147 SJLB) 117 concerning re-litigation of the same subject matter and abuse of process.
- GE Information Services Ltd v Harbinger UK Ltd, (Court of Appeal, [2000] 1 All ER (Comm) 166), ruling on the construction of a computer software support and maintenance contract and the right to terminate
Publications
John is a contributor to the chapters on funds transfer and cheques in the book The Law of Bank Payments (3rd ed, 2004, Sweet & Maxwell).
John is also a contributor to the book Carriage by Air, (1st ed, 2001, Butterworths).
Interests
Tennis, football and skiing.