Marianne Butler
Call date
2003
Practice Areas
Marianne Butler has a broad commercial and civil practice, with particular interest in and experience of:
- General Commercial Litigation
- Banking and Finance
- Professional discipline, regulation and negligence
- Insurance
- Aviation and Travel Law
Recommendations (Practitioners' Guides)
Described in Legal 500 2009 as a ‘great junior for tricky cases, capable of dealing with the unusual. Extremely hardworking, but fun and sassy, too.'
Education
BVC, BPP Law School (Very Competent)
CPE/Diploma in Law, BPP Law School (Commendation)
BA (Hons) Philosophy, Politics and Economics, Hertford College, Oxford (First)
Prizes & Scholarships
Lincoln's Inn BVC Lord Denning Scholarship, 2002-3
BBP Constitutional and Administrative Law prize 2002
Lincoln's Inn CPE Lord Bowden Scholarship, 2001-2
Hertford College, Oxford, PPE Prize, 2000
Hertford College, Oxford, Distinguished Achievement Award, 2000
Professional Experience
Marianne acts and advises in a wide range of commercial disputes, both in her own right and as a part of solicitor and counsel teams in high value, complex litigation. Regular clients include Barclays Bank, HSBC, Lloyds TSB and The Law Society/SRA. Details of Marianne’s practice areas and recent cases are listed below. Marianne is currently involved with Craig Orr QC in a long-running and complex UNICTRAL arbitration concerning the design, installation and supply of telecommunication systems and with Mark Simpson QC in proceedings against a private bank before the TCC. She was very recently led by Patricia Robertson QC in a substantial hearing before the Solicitors Disciplinary Tribunal.
Recent Practice
General Commercial Litigation and Arbitration
Marianne has a broad commercial and civil practice in line with Chambers’ profile. Her instructions have included:
- Currently acting with Craig Orr QC in a long-running and complex UNICTRAL arbitration concerning the design, installation and supply of telecommunication systems;
- Currently acting with Mark Simpson QC for a private bank in proceedings before the TCC;
- Acting for a large telecommunications company in respect of a mulit-million pound third party debt order;
- Instructed with Anthony Boswood QC by a high profile individual to strike out a substantial claim against him for want of prosecution;
- Acting for an individual in setting aside a substantial 2-year old judgment obtained against him by the Inland Revenue;
- Experience of dealing with claims by vexatious litigants (including a successful application for an extended civil restraint order in Bezant v Rausing and others [2007] EWHC 1118);
- Acting and advising in a full range of general commercial disputes. Recent subject matter has included share purchase agreements, issues arising under the Commercial Agents Regulations and in respect of claims against builders and other construction contractors;
- Advising an educational establishment with regard to recovery of unpaid funding from the European Regional Development Fund;
- Instructed on an application for detailed assessment pursuant to section 70(4) of the Solicitor’s Act 1974.
Banking & Finance
Advised and acted for major high street banks, private banks and other parties in relation to a wide variety of matters including:
- Currently acting (with Mark Simpson QC) for a private bank in proceedings for breach of contract and negligence in the TCC;
- Advising (with Bankim Thanki QC) with regard to the merits of a substantial breach of warranty claim;
- Instructed for Barclays and Lloyds in numerous fraud claims against third parties including against ex-employees;
- Advised and acted for a variety of major high street banks concerning claims under mortgages with particular experience of issues of undue influence, mistake and rectification;
- Advised and acted for a major high street bank in a case involving alleged false imprisonment;
- Advising in connection with claims for compound interest in the light of the judgment in Sempra metals;
- Advising and appearing for Barclays, HSBC and others in the County Court concerning issues arising out of the ongoing test case against the OFT;
- Advised and acted for an individual against Barclays in successfully discharging and removing a legal charge of substantial value from the Charges Register on the grounds of limitation;
- Advising and acted for Barclays Bank in numerous cases involving issues such as breach of mandate; the construction and enforceability of guarantees, loans and terms and conditions;
- Advising the Consumer Action Group with regard to bringing claims against debt collectors and/or banks for harassment;
- Acting for a lender in respect of a claim for breach of warranty of authority.
Professional discipline, regulation and negligence
Advised and acted on various matters concerning solicitors for both the regulator and the regulated including:
- Very recently instructed with Patricia Robertson QC for the Law Society/SRA in a substantial hearing before the Solicitors’ Disciplinary Tribunal;
- Instructed by the Law Society/SRA in relation to appeals to the Master of the Rolls under the Solicitors Act 1974: see e.g. Re a Solicitor No. 18 of 2008 [2008] EWCA Civ 1358. Currently acting in another appeal with Nigel Giffin QC;
- Advising solicitors as to regulatory compliance (e.g. Marianne recently advised a firm of solicitors with regard to whether they were required to make a report of serious misconduct under Rule 20.04 of the Solicitors’ Code of Conduct);
- Advising the Law Society/SRA with regard to the construction of the Solicitors’ Indemnity Insurance Rules 2005 (advising as to, inter alia, the liability of salaried partners and regarding issues concerning successor practices);
- Instructed by a mortgagee in a substantial claim against solicitors for breach of warranty of authority and negligence;
- Acting in proceedings brought pursuant to s70 of the Solicitor’s Act 1974.
Other professional negligence and related instructions:
- Currently acting (with Mark Simpson QC) for a private bank in proceedings for breach of contract and negligence in the TCC;
- Advising and acting for a liquidator in successfully striking out multi-million pound proceedings brought pursuant to s212 of the Insolvency Act 1986. Bezant v Cork [2006] All ER (D) 19 August;
- Advising and acting for the same liquidator in successfully striking out a subsequent multi-million pound claim against him in negligence; Bezant v Rausing and others [2007] EWHC 1118 (QB);
- Instructed as junior with Michael Green by the Treasury Solicitors in a substantial trial concerning proceedings brought pursuant to s8 of the Company Directors Disqualification Act 1986;
- Acting in a number of other cases involving issues of alleged negligence against professionals across a wide range of disciplines.
Insurance
Advised and acted for a number of insurers concerning issues of coverage. Experience of advising on coverage issues relating to the professional indemnity insurance of architects and engineers. Advised on several aspects of the Law Society’s Minimum Terms and Conditions.
Aviation and Travel Law
Advised and acted for airlines on a variety of matters including liability under the Montreal Convention. Recently acted for an airline in a trial concerning an interpretation of Article 5(3) of EC Regulation 261/2004.
Reviewed the airlines' defence to rebut compensation claims for cancelled flights in Unfit to Fly? New Law Journal, 2 February 2007. Presented a paper at the Seventh International Travel and Tourism Policy, Law and Management Conference in Edinburgh in September 2007 entitled “The Travel Industry and the Corporate Manslaughter and Corporate Homicide Act”. Published an article of the same name in the International Travel Law Journal.