Marianne Butler
Call Date
2003
Practice Areas
Marianne Butler has a broad commercial and civil practice, with particular interest in and experience of:
- Banking
- Insolvency and Chancery
- Aviation and Travel Law
- Insurance
- Employment
- Professional Negligence
- General Commercial Litigation
Summary of Practice
Marianne acts and advises in a wide range of commercial disputes, both in her own right and as part of a team of counsel in high value and complex litigation. Her practice combines core commercial work with a particular emphasis on banking, insurance, aviation, professional negligence, employment and insolvency. Marianne regularly appears in both the High Court and County Court, acting at trial and in numerous interlocutory matters.
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
Recent Practice
Banking & Finance
Advised and acted for major high street banks and other parties in relation to a wide variety of matters with particular experience of disputes relating to mortgages, guarantees, loans, cheques, breach of mandate, negligence, civil fraud and customer terms and conditions. Advised and acted for an individual against a bank, successfully discharging and removing a legal charge from the Charges Register on the grounds of limitation. Frequently acted for lenders in various recovery and enforcement proceedings and claims regarding alleged penalty charges.
Insolvency and Chancery
Acted for and advised both individuals and companies on a variety of insolvency matters. Recently advised and acted 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. Advised and acted for the same liquidator in successfully striking out a subsequent multi-million pound claim against him in negligence; Richard John Bezant v Hans Rausing and others (2007) LTL 21/5/2007.
Instructed as junior with Michael Green by the Treasury Solicitors in a 3 week trial concerning proceedings brought pursuant to s8 of the Company Directors Disqualification Act 1986.
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.
Insurance & Reinsurance
Advised and acted for insurers concerning issues of coverage. Regularly advise 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 concerning solicitor’s professional indemnity insurance and successor practices.
Employment
Assisted Adam Tolley for 3 weeks in the London Central Employment Tribunal. Regularly instructed by the Treasury Solicitors to draft ET3s and settle witness statements for use in employment claims brought against the Prison Service and Ministry of Defence.
Professional Negligence
Acted for a mortgage broker defending a negligence action. Advised and acted for a liquidator in successfully striking out a multi-million pound claim against him in negligence; Richard John Bezant v Hans Rausing and others(2007) LTL 21/5/2007.
Commercial Litigation
Acted and advised in a full range of general commercial disputes. Recent subject matter has included sale of goods, breach of confidence, contracts for the supply of services, unjust enrichment, share purchase agreements and claims under the Commercial Agents Regulations. Frequently advised and acted on claims against builders and other construction contractors.
Instructed with Anthony Boswood QC to strike out a substantial claim on the grounds of delay. Acted for an individual in setting aside a substantial judgement obtained by the Inland Revenue several years previously. Recently instructed on an application for detailed assessment pursuant to section 70(4) of the Solicitor’s Act 1974. Acted for the Law Society on a variety of matters.
In addition to trials and CMCs, experience of a large number of interim hearings in both the High Court and County Court including making applications for summary judgement, strike out, transfer of proceedings, witness summons and setting aside judgments.