Philippa Hamilton
Call Date
1996
Practice Areas
Philippa Hamilton has a broad commercial and civil practice covering:
- All areas of commercial law
- Arbitration
- Banking & Finance
- Chancery
- Consumer and Small Business Law
- Insurance and Reinsurance
- Mediation
- Product Liability
- Professional Negligence
- Conflict of Laws & Private International Law
- Shipping & Yachts
- Travel
Education
St Paul's Girls' School
Oxford University, Brasenose College
City University
Prizes & Scholarships
Scholar Brasenose College, Oxford - 1989,1990
Lincoln’s Inn, CPE Scholarship -1994
Distinction, City University, Dip. Law (CPE) - 1995
Lincoln’s Inn, Mansfield Scholar – 1995
Lincoln’s Inn, Major Scholar - 1996
Other Qualifications
Chartered Institute of Management Accountants, finalist 1993
Professional Experience
Philippa Hamilton is a trained economist as well as a barrister and has wide-ranging experience of commercial and civil litigation both in an advisory and representative capacity, led and un-led and at all levels of the courts (and tribunals). Across all the practice areas identified above she has particular competence in dealing with scientific and mathematical issues including those involving technical aspects, accounting issues, financial products, statistics and epidemiology.
Recent Practice
Arbitration
Acted for both claimants and respondents in international and domestic arbitrations as well as in the courts in claims relating to arbitrations (including stay and anti-suit applications).
Banking & Finance
Wide range of experience acting for (and against) retail and investment banks, both national and international. Issues raised included those in relation to cheque conversion; breach of confidence; jurisdiction; and a variety of matters surrounding the validity and enforceability of mortgages, guarantees and other forms of security. In particular, acted for an international investment bank in a breach of confidence/non-compete claim in the Chancery Division, with Elizabeth Gloster QC, Brian Doctor QC and Richard Handyside; a bank in dispute with a security firm stocking ATM machines; a data systems company in dispute with a bank in respect of a contract for the provision of electronic banking equipment, with Stephen Moriarty QC); a bank seeking to enforce promissory notes; investors in dispute with an investment bank over regulatory breaches relating to complex emerging market products; an international property developer in dispute with an investment bank over UK assets and a bank in dispute with a hotel group arising from the terms of its lending facilities..
Chancery
Led by Nicholas Underhill QC for Appellants in Arklow Investments Ltd and Others v I.D. Maclean and Others (Privy Council) [2000] 1 WLR 594. Acted for defendants to a breach of confidence/non-compete claim in an international investment banking context.
Consumer and Small Business Law
Experienced in a wide range of business disputes involving various issues of a contractual, tortious, equitable and procedural nature. Experience includes: acting for a company in dispute with its recruitment agency (county court trial); an international drinks company in a contractual dispute with one of its foreing local distributers and consultants; a local council in a dispute with its provider of refuse recycling services; a bank in dispute with a security firm stocking ATM machines; a bank in dispute with a data systems company in respect of electronic banking equipment; a train company in dispute with its contracted mobile caterers; a holiday dispute; a commercial agent in dispute with its principal; a solicitor in a partnership dispute and mink farmers in dispute with DEFRA over compensation for their prohibited business. Involved in various unfair/constructive dismissal and discrimination claims in ETs.
General Commercial:
Instructed in a broad range of commercial disputes. In addition to those cases referred to under the related headings here (Arbitration, Banking & Finance Consumer and Small Business Law, Insurance & Reinsurance, Product Liability, Professional Negligence, Conflict of Laws & Private International Law), Philippa has recently been instructed in a large international sale of goods dispute, a partnership dispute involving solicitors and a claim relating to alleged breaches of a commercial consultancy agreement.
Insurance & Reinsurance
Experienced in a range of insurance and reinsurance disputes including the Lloyd's litigation (on behalf of Lloyd's, involved in the preparation for trial of Society of Lloyd's v. Sir William Jaffray) and for a long-tail syndicate's action against its syndicate auditors (for the Claimants). Acted for placing brokers in a dispute concerning the proper disposition of premium and commission funds held in escrow. Acted for insurers disputing cover in respect of substantial losses relating to the construction of a power station. Advised in respect of a dispute relating to coverage and breach of warranty issues in relation to a claim arising from a paper factory fire. Advised insurance brokers on issues arising from their own E&O cover (in particular aggregation and limitation issues).
Mediation
Participated in the mediation of two Commercial Court actions: one a long tail syndicate's action against syndicate auditors (for the Claimants) the other a banking/insurance dispute acting for the insurer defendants. Prepared a number of written mediation position statements.
Product Liability
Part of the successful defence team of Organon NV - led by Nicholas Underhill QC and Philip Brook Smith QC - in the trial of the Combined Oral Contraceptive Group Litigation (XYZ and others v. Schering Health Care Ltd and others [2002] EXHC 1420 (QB)). Acted for a car manufacturer defending a product liability claim. Advised international suppliers in respect of alleged defective machinery components.
Professional Negligence
Acted for and against a variety of professionals including (with Michael Brindle QC) the claimants in Bermuda International Securities Ltd. v. KPMG [2001] EWCA Civ 269, The Times March 14 2001 (a pre-action disclosure point went to the Court of Appeal); a Lloyd's syndicate's dispute with its auditors; investors in dispute with an investment bank; investors in dispute with their advising solicitors; companies in dispute with solicitors in connection with the setting up of employee benefit trusts; and purchasers seeking complex damages in a negligence claim against their conveyancing solicitors in respect of a mixed use property.
Conflict of Laws & Private International Law
Dealt with various jurisdiction and conflicts of law issues across of a number of practice areas. Acted for claimants seeking declarations and anti-suit injunctions in relation to an arbitration.
Shipping & Yacht
Advised shipping, yacht industry and maritime interests while working at Hill Dickinson.
Travel
Advised in relation to holiday disputes including under the Package Holiday Regulations.
Publications
Editor of Commercial Court Procedure 2001, (Sweet & Maxwell, 2000)
Other Experience
Hill Dickinson: Employed Barrister (2004-2005).
- Advised shipping, yacht industry and maritime insurance clients.
- Assisted members of the shipping and yacht departments with a variety of legal research, seminars and articles for external publication.
Unilever plc (1991-1994)
Before coming to the Bar, worked in Unilever's Corporate Head Office in London (Blackfriars):
- Economist within Unilever’s Corporate Development and Economics Department (1991-1993). Responsibilities included competitor monitoring and economic and strategic modelling.
- Manager within Unilever’s Corporate Strategy Department (1993-1994). Provided strategic, financial and economic support for Unilever's Chairmen (Dutch and English) and Board Executives. Acquired CIMA accounting qualification.