Raymond Cox QC
Call Date
1982
Silk date
2002
Practice Areas
- All areas of Commercial Law
- Reinsurance and insurance
- Banking
- Professional negligence
Recommendations (Practitioners' Guides)
A “terrific advocate” with “finely balanced judgment”, Chambers and Partners 2008; “achieves results in an easy way”, Chambers and Partners 2006; recommended in Legal 500, Insurance and Reinsurance; Banking and Finance, which states he “is seen as having great acumen in retail banking issues, such as overdraft and credit card fees, and is not flashy, but very, very clever”; recommended in Legal Experts 2007, banking, insurance and reinsurance and professional negligence.
Education
Mansfield College, Oxford University
Prizes & Scholarships
Eldon Scholar, Oxford
Arden Scholar, Gray's Inn
Professional Experience
Broad Commercial and Common Law practice with an emphasis on reinsurance and insurance, arbitration, banking, professional negligence, financial services regulation, and commercial disputes generally.
Bencher of Gray’s Inn
Advocacy trainer
Notable Cases
Insurance and Reinsurance, including arbitration
Business interruption and property damage insurance and reinsurance claims arising from nuclear plant shutdown (2008)
Major arbitration proceedings relating to Exxon and Kuwait spiral recoveries, 2007
Split Capital Investment Trusts (zeros) – various insurance claims arising from the collapse of the zeros market and regulation 2005
Sphere Drake Insurance v Stirling Cooke Brown Reinsurance Brokers Ltd. and others, 2003 – various court and arbitration proceedings in relation to the Personal Accident LMX market.
Film Finance Inc v Royal Bank of Scotland (2007) and other film finance litigation in court and arbitration relating to ‘gap’ insurance policies covering losses made in financing films.
Pensions misselling claims 2001 – various insurance claims.
Arbitration concerning reinsurance of U.S. computer warranty claims 2000
DSG Retail v QBE International Insurance 1999 – over redemption insurance policy
Standard Chartered Bank v Standard Chartered Insurance Company plc 1998 – claim on a bankers’ blanket bond policy arising from Bombay Stock Exchange collapse
Pohjola v Coleman 1998 –conduct of a reinsurance pool.
D&R Insurance v Seguros America Banamex 1993 – illegality and reinsurance pool.
ERAS Environmental Impairment Liability (EIL) 1992 – series of actions relating to risks written under an EIL pool.
Administrative & Public Law
R v British Coal ex p. Price 1994 – judicial review in relation to pit closures.
George v Devon County Council ex p. G 1981 –judicial review in relation to school transport.
Arbitration
See reinsurance and insurance.
Banking & Finance
Dispute re settlement for certified and uncertified shares under the LSE and CREST rules (2008)
Contracts for differences and FSA regulation - advising 2007.
FSA regulation of insurance and guarantees - advising 2007
FSA credit card charge investigation 2005 – advising.
Default bank charges and regulatory matters – advising 2005 - 2007
Split Capital Investment Trusts (zeros) – various insurance claims arising from the zeros market and regulation 2005
Hermes v Bank of New York 2001 – custodianship of shares.
Cronos Containers NV v Palatin 2001 - constructive trust claim against a bank.
Cauxell v Lloyds Bank 1995 – claim for indemnity in respect of payment under a performance bond.
Lloyds Bank v Byrne 1993 – claim on bank security following bankruptcy
United Bank of Kuwait v Hammond 1988 – claim by bank on a solicitor’s undertaking.
Civil Fraud
Societe Generale v Goldas 2008 freezing injunction proceedings in relation to missing consignments of gold valued at US$500m.
Great Wealth Telecom v Simtel, 2006 acting for a Singapore buyer of a missing shipment of mobile phones, in relation to claims for conspiracy, breach of trust and damages.
Gemini Investments v Botolph 2005 acting for sellers of property in relation to freezing injunction proceedings arising from apparently fraudulent rent guarantees amounting to over £50m.
R v Leaf, 2006 advising on civil law aspects of criminal proceedings for tax fraud which involved fraudulently reclaiming £55m of corporation tax on the basis of losses made on loans and transactions between a group of companies.
Cronos Containers NV v Palatin 2001 – claim in respect of international fraud and constructive trust against a bank.
Commercial Litigation
Film Finance litigation 2003 to date – various claims in court and arbitration relating to commercial contracts for production and financing of films.
British Sugar v Babbini 2005 – jurisdiction under Brussels Convention
Knauf (UK) v British Gypsum 2003 – major industry-wide dispute relating to defects in plaster or plasterboard
Cronos Containers NV v Palatin 2001 – claim of international fraud and constructive trust against a bank.
Instance v Denny 2000 – worldwide injunction against use of without prejudice documents
Lilley v Plessey 1998 – group action by pensioners of Plessey
Mercury v Loerke 1993 – jurisdiction under the Brussels Convention
Construction
Knauf (UK) v British Gypsum 2003 – dispute relating to defects in plaster or plasterboard
Education
George v Devon County Council ex p. G 1981 – judicial review in relation to school transport.
Employment
R v British Coal ex p. Price 1994 – judicial review in relation to pit closures.
Financial Services
Advising building society in relation to an FSA “assets requirement” notice under s.45, and money laundering – 2008.
Advising investment manager in relation to client and funds handling obligations under FSMA and Handbook – 2008.
Regulatory Transactions Committee of the FSA hearing and s.166 review (report by skilled person) for multinational financial institution – 2008”
FSA regulation of insurance and guarantees – advising 2007
Split Capital Investment Trusts (zeros) – various insurance claims arising from the zeros market and regulation 2005
FSA credit card charge investigation, 2005
Default bank charges and regulatory matters – advising 2005 - 2008
Contracts for differences – advising in relation to establishment, regulated activities and financial promotions under the FSMA 2005 – 2008
Professional Negligence
Comunica v BDO Binder Hamlyn 2006 – audit negligence
John Mowlem Construction plc v NF Jones & Co 2003 – solicitors’ negligence action relating to advice about professional indemnity insurance
AXA v MSL 1998 – major series of claims against centralised mortgage administrators
Astra v Stoy Hayward and Paine Webber 1998 – claim of negligence against a merchant bank solicitors and accountants relating to a take-over
London Underwriting Ltd v. KPMG Peat Marwick 1993 – claim against accountants ad auditors of reinsurance business.
Reported Cases
Film Finances Inc v The Royal Bank of Scotland [2007] EWHC 195 (Comm)
British Sugar v Fratelli Babbini [2005] 1 Lloyd’s Law Reports 332, [2005] 1 All ER (Comm) 55, 100 Con LR 122, [2005] ILPr20.
Sphere Drake Insurance v Stirling Cooke Brown Reinsurance Brokers Ltd. and others [2003] Lloyd’s Law Reports IR 525
Instance v Denny [2000] FSR 869
DSG Retail v QBE International Insurance [1999] Lloyd’s Rep. IR 263
Cauxell v Lloyds Bank, Times 26.11.95, CA
R v British Coal ex p. Price [1999] IRLR 72, CA
Lloyds Bank v Byrne [1993] 2 FCR 41, CA
Mercury v Loerke, Times [1993] ILPR 142, CA
United Bank of Kuwait v Hammoud [19880 1 WLR 1501, CA
George v Devon County Council ex p. G [1981] 1 AC 573, HL
Publications
Law of Bank Payments (2004, 3rd ed.) joint editor with Michael Brindle QC, (Sweet & Maxwell)
Private International Law of Reinsurance and Insurance, December 2006, Informa (LLP) with Louise Merrett and Marcus Smith
“The prevalence of London insurance and reinsurance markets sets the scene for this book, which fills the niche neatly by systematizing the relevant case law and framework… the text is fluent and reads well.. and the authors deal lucidly with a complex and difficult subject”, Lloyds Maritime and Commercial Law Quarterly, Hjalmarsson.
Commercial Court Procedure 2001, general editor with Stephen Moriarty QC, (2000, Sweet & Maxwell)
Contributor to Professional Negligence and Liability (LLP 2000), edited by Mark Simpson
Joint editor of Regulatory part of Encyclopaedia of Insurance Law (ed. Prof John Birds, Sweet and Maxwell, 2006)
Consultant Editor with Professor IR Scott and Jeremy Stuart-Smith QC to Civil Procedure Reports (Sweet & Maxwell)
Various articles on insurance and banking.
Recent articles include:
“The Banking Code 2008”, Law Soc. Gazette, 24 April 2008
“Election Time?”, Insurance & Reinsurance Law Briefing (I. & R.L.B. 2008, 137/138(Apr), 1–5, re Kosmar Villa Holidays v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (CA)
“Multi-state risks and back to back reinsurance”, Mealey’s Reinsurance Report, Aug. 2007, re Wasa v Lexington [2007] EWHC 896.
Professional Negligence and Liability
Private International Law of Reinsurance and Insurance
Multi-State Risks & Back-to-Back Reinsurance
Encyclopaedia of Insurance Law
Languages
Working knowledge of French