Sebastian Said
Fountain Court Chambers
Temple
London , EC4Y 9DH United Kingdom
+44 (0)20 7583 3335
Fax +44 (0)20 7353 0329
Sebastian Said

Sebastian Said

Call date

2004

Practice Areas

Sebastian Said practices in all areas of commercial law, with particular experience in:

  • Arbitration 
  • Banking and Financial Services
  • Civil Fraud
  • Civil Procedure
  • Commercial Litigation
  • Corporate Insolvency
  • Employment
  • Insurance and Reinsurance
  • Professional Negligence
  • Professional Discipline and Regulation
  • Sport

Education

  • BA (Law), Pembroke College, Oxford (Double First)
  • BCL, Pembroke College, Oxford (Distinction)
  • BVC, Inns of Court School of Law (Very Competent)

Prizes & Scholarships

  • Monk Prize in Law (Pembroke College, BA)
  • Domus Scholarship for Law (Pembroke College, BA)
  • Simms Prize (Oxford University, BCL)
  • Major Scholarship (Inner Temple, BVC)

Appointments

  • Research Assistant to the Director, British Institute of International and Comparative Law (2001 - 2003)
  • Researcher, AIRE (Advice on Individual Rights in Europe) Centre (2002)
  • Volunteer Legal Adviser, Bethnal Green Legal Advice Centre (2005)
  • Member, Bar Pro Bono Unit (2009)
  • Barrister Member, Joint Academic Stage Board (2009)

Recent Practice

Arbitration

  • Acted (led by Timothy Howe QC) for a leading US insurer in arbitration proceedings concerning the coverage of US asbestos and other pollution losses under London market reinsurance treaties. Also acted in the related application to the Commercial Court under section 32 of the Arbitration Act 1996.
     
  • Advised on commencing arbitrations under the ICC rules.

Banking and Financial Services

Experience of acting as sole counsel for clearing banks in a variety of cases, including breach of mandate and negligence, civil fraud (see below), enforceability of securities (including guarantees and mortgages), sales financing, asset financing, cases involving cheques, data protection, consumer credit and asset recovery (including tracing and possession proceedings).

  • The PPI Litigation: Barclays Bank plc and FIRSTPLUS plc: Instructed (led by Christopher Moger QC and Andrew Mitchell) on behalf of the defendant Barclays’ group companies in respect of claims brought by customers for alleged mis-selling of payment protection insurance. Assisted with preparation of advice on overall strategy and the general legal analysis as well as acting in the individual claims (both by settling pleadings and acting in applications for pre-action disclosure). 
     
  • Acting for Lloyds TSB in PPI mis-selling claims and in credit card claims raising issues under s78 CCA1974. 
     
  • Acting for Barclays in credit card claims raising issues under s78 CCA1974.
     
  • Sharpley and Naser v. Royal Bank of Scotland and Barclays Bank plc: Acted as sole counsel for the second defendant in this claim brought by the estate of an elderly woman who had suffered losses of £500,000 as a result of a neighbour’s fraud. The deceased had been induced to sign cheques in favour of the fraudsters. The case involved the nature of the paying bank’s obligations in relation to the cheques when presented (Lipkin Gorman v Karpnale [1989] 1 WLR 1340 (CA)).  
     
  • Barclays Bank plc v. Birkby: Acted in a claim for Barclays against the partner of a City law firm who, on being mistakenly sent a letter saying she had paid off her mortgage, sought to rely on the letter as the basis for an estoppel to avoid paying the significant outstanding debt. 
     
  • Acting as sole counsel for NatWest/RBS in Commercial Court proceedings defending a claim brought in relation to increased fees charged on corporate loan facilities following one of the company’s directors being convicted for offences under the Proceeds of Crime Act 2002. 
     
  • Acting as sole counsel for NatWest/RBS in Commercial Court proceedings defending a claim brought in relation to c£150k break costs on an interest rate derivative (collar). Successful defence of the Claimant’s summary judgment application before Tomlinson J. 
     
  • Acting for Lloyds TSB in defending a claim for losses caused by alleged negligent provision of its execution-only share dealing service (claim struck out at the outset of trial for failure to show a complete cause of action; alleged losses not caused by any action of the Bank). 
     
  • Acting for Southern Pacific in family proceedings in the Principal Registry of the Family Division and in proceedings before the Adjudicator of the Land Registry.  
     
  • Chilean Investors v. ANZ: Instructed for the claimants (led by Bankim Thanki QC, Derrick Dale and Philippa Hamilton) in a claim worth cUS$30m brought by 30 Chilean investors against the London branch of a major bank in relation to losses made on derivatives based on Russian National Debt. One aspect of the claim relied upon the statutory cause of action provided by section 62 of the Financial Services Act 1986 and breaches of the IMRO rules. 
     
  • Advised a property search website on the potential application of the regulatory scheme of the Financial Services and Markets Act 2000 to proposed fund-raising schemes. 
     
  • Advised an investor who had suffered losses of c£1m on a potential claim against Fairfield Greenwich Group, one of the more prominent feeder funds for Bernard L. Madoff Investment Securities LLC.

Civil Fraud

Experience of advising on, and acting in, fraud claims:   

  • Parabola Investments v Man Financial Limited [2009] EWHC 901; Parabola Investments v Man Financial Limited (No.2) [2009] EWHC 1492. Instructed for the Second and Third Defendants (led by Michael Brindle QC and Jeffrey Chapman) in this four-week high-profile £90 million trial in the Commercial Court (before Flaux J) involving allegations of fraud, breach of contract and breach of fiduciary duty made by the claimants (the investment vehicles of a day trader) against his former brokers (the case involved the sale of derivatives: CFDs and options in particular). 
     
  • Instructed for Barclays Bank plc in numerous fraud claims against both customers and branch managers.  
     
  • The Hollywood Funding Litigation: Lexington v. Tarlo Lyons: Instructed (led by David Railton QC and Paul Sinclair) in a claim brought by an insurer against a solicitor and his Firm for their role in causing the insurer to suffer losses of cUS$20m in connection with underwriting film finance risks. This Commercial Court claim involved allegations of conspiracy, deceit and procuring breach of contract. 
     
  • Acted as sole counsel for a hotel group in a claim for breach of fiduciary duty (lack of good faith and conflict of duty and interest) to recover losses of c£100k against a financial consultant, who had acted as the company’s de facto financial director. Following a four day trial before HHJ Freeland QC, Judgment (including a finding of bad faith) was entered for the hotel group.  

Civil Procedure

Experience of all stages of civil litigation: advice pre-issue; injunctions; drafting letters of claim and letters of response under the pre-action protocols; drafting pleadings (and requests for further information); preparing and attending applications for strike out, summary judgment and setting aside default judgments; advice on disclosure (including privilege); advice on and assistance with preparation of factual and expert evidence; attending case management conferences and pre-trial reviews; advice on settlement (including mediation); conducting trials and appeals.

Experience of dealing with claims by vexatious litigants (including applications for civil restraint orders (see Das v. Barclays Bank plc [2006] EWHC 817)).

Cases include:

  • Acting in an application for security for costs against a claimant not resident in the jurisdiction (before Blake J). (The substantive case was reported as IRT Oil & Gas Limited v. Fiber Optic Systems Technology (Canada) Inc [2009] EWHC 3041 (QB)),
     
  • Acting for Barclays in an application for an extended civil restraint order against two vexatious litigants (before Calvert-Smith J). (The substantive case was reported as Das v. Barclays Bank plc [2006] EWHC 817),
     
  • Acting for Aspinall’s Club in resisting an application that personal service of a claim form had not been effected on a former gaming client while he was temporarily present in the jurisdiction.  

Commercial Litigation

Regularly instructed in large-scale, factually and legally complex commercial litigation in the High Court, working as a part of solicitor and counsel teams.

  • “The Saipem 10,000”: Instructed (led by Michael Crane QC and Veronique Buehrlen) for a multinational oil company claiming substantial damages in respect of losses suffered by it as a result of a major incident caused by an oil drilling ship while drilling off-shore Equatorial Guinea. The twelve week trial in the Commercial Court (before Cresswell J) on liability involved complex factual issues relating to both mechanical and computer software engineering and control systems, as well as commercially significant legal issues including: the true construction of contractual terms, entire agreement clauses, the duration of the warranties implied into a contract for the supply of goods and services and the circumstances in which a party can claim damages for losses suffered by another group company. The claim was settled prior to closing submissions. 
     
  • Chilean Investors v. ANZ: Instructed for the claimants (led by Bankim Thanki QC, Derrick Dale and Philippa Hamilton) in a claim worth cUS$30m brought by 30 Chilean investors against the London branch of a major bank in relation to losses made on derivatives based on Russian National Debt. The claim was settled by the bank on confidential terms. 
     
  • Campden Hill v. Chakrani [2005] EWHC 911: Assisted Stephen Rubin QC throughout this two week trial in the Chancery Division (before Hart J) while a pupil; in particular by preparing draft submissions on tracing and costs. Cited in Goff and Jones, The Law of Restitution in their discussion of tracing: [2-043]; [2-051]. 
     
  • Re: Really Useful Theatres: Advised (led by Nicholas Stadlen QC, now Stadlen J) a purchaser of a portfolio of West End theatres as to whether restrictions in the sale and purchase agreement constituted an unlawful restraint of trade. 
     
  • Independent International Investment Research plc v John East & Partners Limited: Acted as sole counsel for the defendant brokerage in a claim brought by a former client for alleged non-performance of its duties as Nominated Adviser (NOMAD) for the purposes of the AIM rules, prior to the claimant’s delisting from AIM.   
     
  • Advised a broker, who was acting for a major Indian pharmaceutical company, as to whether he was entitled to a fee for playing a part in arranging a c$60m deal for the company to take a majority stake in one of the largest pharmaceutical companies in Japan.

Corporate Insolvency

Experience of acting in Companies Court proceedings:

  • Acted for the corporate vehicle of a high-profile music festival promoter following the presentation and advertisement of a winding up petition by one of the company’s suppliers (petition dismissed following payment of the debt and the failure of any other creditors to seek substitution). 

Employment

Experience of acting in employment disputes:

  • Advised a Senior Manager at the City insurer, Assicurazioni Generali SpA, in relation to a sexual and racial discrimination claim. 
     
  • Appeared for the respondent, Barclays Bank plc, in a two day Employment Tribunal hearing dealing with an unfair dismissal where the employee had been dismissed for gross misconduct (misuse of corporate credit card to purchase personal computer equipment). 
     
  • Appeared in the Employment Tribunal on a preliminary issue challenging jurisdiction (applicant not an employee but a part-owner of the respondent business).  

Insurance and Reinsurance

  • The Hollywood Funding Litigation: Lexington v Tarlo Lyons: Instructed (led by David Railton QC and Paul Sinclair) in a claim brought by an insurer against a solicitor and his Firm for their role in causing the insurer to suffer losses of cUS$20m in connection with underwriting film finance risks. This Commercial Court claim involved allegations of conspiracy, deceit and procuring breach of contract.
     
  • Instructed (led by Timothy Howe QC) for a leading US insurer in arbitration proceedings concerning the coverage of US asbestos and other pollution losses under London market reinsurance treaties. Also instructed in the related application to the Commercial Court under section 32 of the Arbitration Act 1996.

Professional Negligence

Experience of acting in professional negligence claims (for both claimants and defendants) and of the following professional contexts: barristers; solicitors; accountants; fund managers; surveyors; bankers and IT professionals.

  • Finlan v. Eyton Morris Winfield and Grant Thornton: Instructed (led by Michael McLaren QC and Mark Simpson QC) in defending a £25m negligence claim brought against a firm of solicitors in respect of an alleged failure to seek relevant information at the completion meeting of a management buy-out. The firm of accountants who acted in the buy-out were also defendants and were the subject of contribution proceedings by the solicitors firm. The claim was settled during trial on confidential terms but a preliminary issue on assignment was reported as Finlan v. Eyton Morris Winfield [2007] EWHC 914 (Ch); [2007] 4 All ER 143.
     
  • Queen’s Park Rangers Holdings Limited v. Lambert Smith Hampton Group Limited: Instructed (led by Jeffrey Chapman) for QPR Holdings Limited, the company which owns and controls Queen’s Park Rangers FC, in bringing a claim against a firm of surveyors and valuers in respect of the alleged negligent valuation of a training ground purchased from Wasps RUFC. The case raised similar issues in relation to the proper measure of damages on an undervaluation to those dealt with in the related reported case of Trustees of Wasps v. Lambert Smith Hampton Group Ltd [2004] EWHC 938 (Comm). The claim was settled at mediation pre-issue.
     
  • Prior to coming to the Bar, worked for Arthur Andersen (1997 – 2002: Scholarship Programme; Corporate Tax) and Andersen Consulting; now Accenture (2002 – 2003).   
     
  • Co-author (with Patricia Robertson QC) of the chapter on Fund Managers in Simpson QC and Lord Hoffman, Professional Negligence and Liability (Informa LLP), described in the New Law Journal as: "A true rival to Jackson & Powell...this is a must-have book"   

Professional Discipline and Regulation

Experience of solicitors’ regulation under the Solicitors Act 1974 and the 2007 Code of Conduct:

  • Instructed by the Solicitors Regulation Authority in an application to the Master of the Rolls (resisting an application seeking to overturn a decision of the SRA to refuse student enrolment on grounds of character and suitability in light of the applicant’s criminal convictions and striking off by another professional body for serious professional misconduct). 
     
  • Instructed by the Solicitors Regulation Authority to advise on the Qualified Lawyers Transfer Regulations. 
     
  • Instructed by the UK General Counsel of a major facilities services company to advise on regulatory obligations applicable to job titles adopted by the company for employees of the UK legal team. 
     
  • Appointed to the Joint Academic Stage Board (2009), a joint committee of the Bar Standards Board and the Solicitors Regulation Authority, responsible for the setting and implementation of policies in respect of the Academic Stage of Training for qualification as a solicitor or barrister.


Experience of doctors’ regulation:

  • Defended a doctor at a GMC Fitness to Practise Panel review hearing (pre-existing conditions lifted on suitable undertakings being offered).

Experience of health professionals’ regulation:

  • Defended a speech therapist facing charges of professional misconduct in the Conduct and Competence Committee of the Health Professions Council (one day hearing; misconduct charge dismissed; warning given).

Sport

  • Postgraduate Certificate in Sports Law, King’s College, London (2007); with particular emphasis on challenging decisions of sports governing bodies.
     
  • Acted for a film company, the owner of archived tapes of F1 races from the 1970s and 1980s, in a dispute with a major broadcaster following their destruction. The case, which was settled pre-action on favourable terms, concerned the proper measure of damages for statutory conversion and sub-bailment on terms. 
     
  • Instructed for licence-holders in defending private prosecutions brought on behalf of the FA Premier League and Sky for alleged offences under s297 of the Copyright Designs and Patents Act 1988 (fraudulently receiving programmes in a broadcasting service with intent to avoid payment of any charge arising out of Premier League fixtures being shown on the licensed premises without a commercial Sky subscription. 
     
  • Instructed for licence-holders in defending the related civil proceedings brought by Sky for breach of contract and/or for procuring breach of contract.
     
  • Instructed for Queen’s Park Rangers FC in the negligent valuation claim detailed above. 
     
  • Member of the British Association for Sport and Law.