Veronique Buehrlen
Call Date
1991
Practice Areas
Veronique Buehrlen has a general commercial practice with particular strengths in:
- banking
- energy (oil & gas)
- civil fraud
- insurance and reinsurance
- sale of goods
- information technology
- arbitration
Education
MA Hons. St Andrews First Class (French and International Relations)
Diploma in Law, City University, Distinction
Prizes & Scholarships
St Andrews University MA Politics Prize
Middle Temple Queen Mothers Scholar
Middle Temple Bristow Scholar
Blackstone Entrance Exhibition
Professional Experience
Veronique Buehrlen’s experience spans many aspects of commercial law. She is well used to working in teams of counsel as well conducting cases herself both in Court and before arbitral tribunals. Veronique is bilingual French/English which she has deployed to the great benefit of French clients, including DMC in Dollfus Mieg & Cie v CDW International Ltd. Whilst Veronique has appeared in many different levels of Court, including the Privy Council and the Court of Appeal, most of her recent work has been in relation to cases brought in the Commercial Court.
Recent Practice
Veronique recently completed a 12 week trial, in which she was led by Michael Crane Q.C. and instructed by Clyde & Co., arising out of a major marine accident aboard a state of the art oil exploration vessel (Saipem (Portugal) Commercio Maritimo Sociedade Unipessoal LDA v Wirth Maschinen-Und-Bohrgerate-Fabrik & National Oilwell AS). The trial, set down in the Commercial Court, gave rise to complex legal and factual issues spanning a number of practice areas including oil and gas, sale of goods, product liability and information technology and is a good example of the breadth of Veronique’s commercial litigation practice. Since then Veronique has been working on a number of cases including a further substantial oil & gas matter and several banking and civil fraud cases.
Commercial Litigation:
Veronique has acted in numerous commercial cases. As already noted she recently completed a 12 week trial as junior counsel to Michael Crane QC in the Commercial Court in Saipem (Portugal) Commercio Maritimo Sociedade Unipessoal LDA v Wirth Maschinen-Und-Bohrgerate-Fabrik & National Oilwell AS (oil & gas, sale of goods, information technology and product liability). She was also junior counsel to Michael Crane Q.C. in Dollfus Mieg & Cie v CDW International Ltd (jurisdiction, joint venture agreement, shareholder dispute, breach of contract), junior counsel to Stephen Moriarty Q.C. in Nederlandsche Credietverzekering Maatschappji NV & NCM Credit Insurance Ltd. v Dovertower Ltd & Ors (export credit insurance; civil fraud) and junior counsel to Stephen Moriarty QC in Global Risk Capital Limited v Marsh & McLennan Companies Inc. & The Institute of London Underwriters, a complex insurance dispute arising out of various insurance re-arrangements and giving rise to issues in connection with the assignment of insurance policies, guarantees, trust instruments and letters of credit. Veronique was also junior counsel to John Marrin Q.C. in Siemens Plc. v Slough Heat & Power Ltd (construction, sale of goods), junior counsel to Michael Brindle Q.C. in Kwik-Fit Holdings Plc. v Shell Petroleum Corporation Plc. (share sale agreement, breach of warranty), Kwik-Fit Holdings Plc. v Amphlett & Ors (share sale agreement, breach of warranty), SIB v The Securities Investment Board, ex p. Sun Life (judicial review, financial services) and Cintas v Sotheby’s (conversion) and junior counsel to Christopher Jeans Q.C. in British Aerospace Plc. v Parker (breach of contract, employment). Veronique has acted for a variety of clients including The Times in its dispute against Ms Boywer (breach of confidentiality, breach of contract) and Perkins Engines in relation to the supply of engines in Primatronic v Perkins Engines (Peterborough) Plc. Veronique has also acted for the franchisor in various restrictive covenant and other franchising disputes (including claims for injunctive relief) such as Rodney Ashton v Perfect Pizza Ltd, W A Boyle v Prontaprint Plc, Andrew Berg v Kall Kwik Printing (UK) Ltd and Prontaprint Plc. v Colourflow Ltd.
Banking & Finance:
Veronique has a broad and extensive banking practice. She has acted on her own and also with leading counsel for Lloyds TSB Bank Plc. in many cases including Lloyds TSB Bank Plc. v Norgan (bank guarantees, prime bank guarantees, civil fraud), Lloyds TSB Bank Plc.v Robinson (negligent misstatement, mortgages), Lloyds TSB Bank Plc. v Sims (letters of credit), Lloyds TSB Bank Plc. v Sir William Shelton (guarantees, mortgages), Lloyds TSB Bank Plc. v Boxmark Ltd. (maintenance, costs against non-parties), Lloyds TSB Bank Plc. v Lampert (bank guarantees, mortgages), Lloyds TSB Bank Plc. v Bennett (guarantees, mortgages), Vaughan v Lloyds TSB Bank Plc. (bankers drafts, civil fraud), Lloyds TSB Bank Plc. v Wingrave (guarantees), Wilson v Lloyds TSB Bank Plc. (employment, civil fraud), Lloyds TSB Bank Plc. v Hayward (guarantees), Barlow v Lloyds TSB Bank Plc. and currently CM2 Services Ltd v Lloyds TSB Bank Plc. Other notable banking cases have included Deutsche Hypotheken Bank GmbH v Staikos (mortgages, civil fraud) and Central Bank of Trinidad & Tobago v Gulf Insurance Limited (judicial review of a central bank’s exercise of statutory emergency powers). Veronique was also recently led by Stephen Moriarty QC in the Global Risk v Marsh McLennan matter referred to above which included various complex guarantee and letter of credit issues. She is currently acting in two new bank cases, one arising out of fraudulent investment schemes and the other concerning complex invoice discounting arrangements.
Insurance & Reinsurance:
Veronique has acted in a number of insurance and re-insurance disputes dealing with a broad range of factual and legal issues including avoidance, coverage and civil fraud. Most notably Veronique was junior counsel to Stephen Moriarty Q.C. in Nederlandsche Credietverzekering Maatschappji NV & NCM Credit Insurance Ltd. v Dovertower Ltd & Ors (export credit insurance). She was also led by Stephen Moriarty Q.C. in Global Risk Capital Limited v Marsh McLennan Companies Inc & The Institute of London Underwriters (insurance rearrangements, letters of credit, assignment, trust instruments and guarantees), was counsel for EWS in Peter Mee & Ors.v English & Welsh & Scottish Railways (insurance scheme, misrepresentation, broker negligence) and second junior in Eugene Ryan & Ors v Anthony Kidd Agencies Ltd (professional negligence, insurance, re-insurance, binding authorities). Veronique acted in litigation arising out of the collapse of the Independent Insurance Group and in connection with reinsurance claims arising out of hurricane losses. She is currently acting advising in connection with a complex expert determination concerned with reconciling accounts between broker and insured in connection with the operation of various binding authorities and facultative treaties.
Civil Fraud:
Veronique has acted in several civil fraud cases arising in part out of her banking and insurance practice. In the banking field these have included Lloyds TSB Bank Plc. v Norgan (prime bank guarantees), Vaughan v Lloyds TSB Bank Plc. (bankers drafts), Wilson v Lloyds Bank Plc and Deutsche Hypothekin Bank GmbH v Staikos. Most notably in the insurance sphere Veronique was led by Stephen Moriarty Q.C. acting for the claimants in Nederlandsche Credietverzekering Maatschappij NV & NCM Credit Insurance Ltd. v Dovertower Plc. & Ors concerned with allegations of misrepresentation, non-disclosure, conspiracy, unlawful interference and joint tortfeasor liability in the context of export credit insurance. Veronique has also acted with Michael Brindle Q.C. in a substantial shareholder company fraud case and has recently advised in relation to claims made by a leading bank to trace monies allegedly obtained by deception (in fact pursuant to a commercial property mortgage fraud). She is currently working on two further civil fraud matters both set down for trial in the early part of 2009.
Energy & Natural Resources:
Veronique has acted in a number of cases in this field arising primarily out of the sale of goods and equipment and product liability. As already noted, most recently she was junior counsel to Michael Crane QC in Saipem (Portugal) Commercio Maritimo Sociedade Unipessoal LDA v Wirth Maschinen-Und-Bohrgerate-Fabrik & National Oilwell AS, a case arising out of a major incident that took place during plug and abandon operations aboard one of Saipem’s state of the art dynamically positioned oil exploration vessels and that resulted in the loss of the vessel’s riser string and BOP at sea and a record breaking salvage operation. The case gave rise to complex legal and factual issues concerned with the operation of drilling equipment and control systems aboard the vessel. Veronique was also junior counsel to John Marrin Q.C. in Siemens Plc. v Slough Heat & Power Ltd. (a sale of goods case concerned with the operation of electricity turbines at a major UK power station) and instructed by Perkins in Primatronic v Perkins Engines (Peterborough) Plc, a dispute concerned with the suitability for purpose and merchantability of engines. She is currently acting for Borealis AB in connection with its claim against Geogas Trading SA concerning the purchase by Borealis of LPG for its Integrated Polyolefin Plant at Stenungsund, Sweden.
Professional Negligence:
Veronique has acted for various professionals including the architect in Jane Duncan v Coussens and the accountants in Easterbrook v Lishman Sidwell Campbell and in a number of cases for and against insurance brokers including Eugene Ryan & Ors v Anthony Kidd Agencies Ltd. and Peter Mee & Ors v English & Welsh & Scottish Railways. In the last 6 months Veronique has acted in connection with claims for professional negligence brought against a solicitor and against a well known firm of insurance brokers.
Telecommunications:
Veronique has acted both on her own and as junior counsel for BT in numerous telecommunications disputes including: Vincent v British Telecommunications Plc., Fluoro Engineering Plastics Ltd. v British Telecommunications Plc., Hellewell v British Telecommunications Plc, Holscott Industrial Linings Ltd v British Telecommunications Plc., UK Broadcast Ltd v British Telecommunications Plc. and Direct Travel Insurance Limited v British Telecommunications Plc.
Administrative & Public Law:
Veronique was junior counsel to Michael Brindle Q.C. in two notable cases in this field arising out of her banking/financial services work namely SIB Securities Investment Board, ex p Sunlife (judicial review, financial services) and Central Bank of Trinidad & Tobago v Gulf Insurance Limited in which the Privy Council reviewed the legality of actions taken by the Central Bank of Trinidad and Tobago to prevent a run on an indigenous bank by compelling a merger of 3 banks in the exercise of certain emergency statutory powers.
Arbitration:
Over the years Veronique has acted in a number of arbitrations. Most of these have been ICC arbitrations on behalf of foreign clients. They have involved a variety of different areas of the law (including sale of goods and the supply of services, commercial agency, aviation, insurance and reinsurance) as well as a variety of procedural disputes. Recently Veronique was junior counsel to Michael Brindle Q.C. acting for several of the shareholders in Econet Wireless Ltd v Vee Networks Ltd in which they successfully persuaded the Court to set aside ex parte injunctive relief obtained by the claimant in support of proposed arbitration proceedings in an attempt to stifle Celtel’s acquisition of EWL. Most recently, Veronique acted for a state owned airline in ICC arbitration proceedings concerned with substantial claims arising out of various aircraft maintenance contracts and for the claimant in a substantial ad hoc reinsurance arbitration.
Mediation:
Veronique has acted in numerous cases that have been resolved by mediation as well as cases that have gone through the mediation process and then subsequently settled. She has and is repeatedly involved in work undertaken to prepare for mediation such as the drafting of position papers for the mediator(s).
Publications
Veronique wrote the chapter on “European Regulations on Air Carrier Liability” in Carriage by Air Edited by Trevor Philipson Q.C and the Chapter on the EC Institutions for the Practitioners Handbook on EC Law. She is also the author of “Air Carrier Liability for Passerger Injury within the EC: Disposing with Limits on Compensation and other issues”, Aviation Quarterly, July 1998.
EC Institutions
Air Carrier Liability for Passenger Injury within the EC: Disposing the Limits on Compensation
Other Experience
Veronique worked for the Legal Service of the European Commission (stage) and subsequently for Advocate General Francis Jacobs QC at the European Court of Justice during a period of secondment in her first year of tenancy at Fountain Court.
In addition to lecturing professional firms on various commercial law subjects including most recently on the Recommendations of the Commercial Court Working Party Long Trials Recommendations, for many years Veronique lectured on “First Days in the Commercial Court” on the bar’s advocacy course for newly qualified barristers.
After leaving St Andrews, and prior to being called to the Bar, Veronique worked for KPMG Peat Marwick McLintock’s Strategy Consultancy team.
Languages
Bilingual French / English