Fountain Court Chambers

London & Singapore

Louise MerrettCall Date: 1995

Louise Merrett combines her career at the Bar with academic work and a variety of other regulatory and advisory responsibilities. She commenced practice as a barrister in 1996. Her practice covers a wide range of commercial work, with an emphasis on large scale commercial litigation and arbitration as well as employment, aviation, banking, professional negligence and product liability. Notable cases include a long running arbitration against Air India involving hearings in London and Mumbai as well as extensive High Court enforcement litigation, representing the National Blood Authority in A and others v The National Blood Authority (one of the leading cases on product liability), and acting for British Coal in its long running equal pay dispute.

In 2003 Louise became a Fellow of Trinity College Cambridge, and since then has been appointed as a University Lecturer, Senior Lecturer and Reader (2016) at the University of Cambridge. During this time she has remained a member of Fountain Court and has continued to act in a broad range of cases with a particular speciality in jurisdictional disputes and international employment law.  Most recently she has acted as junior in a major jurisdictional dispute in the commercial court acting for AXA Insurance CSA (including hearings in the Commercial Court).

Louise teaches a range of commercial subjects including contract law, commercial law, conflict of laws, and post-graduate courses in Advanced Private Law and International Commercial Litigation. She publishes widely in the fields of commercial law and private international law and is regarded as one of the leading experts internationally. She is the author of the private international law sections of both of the leading books which deal with the international aspects of contract law, Benjamin’s Sale of Goods and Chitty on Contracts and has published extensively in leading journals as well as writing and contributing to a number of books. Her work is cited regularly in the courts. In particular, her articles and book on international employment law have been cited by the Supreme Court, Court of Appeal, High Court, Employment Appeal Tribunal and Employment Tribunals as well as by the Advocate General of CJEU, the New Zealand Supreme Court and the Supreme Court of South Africa.

Louise has been actively engaged in the profession’s response and preparations for Brexit including membership of special committees of COMBAR, the Bank of England Financial Markets Law Committee and the LCJ’s special Brexit Advisory Committee as well as giving evidence to the House of Lords EU Justice Sub-Committee.

Louise has considerable experience in regulatory work having conducted disciplinary and appeal hearings for Trinity College, Cambridge University Court of Discipline and the Perse School.  She has recently been appointed as a member of the Bar Council Advisory Panel of Experts.

Areas of Expertise

  • Jurisdiction & conflicts of law
  • Private International Law
  • Commercial dispute resolution
  • International arbitration
  • Media, entertainment & sport
  • Product liability
  • Aviation

Recommendations

Louise has been ranked by The Legal 500 and Legal Experts as a leading aviation junior

 

Education

  • MA Law, Trinity Hall, Cambridge, First Class
  • PhD, Cambridge

Appointments, memberships, prizes

  • Squire Scholarship 1990 (Cambridge)
  • Henry Bond Prize 1991 (Cambridge)
  • David Clement Prize for English Law 1992 (Cambridge)
  • Herbert Smith Prize for Conflict of Laws 1992 (Cambridge)
  • Research Assistant Law Commission 1992-1994
  • Gray’s Inn Bacon Scholarship 1995 (Gray’s Inn)
  • Academic Fellow Gray’s Inn

Recent practice / Notable cases

Aviation

  • An eight week UNCITRAL arbitration acting for an aircraft leasing company in a major international arbitration. Subsequently resisted 2 applications for leave to appeal against the arbitration awards and acted in enforcement proceedings in the High Court and Court of Appeal.


International arbitration

  • Preparation of a preliminary issue in relation to an LCIA arbitration dealing with an oil and gas supply contract.


Commercial dispute resolution

  • Awwad v Geraghty [2000] 1QB 570, Court of Appeal (enforceability of solicitor’s conditional fee agreements)
  • GEHE AC v NBTY Inc [1999] CLC 1949, week long Commercial Court trial involving construction of a sale and purchase agreement.
  • State of Qatar v Sheik Khalifa bin Hamad al Thani (1999). Acted for the State of Qatar in obtaining £900,000,000 world-wide Mareva injunction and disclosure order
  • Gheewala and others v Hindocha and others [2004] 1 CLC 502, [2003] UKPC 77, [2003] All ER (D) 291 Privy Council. Decision on forum non conveniens.


Jurisdiction and Private International Law

  • XL Insurance Company SE v Axa Corporate Solution Assurance [2015] EWHC 3431 (Comm)
  • Antonio Gramsci Shipping Corp v Reoletos Ltd [2012] EWHC 1887 (Comm) [2012] Lloyd’s Rep 365 (adviser)
  •  Deutsche Bank AG v Asia Pacific (CA) [2008] EWCA Civ 1091 [2008] 2 Lloyd’s Rep 619

 

Product Liability

  • A and Others v National Blood Authority [2001] 3 All ER 289 – leading case on product liability under the Consumer Protection Act 1987.


Sport

  • Football Association Disciplinary Hearing, acted for the Football Association in proceedings against 9 players in connection with irresponsible ticket distribution

Publications

  • Author Employment Contracts in Private International Law, 2011, OUP
  • Co-Editor and author Private International Law of Reinsurance and Insurance, 2006, LLP
  • Chitty on Contracts, Chapter 23 The Sale of Goods, Chapter 40 The Conflict of Laws
  • Benjamin’s Sale of Goods, Chapter 26, The Conflict of Laws
  • The Brussels I Regulation Recast, (Dickinson and Lein) 2015, Commentary on Arts 20-23
  • Cheshire, North & Fawcett Private International Law, 2017, Oxford, Chapter on Trusts
  • Articles: Industrial Law Journal, International and Comparative Law Quarterly, Lloyd’s Maritime and Commercial Law Quarterly, Cambridge Law Journal, Journal of Private International Law, Law Quarterly Review.

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