Fountain Court Chambers

London & Singapore

Patrick Goodall QCCall Date: 1998 | Silk Date: 2014

Patrick Goodall QC is a highly sought after advocate and is widely recognised as a leading practitioner in commercial dispute resolution.  He has a wide-ranging practice encompassing domestic and international commercial litigation and arbitration, and has been instructed in many of the major commercial cases in recent times.  He has been described in the directories as “superb” and “a delightful advocate with a first-rate brain”.  He is recommended in the directories as a leading silk in commercial litigation, banking and finance, civil fraud and insurance/reinsurance.  Patrick was one of the first of his level of call to take silk.

Much of Patrick’s work raises conflict of laws and jurisdictional issues and he is experienced in all aspects of private international law.  His practice is international in nature and he regularly acts for, or advises, clients in offshore jurisdictions.  He is admitted to the British Virgin Islands Bar.

Patrick is a co-author of The Law of Privilege (ed. Thanki) and has acted in a number of the leading cases concerning privilege.

Patrick was nominated as ‘Banking Silk of the Year’ 2019 by Chambers & Partners.

In addition to accepting appointments as an arbitrator, Patrick is a CEDR accredited mediator.

His recent highlights include:

  • Autonomy/Hewlett-Packard v Lynch and Hussain: Acting for the claimants in these substantial proceedings (for US$5 billion) involving claims for breach of fiduciary duty, breach of contract and misrepresentation in relation to the acquisition of Autonomy by the Hewlett-Packard group.  Reported to be the largest civil fraud trial heard by the English courts.
  • Pinchuk v Bogolyubov and Kolomoisky: Acting for Mr Igor Kolomoisky in a high-profile Commercial Court claim (valued at US$2 billion) between three Ukrainian businessmen concerning title to an iron ore plant.
  • Bank Mellat v HM Treasury: Acting for HM Treasury in this well-publicised damages claim (for almost US$4 billion) brought by an Iranian bank, Bank Mellat, resulting from the financial restrictions contained in the Financial Restrictions (Iran) Order 2009 being found unlawful by the Supreme Court.
  • Swap mis-selling claims: Acting for various high street banks in relation to numerous interest rate hedging product mis-selling claims, including successfully for Barclays in two high profile appeals to the Court of Appeal.
  • OFT bank charges litigation: Acting for HSBC in the high profile test case brought by the Office of Fair Trading in relation to current account overdraft fees in which the banks were victorious in the Supreme Court.

Areas of Expertise

  • Banking & Finance
  • Commercial dispute resolution
  • Financial services
  • Fraud: civil
  • Insurance and reinsurance
  • International arbitration
  • Offshore
  • Professional negligence

Recommendations

‘A wonderful individual: a delightful barrister to work with, with a very punchy oral advocacy style. He is unbelievably responsive to clients.’
The Legal 500

‘A class act: hugely responsive, extremely user-friendly, absolutely thorough in his approach, and not afraid of arguing the trickier points.’
The Legal 500

‘Very smart, excellent at handling clients and commands respect, very good with the detail and really personable to deal with.’
The Legal 500

“Universally loved by clients for his crisp advice and advocacy.” “He’s extremely easy to work with, rolls his sleeves up and gets stuck in to every aspect of the case.”
Chambers & Partners 

“Formidably bright and hard-working.” “He’s very much a rising star at the Bar in financial cases, and he’s clearly very able.”
Chambers & Partners  

“Absolutely outstanding at explaining complicated issues in court.”
Chambers & Partners 

 “He has excellent judgement and is very thorough.” “He leaves no stone unturned and is very user-friendly.”
Chambers & Partners 

 “Absolutely top rate.”
The Legal 500 

“Right at the top of my list of go-to barristers, he is a joy to work with.”
The Legal 500 

“He is a terrific advocate.”
The Legal 500 

Patrick is ranked in the legal directories for:

Chambers & Partners

  • Banking & Finance
  • Insurance
  • Fraud: Civil
  • Commercial Dispute Resolution

The Legal 500

  • Banking & Finance (including consumer credit)
  • Commercial Litigation
  • Fraud: Civil

Other notable cases

Banking & Finance

Patrick has advised and represented clearing and merchant banks and other financial institutions in a broad range of domestic and international disputes as well as in non-contentious contexts, including in relation to investment banking, fund management, securitisations, letters of credit, cheques, security, consumer credit, structured products and export credit.  He is recommended as a leading silk in banking and finance in Legal 500, Chambers & Partners and Who’s Who Legal.  Recent examples of his practice in this area include as follows:

  • Acting for National Australia Bank in proceedings relating to the break costs and fixed rate payable for tailored business loans offered by Clydesdale Bank to its customers.
  • Acted successfully for Barclays in two high profile appeals regarding the nature of the duties owed by the bank to customers in relation to the FCA Review into interest rate hedging product mis-selling: Bartels v. Barclays Bank [2018] 1 W.L.R. 2137; Elite Property Holdings v. Barclays Bank [2019] Bus.L.R. 129.
  • Acted for UBS in UBS AG, London Branch v. GLAS Trust Corp [2017] EWHC 1788 (Comm), Financial List proceedings concerning the payment of Note Trustee expenses in relation to a distressed securitisation.
  • Acted for the claimant in NRAM v. McAdam [2015] 2 All E.R. 340 (Burton J) and [2016] 3 All E.R. 665 (CA), test case proceedings to determine the effect of loan agreements entered into between NRAM and its borrowers which were not regulated by the Consumer Credit Act 1974 but were documented as if they were.
  • Acting for a number of the leading retail banks in relation to swap mis-selling claims.
  • Acting for a number of financial institutions in relation to claims arising out of alleged LIBOR manipulation.
  • Acted for GLG Partners in the claims brought by Richard Desmond in relation to two £50 million swap transactions entered into by him.
  • Acted for BNP Paribas in its claim against Anchorage Capital Group for US$60 million arising out of the sale of subordinated private placement notes: [2013] EWHC 3073 (Comm).
  • Acted for Barclays at first instance and on appeal in Ibrahim v. Barclays Bank, a case concerning the law relating to subrogation and the discharge of debts by a third party: [2012] 1 B.C.L.C. 33 (Vos J) and [2013] Ch. 400 (CA).
  • Acted for Coutts in the high profile claim brought by Sir Keith Mills in relation to his investment in an AIG Life Premier Bond.
  • Acted for the defendants in The Sisters of Charity of Jesus and Mary v. Morgan Stanley & Co. International, concerning claims brought by noteholders relating to the sale and redemption of structured notes totalling €35 million.
  • Acted for RBS in Royal Bank of Scotland v. Hicks, high profile proceedings with the former US owners arising out of the sale of Liverpool Football Club.
  • Acted for a leading Russian bank in high value Commercial Court proceedings arising out of the restructuring of an international bond issue.
  • Acted for HSBC in the OFT bank charges litigation (see below), including appearing for the bank in Rutherford v. HSBC [2009] N.P.C. 62 concerning a stay of County Court proceedings pending the Supreme Court judgment.
  • Acted for the respondents to a multi-million pound LCIA arbitration concerning the validity of the release of liabilities arising in respect of guaranteed secured notes relating to assets in the Russian Federation.
  • Advised a major high street bank in relation to claims arising out of the sale of payment protection insurance.
  • Acted for the claimant in Aspinall’s Club v. Al-Zayat, a high profile case raising issues concerning cheques, credit and the Gaming Act 1968: No. 1: [2007] Bus.L.R. D92 (David Steel J), The Times, 31 October 2007 (CA); No. 2: [2008] Bus.L.R. D134.
  • Acted for a major UK asset manager in connection with “credit crunch” claims arising from substantial investments in various structured products.
  • Acted for a leading investment bank in relation to claims arising out of an Italian securitisation.
  • Following on from acting for MAM in Unilever Pension Fund v. Mercury Asset Management, Patrick has been instructed in a number of other cases concerning allegations of negligent fund management against other investment houses. He has recently acted for a major investment bank in proceedings brought against it relating to the performance of one of its equity products.
  • Advised JP Morgan, ABN AMRO, Dresdner Kleinwort Wasserstein and Morgan Stanley, as joint global coordinators of the IPO of Rosneft, the Russian oil company.
  • Advised a leading investment fund management company in relation to a substantial dispute with one of its major clients.
  • Acted for Standard Bank Asia in a substantial customer claim in relation to withdrawals from a Hong Kong bank account.
  • Advised in relation to potential claims against a large investment bank in respect of various non-deliverable forward contracts entered into by a number of offshore funds.
  • Acted for Morgan Grenfell in its substantial claim against SACE, the Italian export credit agency.


Commercial Dispute Resolution

Patrick specialises in all aspects of commercial litigation, with particular emphasis on banking and financial services, insurance and reinsurance, professional negligence and civil fraud. He is recommended as a leading silk in commercial dispute resolution in Legal 500, Chambers & Partners (UK and Global Guides) and Who’s Who Legal.  He has been instructed in a number of the major commercial cases in recent times, such as:

  • Autonomy/Hewlett-Packard v. Lynch and Hussain: acting for the claimants in these substantial proceedings (for US$5 billion) involving claims for breach of fiduciary duty, breach of contract and misrepresentation in relation to the acquisition of Autonomy by the Hewlett-Packard group.
  • Pinchuk v. Bogolyubov and Kolomoisky: acted for Mr Igor Kolomoisky in a high-profile Commercial Court claim (valued at US$2 billion) between three Ukrainian businessmen concerning title to an iron ore plant.
  • Bank Mellat v. HM Treasury: acting for HM Treasury in this well-publicised damages claim (for almost US$4 billion) brought by an Iranian bank, Bank Mellat, resulting from the financial restrictions contained in the Financial Restrictions (Iran) Order 2009 being found unlawful by the Supreme Court: [2015] H.R.L.R. 6 (Collins J), [2016] 1 W.L.R. 1187 (CA) (closed material procedure); [2016] 1 All E.R. (Comm) 766 (Flaux J), [2017] Q.B. 67 (CA) (reflective loss).
  • OFT bank charges litigation: acted for HSBC in the high profile test case brought by the Office of Fair Trading in relation to current account overdraft fees: No. 1: [2008] 2 All E.R. (Comm) 625 (Andrew Smith J) and [2010] 1 A.C. 696 (CA and SC); No. 2: [2009] 1 All E.R. (Comm) 717.
  • Babcock & Brown litigation: acting for the Babcock & Brown Group in multi-faceted and multi-jurisdictional fund management litigation, including in relation to jurisdictional issues in the Commercial Court and proceedings in the Chancery Division concerning legal professional privilege ([2011] Ch. 296).
  • Ansol litigation: acting for Ansol and others in two substantial civil fraud claims in the Commercial Court: Intermet v. Ansol and Tajik Aluminium Plant v. Ermatov.
  • Cable & Wireless/Pender litigation: acting for the claimants in this large-scale multi-jurisdictional action concerning alleged cross-border civil fraud in an insurance/reinsurance context, including in the Court of Appeal ([2005] 2 Lloyd’s Rep. 597) as to whether a binding settlement agreement had been entered into.
  • Film finance insurance litigation: acting for MGM and United Artists in The Red Corner and Orion.
  • Unilever Pension Fund v. Mercury Asset Management: acting for MAM in this novel claim for alleged negligent fund management.
  • Unipart/Partco litigation: acting for the directors at first instance ([2002] 1 Lloyd’s Rep. 320) and in the Court of Appeal ([2002] 2 Lloyd’s Rep. 343) in connection with multi-million pound claims arising from a recommended takeover bid.
  • “Credit hire” litigation: acting for Centrus (a subsidiary of Avis) in the widespread litigation surrounding the car “credit hire” industry, including in the Court of Appeal in Burdis v. Livsey [2003] Q.B. 36 (intervening) and Ketley v. Gilbert [2001] 1 W.L.R. 986.
  • Appearing in Lafi Office and International Business v. Meriden Animal Health [2000] 2 Lloyd’s Rep. 51, concerning jurisdiction under the Brussels Convention.
  • Morgan Grenfell v. SACE: acting for Morgan Grenfell in its substantial claim against SACE, the Italian export credit agency.


Civil procedure and legal professional privilege 

Patrick has expertise in all aspects of civil procedure and is regularly retained to advise in relation to legal professional privilege. He is a co-author of The Law of Privilege (ed. Thanki) and a contributor to Bullen & Leake & Jacob’s Precedents of Pleadings.  Examples of his recent work in this area include:

  • Acted for Royal Bank of Scotland in its application to injunct Cooke, Young & Keidan from acting in the Property Alliance Group proceedings in order to protect its confidential/privileged information.
  • Acting for HMRC in R (Prudential) v. Special Commissioner of Income Tax [2013] 2 A.C. 185, an appeal to the Supreme Court concerning the question whether legal advice privilege should extend to legal advice given by accountants.
  • Acting for the claimants in BBGP Managing General Partner v. Babcock & Brown Global Partners [2011] Ch. 296, concerning the application of legal professional privilege, including the fraud exception, in the context of a major commercial dispute concerning a limited partnership.
  • Acted for the Lord Chancellor in (Public Law Project) v. Lord Chancellor [2015] 1 W.L.R. 251 (DC), [2016] A.C. 1531 (CA and SC), concerning the lawfulness of a residence requirement in relation to civil legal aid.


Civil Fraud

Patrick has considerable experience of acting and advising in connection with claims involving civil fraud, including breach of fiduciary duty, deceit, bribery, dishonest assistance, knowing receipt and equitable remedies. He has significant experience of obtaining freezing injunctions and other interim relief in the context of civil fraud claims. He is recommended as a leading silk in civil fraud in Chambers & Partners.  Recent examples of his work in this area include the following large-scale actions:

  • Autonomy/Hewlett-Packard v. Lynch and Hussain: acting for the claimants in these substantial proceedings (for US$5 billion) involving claims for breach of fiduciary duty, breach of contract and misrepresentation in relation to the acquisition of Autonomy by the Hewlett-Packard group.
  • National Bank Trust v. Yurov: heavily contested application to discharge a US$830 million freezing injunction for material non-disclosure.
  • Ansol litigation: acting for Ansol and others in two substantial civil fraud claims in the Commercial Court: Intermet v. Ansol and Tajik Aluminium Plant v. Ermatov.
  • Cable & Wireless/Pender litigation: acted for the claimants in this large-scale multi-jurisdictional action concerning alleged cross-border civil fraud in an insurance/reinsurance context.


Insurance & Reinsurance

Patrick has extensive experience of insurance and reinsurance matters. He has advised and represented many domestic and international clients in relation to a broad range of insurance/reinsurance disputes. He has been instructed in a number of the recent large insurance cases in the Commercial Court and is recommended as a leading silk in insurance in Chambers & Partners and Who’s Who Legal.  Recent examples of his practice in this area include:

  • Acting for the claimant in Aioi Nissay Dowa Insurance v. Heraldglen [2013] 2 All E.R. (Comm) 231, the first decision of the English courts concerning the question whether losses from the 9/11 attack on the Twin Towers of the World Trade Center were caused by accidents or occurrences arising out of one event or two.
  • Acted for HMRC in WHA v. Revenue and Customs Commissioners [2013] 2 All E.R. 907 (SC), which concerned the effectiveness of a scheme which was designed to minimise the overall liability to VAT of a group of companies involved in motor breakdown insurance.
  • Acting in a large Commercial Court reinsurance claim for over US$150 million in relation to guarantees issued to various Korean shipbuilders.
  • Acting for the defendant in Equitas v. R&Q Reinsurance [2010] 2 All E.R. (Comm) 855, Commercial Court proceedings concerning the recoverability of ‘tainted’ KAC/BA and Exxon Valdez losses.
  • Acting for the insured in a major LCIA arbitration involving U$3 billion worth of cover under a complex financial risk transfer programme.
  • Acting for the insured in a substantial Bermuda Form arbitration.
  • Acted for the claimants in the Cable & Wireless/Pender litigation, a large-scale multi-jurisdictional action concerning alleged cross-border civil fraud in an insurance/reinsurance context.
  • Acting for MGM and United Artists in the multi-party film finance insurance litigation (The Red Corner and Orion).
  • Acting for a leading provider of legal expenses insurance in respect of a claim brought against it by underwriters in the Commercial Court for allegedly having made undisclosed secret commissions.
  • Acting for Cinerenta in its substantial claims against brokers in connection with the placement of film finance insurance.


International Arbitration

  • Significant experience of domestic and international commercial arbitration under all the principal rules.
  • Acted in arbitral proceedings concerning a wide variety of contractual disputes, including in the context of insurance/reinsurance (including Bermuda Form), international and domestic sales of goods, shareholder disputes, distribution agreements, loan facilities, structured products and joint ventures.
  • Acted in Intermet v. Ansol [2007] Arb.L.R. 33, which concerned a novel application before the Commercial Court to injunct arbitral proceedings.


Professional Negligence

Acted for and against a wide range of disciplines, including accountants, fund managers, auditors, solicitors, brokers, surveyors, financial advisors and barristers.

Appointments, memberships and prizes

  • Recorder (2018)
  • Bencher of Inner Temple (2018)
  • Called to the BVI Bar
  • Junior Counsel to the Crown (A Panel) (2011-2014)
  • CEDR accredited mediator (2004)
  • Former solicitor (1995-1997: Freshfields)

Publications

  • Co-author of The Law of Privilege (ed. Thanki, 3rd edition, Oxford University Press)
  • Co-author of Law of Bank Payments (eds. Brindle & Cox, 5th edition, Sweet & Maxwell)
  • Contributor to Bullen & Leake & Jacob’s Precedents of Pleadings (19th edition, Sweet & Maxwell)
  • Editor of Commercial Court Procedure 2001 (Sweet & Maxwell)

Education

  • LL.B. Southampton University (First Class Honours)
  • B.C.L. Brasenose College, Oxford (First Class Honours)

BSB Barristers' Register