Fountain Court Chambers

London & Singapore

Samuel RabinowitzCall Date: 2016

Sam joined Chambers in October 2017 after the successful completion of his pupillage. He has a broad practice across Chambers’ core practice areas, in particular in commercial litigation, civil fraud, banking & finance and aviation.

From January to July 2018, Sam was a full-time Judicial Assistant at the Commercial Court. Sam assisted in this capacity on various trials and other interlocutory, case management and injunctive hearings, including as judicial assistant to:

  • Cockerill J during the trial of FM Capital Partners Ltd v Marino & Ors [2018] EWHC 1768 (Comm), a civil fraud claim brought by a company against its former director and his associate, involving allegations of conspiracy, dishonest assistance, knowing receipt, bribery and breach of fiduciary duties, and raising issues relating to the conflict of laws, Swiss law and adverse inferences;
  • Bryan J during the trial of Assetco Plc v Grant Thornton UK LLP [2019] EWHC 150 (Comm), a professional negligence claim relating to an auditor’s failure to detect management fraud and raising issues of legal causation and damages based on the loss of a chance;
  • Robin Knowles J during the trial of O3B Africa Ltd v Interactive E-Solutions JLT & Anor [2018] EWHC 2072 (Comm), a contractual dispute regarding the delivery of mobile telecommunications in Pakistan, and
  • Popplewell J during the hearings of Reliance Industries Ltd and BG Exploration & Production India Ltd v Union of India [2018] EWHC 822 (Comm), a series of challenges to an arbitration award under sections 67, 68 and 69 of the Arbitration Act 1996, and CCUK Finance Ltd & Anor v Barclays Bank Plc [2018] EWHC 304 (Comm), an application for summary judgment on particular heads of relief in a claim involving allegations of misselling of credit card accounts by a bank.

Sam is a contributor to The Practitioner’s Guide to Global Investigations (GIR, 4th edn., 2020): chapter on “Privilege: The UK Perspective”, with Tamara Oppenheimer and Rebecca Loveridge.

Areas of Expertise

  • Commercial dispute resolution
  • Banking & finance
  • Financial services
  • Fraud: civil
  • Aviation
  • Professional negligence
  • Private International Law

Recent Practice

  • ENRC v Dechert LLP and David Neil Gerrard [2020] EWHC 1002 (Comm): acted (with Anna Boase QC, Tamara Oppenheimer QC, Tim Akkouh and Alyssa Stansbury) for the Claimant in relation to issues of legal professional privilege arising upon the Defendants’ disclosure challenge, in proceedings in which the Claimant alleges negligence, breach of fiduciary duty and breach of contract against its former solicitors.
  • Terre Neuve & Ors v Yewdale & Ors: acting for the claimants (led by, variously, Alain Choo-Choy QC, Alex Barden and Simon Atrill), in civil fraud proceedings involving allegations under Swiss and French law of breach of contract, unjust enrichment, breach of fiduciary duties, money laundering, criminal misappropriation and various other breaches of civil and criminal provisions. Recent hearings in the Commercial Court related to jurisdiction, most recently various defendants’ jurisdiction challenges: [2020] EWHC 772 (Comm).
  • Acting for the claimants (led by Camilla Bingham QC) in civil fraud proceedings in the BVI Commercial Court involving allegations of conspiracy, dishonest assistance, knowing receipt, misrepresentation and breach of trust against multiple defendants.
  • J Jeffery (Builder) Limited v Santander UK plc: acted for the defendant bank (led by Tamara Oppenheimer) in the two-week trial of a £12m interest rate swap mis-selling claim. 
  • Municipality of Mariana & Ors v BHP Billiton plc (the Fundão Dam Litigation): acted as part of the counsel team for the claimants in a c. $5bn claim brought by over 200,000 individuals, businesses, municipalities and others in relation to the collapse of the Fundão dam in Brazil in November 2015.
  • Katara v Guez [2018] EWHC 3063 (Comm): acted for the claimant (led by Stuart Ritchie QC) in the two-week trial of a €65m claim to enforce a guarantee arising out of the sale of the business which held the Buddha Bar franchise.
  • Tchenguiz v Grant Thornton UK LLP & Ors: acted as part of the counsel team for Grant Thornton in relation to privilege issues in a large civil fraud and conspiracy claim.
  • Appeared (as sole counsel) in a CMC in the High Court (QBD), dealing with questions of a split-trial and expert evidence in a case involving unpaid legal fees and allegations of professional negligence.
  • Appeared (as sole counsel) in the Urgent Applications Court in the High Court to obtain a stay of a Court Order and an extension of time to file evidence.
  • Acted (as sole counsel) for a restaurant in setting aside default judgment in the County Court in relation to a claim regarding the recruitment of a chef.
  • Regularly appearing (as sole counsel) in the County Court on behalf of airlines defending claims brought against them under EU Regulation 261/2004, the Montreal Convention 1999 and other causes of action.

During his pupillage (as pupil to Simon Atrill, Tamara Oppenheimer and James Cutress), Sam assisted members of Chambers in a broad range of matters, including the following:

  • Defending claims concerning the alleged mis-selling of interest rate hedging products, including claims alleging LIBOR manipulation.
  • Acting for the claimants in a trial relating to claims in dishonest assistance, knowing receipt and conspiracy against multiple defendants arising out of a fraud.
  • Acting for a corporation subject to investigation by the SFO in a trial relating to privilege issues.
  • Advising a participant in the aviation industry as to the possible implications of Brexit on the applicable legal framework.
  • Defending a claim against a bank relating to the alleged breach of a loan facility.
  • Advising and acting for reinsurers in relation to policy coverage issues.
  • Acting for the claimant in relation to a professional negligence claim against a law firm.

Education

  • City Law School: BPTC (Outstanding)
  • Jesus College, Oxford University: Senior Status BA in Jurisprudence (First Class Honours)
  • Balliol College, Oxford University: BA in History (First Class Honours)

Appointments, Memberships and Awards

  • COMBAR: Member of the Junior COMBAR Executive Committee since 2019. The committee exists to represent the interests of junior practitioners at the Commercial Bar.
  • LCLCBA: Member of the London Common Law and Commercial Bar Association
  • Lincoln’s Inn: Cholmeley Studentship (Pupillage Scholarship) (2016), Buchanan Prize for performance in Bar Finals (2016), Lord Denning Scholarship (2015-16), Lord Haldane Scholarship (2014-15), Hardwicke Entrance Award (2014)
  • City Law School: Everard Ver Heyden Prize for performance in Bar Finals (2016), BPTC Scholarship (2015-16)
  • Jesus College, Oxford: College Prize for performance in Final examinations (2015), Open Scholarship (2013-14 and 2014-15), SR Welson Prize for performance in Law (2014)
  • Oxford University: Kirk-Greene Prize for the top thesis on Modern African History (thesis on the extent to which football challenged apartheid in 1970s South Africa) (2012)
  • Balliol College, Oxford: Reynolds Scholarship (2011-12), Reynolds Exhibition (2010-11)

Publications

  • Contributor to The Practitioner’s Guide to Global Investigations (GIR, 4th, 2020): chapter on “Privilege: The UK Perspective”, with Tamara Oppenheimer and Rebecca Loveridge.

Other experience

  • Judicial Assistant, Commercial Court: January-July 2018.
  • Voluntary work: at the Bethnal Green Legal Advice Centre and in the Death Penalty Team at Reprieve.

Languages

  • Basic French and Spanish.

BSB Barristers' Register