Fountain Court Chambers

London & Singapore

Samuel RitchieCall Date: 2012

Samuel has a wide range of experience in commercial matters generally and has worked in the full range of Chambers’ practice areas, including a large number of banking and finance disputes. He is regularly instructed in the High Court and County Court on commercial matters, both as sole advocate and junior counsel.

He has considerable experience in a range of heavy and complex disputes, as part of a team of solicitors and counsel. Notable recent examples include the litigation brought by the Libyan Investment Authority against Goldman Sachs and Société Générale (both featured in The Lawyer’s  Top 20 cases). His work is often international in nature giving rise to conflict of laws and jurisdiction issues.

He has a particular interest in civil fraud, and the various civil causes of action which can arise as a result of bribery and corruption.

Areas of Expertise

  • Banking & finance
  • Commercial dispute resolution
  • Financial services
  • Fraud: civil
  • Insurance and reinsurance
  • International arbitration
  • Professional discipline
  • Aviation

Recent Practice

Banking and Finance and Consumer Credit

  • Samuel’s practice encompasses a wide variety of banking and finance litigation. He has appeared for a number of UK banks in possession claims, and has defended them in a large variety of claims involving allegations of negligence, breach of contract and breach of statutory duty (including claims arising under the Consumer Credit Act 1974, the Financial Services and Markets Act 2000, and the FCA Handbook).
  • Sarbaz v Nedbank Private Wealth: Led by Jeffrey Chapman QC, Samuel is acting for the bank in an alleged breach of mandate case.
  • MacDonald Hotels v Bank of Scotland Plc: Samuel was instructed to assist a major UK hotel group in its claim against Bank of Scotland for breach of a long-standing joint venture relationship.
  • Libyan Investment Authority v Goldman Sachs International: Samuel was instructed as part of a team led by Roger Masefield QC, acting for a sovereign wealth fund, in a multi-billion dollar claim in the Chancery Division concerning alleged undue influence with regard to equity derivative transactions.
  • Samuel has recently acted on an intercreditor dispute, advising the junior creditors on their potential remedies against the senior creditors.
  • Samuel has acted on many cases concerning the mis-selling of interest rate hedging products, and several other mis-selling cases.
  • Samuel has advised a major international hedge fund on potential remedies against its master fund and directors.
  • In 2012 Samuel completed a three-month secondment to Group Litigation and Investigations at Barclays PLC, assisting in managing litigation on behalf of the Barclays Group and in reporting to both the Board of Directors and the market on the possible litigation risks facing the Bank. Work undertaken included a major project focused on Barclays’ regulatory capital requirements.
  • Assisted (during pupillage) in a major syndicated lending dispute.

 

Civil Fraud

  • The Libyan Investment Authority v Société Générale & Ors: Samuel was instructed as part of a team led by Mark Howard QC, acting for a sovereign wealth fund, in a multi-billion dollar claim in the Commercial Court involving allegations of bribery and corruption across several jurisdictions and seeking set aside a series of complex derivative transactions for fraud.
  • The Libyan Investment Authority v JP Morgan Markets & Ors: Samuel is instructed as part of a team led by Roger Masefield QC pursuing allegations of fraud against JP Morgan Markets predecessor, Bear Stearns.
  • SKAT (the Danish Tax and Customs Authority) v Solo Capital Partners & Ors: Samuel is acting for one of the Defendants in the litigation brought by the Danish tax and customs authority in respect of tax arbitrage trading.
  • Samuel has advised numerous banks in circumstances accounts held at the bank have bene part of a fraud of which the bank was unaware.
  • Samuel also has significant experience of tracing and asset recovery, and the restitutionary claims (both personal and proprietary) which arise. As a pupil, he assisted Simon Browne-Wilkinson QC in providing advice on enforcement of judgement against assets traced into various international trusts.

 

Professional Regulation

  •  Instructed by the Financial Reporting Council to advise and prepare proceedings in relation to professional misconduct arising out of the Accountancy Scheme and the ICAEW Code of Ethics.

 

Commercial Dispute Resolution

  • Samuel has recently acted for a major oil and gas company in an international arbitration concerning a dispute with other shareholders in a specialist Middle Eastern oil and gas joint venture.
  • Samuel has frequently advised on choice of law for international tortious claims. His workis generally of an international character and he regularly advises and appears on matters giving rise to conflicts of laws and jurisdiction issues.
  • Samuel acted for a major Baltic shipping company in a dispute with charterers.
  • Samuel has acted on a number of cases regarding the breach of contractual terms implied by the Sale of Goods Act 1979, dealing with matters as diverse as polymer coating, oak floorings, industrial boilers and high specification kitchen appliances.

 

Privilege

  • Appointed as Independent Counsel to assess privilege attaching to documents in an insolvency context.
  • Instructed by a major retail bank to assist with reviewing customer files for privileged documents.

 

Civil Procedure and Injunctive Work

  • Samuel has acted in the full range of interlocutory applications, including jurisdiction disputes. He is currently instructed in a heavy application disputing jurisdiction and seeking to have alternative service set aside.
  • Fundo Soberano de Angola v Jose Filomeno dos Santos: Samuel acted for the sovereign wealth fund of Angola in interlocutory proceedings relating to a multi-billion dollar freezing injunction.
  • Samuel was recently acted as junior counsel to assist in obtaining interim injunctions in aid of arbitral proceedings to restrain the payment of dividends in breach of a joint venture agreement.
  • Bank of Baroda v Imm International & Ors: acting with Simon Browne Wilkinson QC to appeal a grant of summary judgment in a banking guarantee matter.

 

Aviation

  • Samuel is currently instructed in arbitral proceedings concerning the manufacture and supply of aeroplane components.
  • Assisted Stephen Moriarty QC and Rosalind Phelps in relation to Alpstream AG v PK Airfinance and GE Capital Aviation Services, a substantial dispute arising from the collapse of the Blue Wings airline and the financing of 7 Airbus A380 aircraft.
  • Samuel has been instructed by various airlines to defend claims, including those arising under the Montreal Convention and under Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
  • Samuel has handled several cases concerning the cases on the meaning of the“extraordinary circumstances” defence under Article 5(3) of Regulation 261/2004.

 

Insurance

  • Samuel has advised the Financial Services Compensation Scheme on coverage issues.
  • Samuel has experience in advising on a number of insurance claims, including questions of contractual construction and avoidance.
  • Samuel has handled coverage issues arising from PPI mis-selling.

Other Experience

Legal Researcher, Addleshaw Goddard LLP: Prior to practice, Samuel spent a year as a Legal Researcher at Addleshaws, assisting the Litigation Department with the Berezovsky litigation.

Education

  • Bar Professional Training Course, BPP Law School (Outstanding)
  • Bachelor of Civil Law, Keble College, University of Oxford
  • Master of Arts (Jurisprudence), Keble College, University of Oxford (Double First Class)

Appointments, Memberships & Prizes

  • Past Chairman of the Junior Combar Committee. Samuel was the Chair of the committee which exists to represent the concerns and interests of junior practitioners at the Commercial Bar.
  • Inner Temple Advocacy Trainer. Samuel assists as a trainer on the Inner Temple advocacy programmes.
  • Prize for Outstanding Performance on the BPTC, the Honourable Society of the Inner Temple.
  • Peter Taylor Scholarship, the Honourable Society of the Inner Temple (awarded by the Inn to the barrister in that year considered most likely to succeed at the English Bar)
  • Harris Society Prize for the Highest Mark in Keble College, Oxford in Law Finals.
  • Academic Scholar of Keble College.
  • Winner of the Slaughter and May Harris Society Moot.
  • Harris Society Prize for the Highest Mark in Keble College in Law Moderations.
  • Slaughter and May Prize for Introduction to Law (Highest mark in the University).

BSB Barristers' Register