Call 1986 | Silk 1999
"He has frightening intelligence and is an obvious choice for the most challenging cases."
The Legal 500
Alex Taylor
Senior Clerk
+44 (0)20 7842 3706
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Luke Diebelius
Team Leader
+44 (0)20 7842 3711
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Matthew Evans
Team Leader's Assistant
+44 (0)20 7842 3707
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Stephen Moriarty KC has a very broad commercial litigation, arbitration and advisory practice.
He is equally at home undertaking large and complex commercial trials involving heavy amounts of cross-examination or arguing difficult points of law in the appellate courts. He also sits as an arbitrator.
Stephen likes to keep his commercial practice as wide as possible and, particularly given his academic background, especially enjoys cases which involve developing a new area of law from first principles, or by reference to case law in different areas of the law. Areas in which he has had particular expertise over the years are banking and finance disputes, insurance and reinsurance disputes, international arbitrations, professional negligence cases, joint venture disputes and commercial dispute resolution more generally.
The international nature of Stephen’s work means that he frequently deals with issues of private international law, as well as cases where foreign law issues are important aspects of the dispute. Over the years, he has dealt with cases involving questions of US law, Indian law, French law, German law, Italian law, Greek law, Iranian law, Egyptian law, Mexican law, Chinese law and Indonesian law. He has also given expert evidence of English law in a number of foreign proceedings.
After spending seven years teaching a wide range of subjects, both at undergraduate and graduate level, in the law faculty of the University of Oxford, Stephen commenced practise as a barrister in 1987. He was called to the Bar in 1986 and took silk in 1999.
AEGIS v European Re [2003] 1 WLR 1041
Acting in a leading case in the Privy Council on the duty of confidentiality in arbitrations, and the res judicata effect of an arbitration award.
Angove’s v Bailey [2016] 1 WLR 3179
Appearing in the Supreme Court for the successful appellant, raising what Lord Sumption described as “two important and controversial questions of commercial law”. The first concerned the circumstances in which English law will treat an agent’s authority as irrevocable. The second concerned the circumstances in which English will give rise to a constructive trust allowing priority in an insolvency.
UBS v Kommunale Wasserwerke Leipzig GMBH [2017] 2 CLC 584
Acting in a Court of Appeal case concerned with the enforceability of a series of single tranche collateralised debt obligations, raising a number of controversial questions of English law, including the circumstances in which the dishonest conduct of an individual can be attributed to his employer, and when a party can be made responsible for bribery committed by a third party.
Investment Trust Companies (In Liquidation) v Revenue & Customs Commissioners [2018] AC 275
Acting in a leading case in the Supreme Court on the law of unjust enrichment in which Stephen acted for the successful appellant. Amongst other things, the case concerned the circumstances in which a claimant has a cause of action in unjust enrichment against a third party who was not directly enriched by the claimant; and the circumstances in which a cause of action is ousted by a statutory provision.
Alpstream AG v PK Airfinance Sarl [2016] CLC 135
Acting in the leading aircraft finance case concerning the duty owed by a mortgagee realising its security.
Blue Sky One v Mahan [2010] EWHC 631 Comm
Acting in a case regarding the applicable law governing the validity of aircraft mortgages.
Stephen has had experience of a broad area of work, including domestic and investment banking; futures and derivatives trading; securitisations; tracing actions; and regulatory and other proceedings involving financial intermediaries.
Barclays Bank v Boulter [1999] 1 WLR 1919
Appearing as amicus curiae in the House of Lords (burden of proof when seeking to set aside a guarantee for undue influence).
Blue Sky One v Mahan [2010] EWHC 631 Comm
Acting in a case regarding the applicable law governing the validity of aircraft mortgages.
Alpstream AG v PK Airfinance Sarl [2016] CLC 135
Acting in a dispute regarding the duties owed by a secured lender in non-recourse financing.
The international nature of Stephen’s work means that he frequently deals with issues of private international law, as well as cases where foreign law issues (both common law and civil law) are an important aspect of the dispute.
Stephen has advised and acted for insurers, reinsurers and brokers in all manner of disputes, and dealt with almost all fields of marine and non-marine insurance and reinsurance, including comprehensive general liability insurance, credit insurance, aviation insurance, war risks insurance, D&O insurance, insurance on the Bermuda form, LMX reinsurance, and alternative risk transfer products.
Acting in a Bermuda Form arbitration for insurers in relation to claim by a major oil and gas company to be indemnified against substantial environmental liabilities in California.
Acting in a Bermuda Form arbitration for an insured in relation to environmental liabilities which it sought to be indemnified against.
Lord Napier & Ettrick [1993] AC 713
Acting in the leading House of Lords case on an insurer’s right of subrogation.
The Grecia Express [2002] 2 Lloyd's Rep. 88
Acting in a case regarding a claim relating to the alleged actions of terrorists in sinking a ferry.
The Athena [2007] 1 Lloyd's Rep 280
Acting in a case regarding a claim relating to Tamil Tigers blowing up a vessel in Sri Lankan waters.
The Silva [2011] 2 Lloyd's Rep. 141
Acting in a case regarding a claim relating to Egyptian Courts seizing a vessel in Port Suez on the basis of trumped up allegations.
Stephen has extensive experience of appearing as counsel in arbitration proceedings, both ad hoc and institutional (including ICC, LCIA, SIAC and AAA) in a whole range of different areas. Insurance and reinsurance disputes figure prominently in this aspect of his practice, but other areas include defence-related disputes, joint venture disputes, aviation disputes and disputes arising out of sale and purchase agreements.
He also regularly accepts arbitral appointments, and has sat as an arbitrator in as wide a variety of cases as those in which he has acted as counsel, including insurance and reinsurance disputes, joint venture and company-related disputes and claims in relation to the alleged mis-selling of derivatives.
Stephen has extensive experience of claims in a wide range of professional disciplines, including those against accountants, banks, solicitors, brokers and other financial intermediaries. He has acted for a number of well-known law firms in defence of proceedings brought against them for professional negligence.
Levicom International Holdings BV v Linklaters [2010] PNLR 29
Langsam v Beachcroft LLP [2012] EWCA 1451 (Civ)
Caparo v Dickman [1990] 2 AC 605
Acting in a landmark professional negligence case in the House of Lords on duties of care in tort, in which Stephen was instructed for the successful accountants. It was recently voted one of the fifteen most significant cases of the past 150 years.
We were pleased to host a double celebration at our annual party…
10 Fountain Court members and five door tenants have been recognised in…
Four Fountain Court members and seven door tenants have been recognised by Chambers…
Alex Taylor
Senior Clerk
+44 (0)20 7842 3706
Click here to email
Luke Diebelius
Team Leader
+44 (0)20 7842 3711
Click here to email
Matthew Evans
Team Leader's Assistant
+44 (0)20 7842 3707
Click here to email
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