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Can Yeginsu

Call: 2007

 

B.A. (Oxon), LL.B. (London), LL.M. (Harvard)

Can is a leading junior who combines a strong practice in international arbitration and commercial litigation (including civil fraud) with professional liability work and a busy commercial judicial review specialism, while also fostering a wider human rights and public international law practice, equivalent in depth and breadth to his commercial work.

Recommended as a leading junior in Chambers Global, UK Chambers and Partners and Legal 500 for commercial litigation, international arbitration, and administrative and public law, comments have included the following:  

  • He is fiercely clever but also a true team player; he knows arbitration inside out and is a very elegant and effective advocate
  • Very persuasive…really inspires confidence
  • “His serious legal brainpower is accompanied by a deft touch with clients”
  • Extraordinarily easy to deal with. He can turn work around instantly and do a brilliant job. He doesn’t put a foot wrong
  • Older and wiser than his call suggests… his drafting and advice are both top-drawer
  • He has an excellent mind with a real talent for picking out the key issues in any given case” 
  • Has a real edge over others the same age, in terms of sophistication and international mind-set
  • Works quickly to produce incisive, articulate and persuasive work
  • Our clients want him, listen to and trust him
  • He’s incredible. He’s very nice, easy-going, charming and easy to speak with. He’s very knowledgeable, but is also a very modern barrister. He’s really good with clients
  • “A popular choice with clients and solicitors”

Can has also been ranked as one of ten “Stars at the Bar” practising at the Commercial and Chancery Bar by Legal Week Magazine where he was identified as potentially one of “the Bar’s true polymaths…able to advocate in a wide variety of legal areas, with seemingly effortless fluency”.

Can appears frequently in the High Court, has acted in numerous cases in the Court of Appeal and Supreme Court, and acts in domestic and international arbitrations (under the LCIA, ICC, UNCITRAL, LMAA, ICSID rules), as well as in applications before the European Court of Human Rights, the ECOWAS Community Court of Justice, the Federal Court of Malaysia, the Turkish Constitutional Court, and the Supreme Court of The Gambia. Can is admitted to the Bar of the DIFC Courts.

Further detail regarding Can’s areas of practice and experience can be found below and by following the links on the left hand side of this page: (i) under Areas of Practice; and (ii)Cases’’.   

Commercial litigation and arbitration: Can is regularly instructed in relation to a wide range of commercial disputes, often in matters with an international or cross-border dimension. His court and arbitral experience spans general contractual disputes, conflicts of law or jurisdictional issues, sales of goods, energy and natural resources, construction, technology and IT contracts, distribution agreements, franchise contracts, insurance, shipping, financial services claims and civil fraud. Can’s court experience ranges from applications for urgent injunctive relief to 18 week trials in the Commercial Court; his arbitral experience is similar in its scope, but also includes acting in the role of first junior counsel to leading or senior counsel in international law firms.  

Professional Liability: Can’s professional liability practice encompasses claims for and against a range of professionals including mortgage brokers, valuers, surveyors, auditors, actuaries, construction professionals, lawyers – both barristers and solicitors – and insurance brokers in the county courts, QBD and Chancery Division of the High Court. Can has a particular expertise regarding claims to (and challenges to decisions of) the Financial Services Compensation Scheme (FSCS) and the Financial Ombudsman Service (FOS).

Public Law and Human Rights: Can’s practice covers all areas of public law, with a particular focus on judicial review in the commercial, coronial, party political funding, and regulatory contexts (including judicial review challenges to the FSCS, FOS, and Legal Ombudsman). In addition, Can has a broad expertise in human rights law and in particular matters concerning: (i) the right to freedom of thought, conscience and religion; (ii) the right to freedom of expression (in particular the legal protections for writers and journalists); and (iii) the right to peaceful enjoyment of possessions (especially in the context of commercial public law disputes).

Public International Law: Can’s public international law practice is evenly split between: (i) investment treaty and energy charter arbitration work; and (ii) international human rights law and has seen him act for foreign governments, multinational companies, banks, individual investors, and international organisations (including NGOs) before a range of domestic, regional and international tribunals.

Other areas of practice: Can is developing a practice in the fields of sports law (with a particular emphasis on Rule K FA arbitrations and issues arising out of agent representation contracts), costs law and construction-related disputes.

Recent Cases

  • Marathon Asset Management LLP v Seddon & others (Commercial Court). Instructed for the Third Defendant, a former member of the Global Equities team at Marathon Asset Management in this £100million+ Commercial Court claim listed as one of 20 leading cases of 2016 by The Lawyer. Led by Stuart Ritchie QC.
  • Acting, without a leader, for an investment company in a US $80 million international arbitration (LCIA rules) under the terms of a shareholders’ agreement in a dispute relating to the operation of an oil terminal connected to the CPC pipeline.
  • Acting as lead advocate for a leading Bank in a US $75 million property rights claim before the European Court of Human Rights, challenging a Council of Europe member state’s handling of enforcement proceedings regarding mortgages secured over a number of vessels. The application raises arguments under Article 6 and Article 1 of the First Protocol to the European Convention, as well as just satisfaction.  
  • R (Miranda) v (1) Secretary of State for the Home Department (2) Commissioner of Police for Metropolis acted in the judicial review ([2014] EWHC 255), now acting as lead advocate for English PEN, Article 19 and Media Legal Defence Initiative in the Court of Appeal proceedings relating to the detention of David Miranda, partner of American journalist Glenn Greenwald, under Schedule 7 of the Terrorism Act 2000. The case also concerns the seizure of highly classified documents provided to Mr Miranda by Edward Snowden.
  • Acting for members of a leading international conglomerate in a substantial dispute involving multiple commercial vehicles and spanning multiple jurisdictions, involving allegations of fraud and interests in excess of US $120 million.
  • Rhodes v OPO [2015] UKSC 32 led by Adrienne Page QC in the Supreme Court in an appeal relating to the proper scope of the tort in Wilkinson v Downton ([1897] QB 57) in the case of an injunction prohibiting the publication of a memoir by the concert pianist, author and television film maker, James Rhodes.
  • Breyer Group Plc & Others v Department of Energy and Climate Change acting for Claimants, led by Patrick Lawrence QC, in a £195 million claim under s. 8 of the Human Rights Act 1998 for violation of the Claimants’ rights under Article 1 of the First Protocol to the European Convention, following the government’s proposed retrospective changes to the feed-in-tariffs scheme for solar photovoltaic installations. Successful in the trial of preliminary issues at first instance ([2014] EWHC 2257) and in the Court of Appeal ([2015] EWCA Civ 408).

Further Information

Before coming to the Bar, Can worked at a management consultancy firm in London and a Permanent Mission to the United Nations in New York.

Can is co-author (with Sir James Dingemans) of the leading practitioner text The Protections for Religious Rights: Law and Practice (2013, Oxford University Press) and an editor of Jackson & Powell on Professional Liability (7th Edition).

Can lectures on aspects of commercial law, investment arbitration, as well as constitutional and human rights law and continues to write on legal issues for a wide range of publications including Dispute Resolution International, CDR, Judicial Review, The Harvard International Law Journal, The Times, and The New York Review of Books.

Can is currently Vice Chairman of the British Turkish Lawyers’ Association and Co-Editor-in-Chief of the Turkish Commercial Law Review. He is a member of the IBA, COMBAR, LCIA, ICC, PNBA, ASA, ALBA, and Lawyers for Liberty.

Education

Can graduated from University College, Oxford, with a Double First Class Degree in English Language and Literature. During his time at Oxford, he obtained a distinction in Moderations, a College Scholarship, a Master’s Scholarship and the Stephen Boyd Memorial Prize for the top college First in Finals. Can was then appointed to the Jane Eliza Procter Fellowship at Princeton University. Can began his legal studies at City University London where he obtained a First Class LL.B. degree before completing the Bar Vocational Course. Can subsequently graduated with an LL.M. from Harvard Law School where he was a Cravath International Scholar. Can is a member of the Inner Temple (Treasurer’s Prize, Major Scholar, and Princess Royal Scholar).

Languages

Turkish (fluent), French (working knowledge)

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