George Spalton
Education
MA Oxon; LLM Columbia University (New York)
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Tel: 020 7822 2040
Email: g.spalton@4newsquare.com
Email Clerk: d.peck@4newsquare.com
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Year of Call: 2004
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Languages
Conversational French
Profile
George has a broad commercial practice which falls into three principal areas: commercial litigation and arbitration, financial services and professional liability claims (including disciplinary work).
George is rated in Chambers and Partners for International Arbitration and Professional Liability and in The Legal 500 for International Arbitration and Commercial Litigation. He is described as "one to watch", "clever and approachable", a "fast-rising junior" who picks up the "key legal issues very quickly" and a junior who is "well attuned to the client's commercial imperatives."
In addition, in 2012 George was named as one of ten ‘Stars of the Bar’ in a survey by Legal Week, having previously been named in the 2010 version as a ‘Highly Commended’ Junior.
George is currently Chairman of Junior COMBAR (the Junior Commercial Bar Association).
Commercial: George’s experience of commercial litigation and arbitration encompasses a wide variety of domestic and international disputes. His experience ranges from construction related disputes, to conflicts of law/jurisdictional issues, insurance and reinsurance, commodities and civil fraud.
Financial Services: George is also developing a particular expertise in financial services claims – whether acting for or against financial institutions, banks, individual financial services practitioners or regulatory bodies. George has experience of financial markets having worked as an intern analyst at a major bank in the City and from his LLM in New York which included courses on corporate finance and accounting.
Professional Liability: George’s professional liability work involves claims for and against accountants and auditors, financial services professionals, insurance brokers & agents, lawyers – both barristers and solicitors - and surveyors.
Other core areas of practice: George is also building up a busy practice in the fields of costs, sports and disciplinary related work. In the disciplinary context, he has appeared before tribunals for the following professional bodies: the Chartered Institute of Taxation, the Association of Taxation Technicians, the Accountancy and Actuarial Discipline Board (in its previous form as the AIDB) and he has also appeared before the Solicitors’ Disciplinary Tribunal.
More detail on George’s practice can be found by following the links to relevant “areas of practice”.
Further Information
Before commencing practice George read history at Oriel College, Oxford where he was a scholar and won the John Shannon prize for Modern History. After converting to law, George obtained a Masters in Law (LL.M) from Columbia University, New York where he was a Stone Scholar.
George is a member of the following associations: COMBAR; LCIA; TECBAR; ChBA; PNBA and ADRL.
International Arbitration
'The "clever and approachable" George Spalton is a "fast-rising junior" at 4 New Square... Sources applaud his ability to "pick up the key legal issues very quickly," and note that he is "well attuned to the client's commercial imperatives."'
- Chambers and Partners 2013
George has been involved in a number of domestic and international arbitrations in a variety of contexts. He particularly enjoys working abroad whenever the opportunity arises – whether in respect of arbitral proceedings themselves or to assist a client who is dealing with an ongoing claim.
A flavour of George’s work and experience is provided by the following:
- Acting for a multi-national commodities trader and agri-business in proceedings before the LCIA in a dispute arising out of a joint venture in Eastern Europe. Led by Roger Stewart QC.
- Advising and acting in an LCIA arbitration for an Israeli company against Russian and Finnish companies in respect of a dispute over oil and gas supply contracts.
- Advising an Indian Respondent to arbitration proceedings brought by an Australian mining company in an ICC arbitration.
- Advising on LCIA rules and whether a party appointed arbitrator should recuse himself as a result of potential conflicts of interest.
- Acting for a UK meat distributor in a domestic sale of goods dispute.
- Insurance coverage arbitrations and proceedings brought to determine contribution claims between professionals.
George is a member of the LCIA (and its young arbitration group, YIAG) and the AAA’s young arbitration group, ICDR and has also written on this subject and provides case law updates to various journals.
Commercial Dispute Resolution
A sizeable portion of George’s work is in the Commercial Court and he has experience of an extremely broad range of commercial disputes. George has recently been named as a ‘highly commended’ junior by Legal Week in their survey ‘Stars at the Bar’ and is a recommended junior in The Legal 500. He has recently appeared without a leader in a high-profile five week trial in the commercial court and also acted twice in the Court of Appeal without a leader.
As well as acting in trials and arbitrations (as to which please follow the link to ‘Arbitration’), George has also appeared in a number of pre-action and interlocutory hearings such as freezing and proprietary injunctions, pre-action disclosure applications, security for costs applications and jurisdictional disputes.
A flavour of George’s work and experience can be provided by the following:
- Stokors S.A. & Others v I G Markets Ltd; v Craigcrook Management Services Ltd [2013] EWHC 631 (Comm): Successfully defending the Third Party in respect of a claim pleaded at €100m following a five week trial in the Commercial Court before Mr Justice Field. The claim involved allegations against the main defendant of dishonest assistance and knowing receipt arising out of investments in Contracts For Differences (CFDs).
- Currently instructed in ongoing proceedings by the Central Bank of Trinidad and Tobago as junior to John Powell QC.
- Acting for the claimant in the Commercial Court on behalf of close-ended Guernsey based investment company arising out of the collapse of a large hedge fund in 2009.
- Devers v Electricity Direct (UK) Ltd (7/11/08); LTL 10/6/09 (successfully acting for ED (UK) Ltd in High Court trial in claim by former agent under (amongst other things) the Commercial Agents (Council Directive) Regulations 1993).
- Courtaulds (UK) Ltd v Birgi Dis Ticaret [2009] EWHC 1166 (Comm); LTL 2/6/09 (successfully acting for Claimant company in security for costs application against a Turkish company in context of an international sale of goods dispute).
- Acting for a metal trader against a former employee and various competitor companies in a claim worth up to £4.25m involving allegations of civil fraud which settled just before trial in the Chancery Division.
- Acting for a Spanish textile company against a UK furniture manufacturer in relation to allegedly defective goods. Worth £1m and settled just before trial.
- Acting for a German company in claim brought by British manufacturer involving complex jurisdiction issues.
- Advising a Belgian company about the construction of a commercial contract with a multinational hotel group.
- Acting for the Defendant in a claim arising out of towage and collision between a tug and an accommodation barge in the Admiralty Division.
- Acting for a well known budget airline in claim worth £1.8m relating to a dispute over call centres and, in particular, the contractual effect of letters of intent.
- Advising a major British retailer in relation to an outsourcing agreement and exclusivity clause.
- Acting in a number of disputes between franchisors and franchisees.
- Acting for and obtaining injunctive relief for employers preventing former employees from breaching confidence and restrictive covenants.
- Representing a private bank in relation to a EUR20m loan agreement made to a fraudulent borrower. Involved issues relating to set off, enforcement of undertakings, asset tracing and freezing injunctions.
- Representing a FOREX trader in a dispute over the mark up in trade agreements.
- George has also been instructed on a number of applications for relief under the Norwich Pharmacal v Customs and Excise Commissioners [1974] AC 133 and Bankers Trust v Shapira [1980] 1 WLR 1274 jurisdiction.
George is a member of the Commercial Bar Association and is Chairman of COMBAR’s Junior Committee.
Chancery
George appears in the Chancery Division on a regular basis – both in respect of professional liability claims and also pure chancery related matters such as disputes between mortgage lenders and borrowers, civil fraud and tracing claims, disputes involving insolvency or company law and tax related matters (such as film finance schemes).
Present/Recent Work:
- Instructed in ongoing proceedings by a Caribbean Central Bank as junior to John Powell QC.
- Instructed in ongoing proceedings, potentially worth in excess of £200m, arising out of the collapse of a large hedge fund in 2009.
- Advising on the avoidance of a number of transactions between a subsidiary and its holding company under Section 423 of the Insolvency Act 1986 (Transactions Defrauding Creditors)
- Advising on high value claims for secret profit/secret commissions and claims for bribery, involving a major insurance company
- George has also been instructed on a number of applications for relief under the Norwich Pharmacal v Customs and Excise Commissioners [1974] AC 133 and Bankers Trust v Shapira [1980] 1 WLR 1274 jurisdiction.
Reported cases include:
- Webb v (1) JMQC (2) Dakers Green Brett [2010] EWHC 93 (Ch); [2010] B.P.I.R. 503; (2010) NPC 12: successfully acting for defendant solicitors in a summary judgment application before Vos J concerning the solicitors’ involvement in underlying insolvency/banking dispute.
- Crowson v HSBC Insurance Brokers Ltd [2010] Lloyd's Rep. I.R. 441: acting for defendant insurance broker in a strike out application concerning the duty of care owed to directors of a limited company.
- Littlewood v Wilkinson Woodward [2009] P.N.L.R. 29; [2009] W.T.L.R. 1189: successfully defending firm of solicitors in a three day Chancery Division trial in a disappointed beneficiary claim.
- Stokors S.A. & Others v I G Markets Ltd; v Craigcrook Management Services Ltd [2013] EWHC 631 (Comm): Successfully defending the Third Party in respect of a claim pleaded at €100m following a five week trial before Mr Justice Field. The claim involved allegations against the main defendant of dishonest assistance and knowing receipt arising out of investments in Contracts For Differences (CFDs).
George is member of the Chancery Bar Association.
Construction & Engineering
George has acted in a variety of construction related matters at all levels – whether in the County Court, the TCC or in the context of international arbitration. For more details please refer to the Commercial Dispute Resolution and Arbitration tabs.
Examples of recent work:
- Acting for a multi-national commodities trader and agri-business in proceedings before the LCIA in a dispute arising out of a joint venture in Eastern Europe. Led by Roger Stewart QC.
- Defending a firm of architects in relation to a project sponsored by the Welsh Development Agency.
- Acting for Severn Trent Water in an ongoing claim in the TCC in Birmingham.
George is a member of the Technology and Construction Bar Association.
Costs
George has been involved in a number of cases involving the assessment of costs both in the County Court and the Supreme Court Costs Office. His experience includes assessment of solicitor and client costs under the Solicitors Act 1974, detailed assessments of inter-party costs and issues relating to CFAs.
George has also recently acted for the solicitors in Weddall v Barchester Healthcare Limited; Germany v Flatman [2011] EWHC 2945 (QB), a decision of Mr Justice Eady concerning non-party cost orders against a firm of solicitors under section 51 of the Senior Courts Act 1981.
He has additionally dealt with a number of cases raising costs related issues – particularly in the context of solicitors’ professional liability work and claims for fees.
George has also appeared before the First Tier Tax Tribunal on an appeal arising in respect of costs issues, on behalf of the taxpayer against HMRC (in British Sky Broadcasting Plc; Pace Plc v HMRC (2012) (First Tier Tax Tribunal) [LON/2008/7164] and [MAN/2007/7008]).
Disciplinary
George enjoys disciplinary and regulatory work and has acted on a regular basis as prosecutor and defendant before a number of different tribunals. For example, he has appeared before the Taxation and Disciplinary Board as Prosecutor for the Chartered Institute of Taxation and also the Association of Taxation Technicians and he has also appeared before the Solicitors’ Disciplinary Tribunal on behalf of defendant solicitors solicitors and also before the ICAEW on behalf of defendant accountants.
George has also acted in disciplinary proceedings brought by the Accountancy Investigation and Discipline Board (now the Accountancy and Actuarial Discipline Board) against PriceWaterhouseCoopers and a former director of Mayflower Plc led by Patrick Lawrence QC.
George is a member of the Association of Regulatory and Disciplinary Lawyers.
Financial Services Regulation
George is developing a particular expertise in financial services claims – whether acting for or against financial institutions, companies, individual financial services practitioners or regulatory bodies. His interest in and familiarity with financial markets stems from time spent working as an intern analyst at a major bank in the City and his LLM in New York which included courses on corporate finance and accounting (taught in conjunction with Columbia’s highly respected MBA course).
As a result he has been instructed both on his own account and in large scale financial services litigation as part of a team. For example he has acted as junior for a major international bank in respect of the bank’s alleged involvement in pensions mis-selling and prior to that, led by Patrick Lawrence QC, he acted for the Accountancy Investigation and Discipline Board (now the AADB) in proceedings against PriceWaterhouseCoopers and a former director of Mayflower Plc.
George is one of the four co-editors of Sweet & Maxwell’s ”Encyclopedia of Financial Services Law"
A flavour of George’s recent work and experience is provided by the following:
- Currently instructed in ongoing proceedings by a Caribbean Central Bank as junior to John Powell QC.
- Currently instructed in ongoing proceedings, potentially worth in excess of £200m, arising out of the collapse of a large hedge fund in 2009.
- Representing a private bank in relation to a EUR20m loan agreement with a fraudulent borrower. The claim involved issues relating to set off, enforcement of undertakings, asset tracing and an application for a freezing injunction.
- Representing a FOREX trader in a dispute over themark up in trade agreements. Work included an application for pre-action disclosure.
- Advising finance company in respect of a factoring agreement.
- Advising in relation to Bills of Exchange.
- Securing settlement of $13.5m for a shipping group operating out of Copenhagen in dispute about two Forward Freight Agreements with BVI company, the majority of whose assets were located in China.
- Advising in relation to a claim by a private investor against a bank for allegedly mismanaging funds.
- Acting for defendant IFAs.
- Stokors S.A. & Others v I G Markets Ltd; v Craigcrook Management Services Ltd [2013] EWHC 631 (Comm): Successfully defending the Third Party in respect of a claim pleaded at €100m following a five week trial before Mr Justice Field. The claim involved allegations against the main defendant of dishonest assistance and knowing receipt arising out of investments in Contracts For Differences (CFDs).
Insurance & Reinsurance
George has acted in a number of cases involving an insurance element, including advising on questions of policy construction and coverage; non-disclosure and avoidance issues.
In the context of professional indemnity insurance, George has experience of issues relating to the Minimum Terms and Conditions for solicitors and has acted for insurers in arbitrations seeking claims for reimbursement and in arbitrations seeking declarations that insurers are entitled to refuse indemnity on the grounds of dishonesty.
Professional Liability
George has a broad range of experience in the professional liability context, both in terms of claims involving different professions and in respect of the value and type of claims. George is recommended by Chambers and Partners 2013 and is noted as the "one to watch".
In particular, George has acted for and against accountants and auditors, financial services professionals, insurance brokers & agents, barrister, solicitors and surveyors. He also has good experience of disciplinary claims and tribunals.
George is an Editor of “Jackson & Powell on Professional Liability” and is one of the four co-editors of Sweet & Maxwell’s ”Encyclopedia of Financial Services Law”.
Reported decisions include:
- Webb v (1) JMQC (2) Dakers Green Brett [2010] EWHC 93 (Ch); (2010) NPC 12: successfully acting for defendant solicitors in summary judgment application before Vos J concerning their involvement in underlying insolvency/banking dispute.
- Crowson v HSBC Insurance Brokers Ltd [2010] Lloyd's Rep. I.R. 441: acting for defendant insurance broker in strike out application concerning duty of care owed to directors of a limited company.
- Littlewood v Wilkinson Woodward (A firm) [2009] P.N.L.R. 29; [2009] W.T.L.R. 1189; successfully defending firm of solicitors in High Court Chancery Division trial in a disappointed beneficiary claim
- Reader v Molesworths Bright Clegg [2007] EWCA Civ 169; [2007] 1 WLR 1082 (Led by Bernard Livesey QC in Court of Appeal, successfully defending a firm of solicitors in claim involving issues relating to the FAA 1976).
Further examples of George’s recent work in this context are as follows:
- Acting in ongoing proceedings against an insurance broker, concerning duties owed in respect of policy renewal.
- Representing surveyors in a £1m+ claim for contribution brought by solicitors involved in a substantial mortgage fraud; also bringing Part 20 proceedings against mortgage broker.
- Acting for and against defendant accountants and auditors. In this context, George has accrued particular experience of tax related claims – for example he recently defended a claim by a FTSE 100 company against one of the major UK accountancy firms in respect of advice about the Capital Allowances Act 2001 and he is currently acting in major film finance litigation again involving well known firms of solicitors and accountants.
- Defending a top ten firm of solicitors in a claim relating to advice about a high value private equity deal with issues relating to unfair prejudice under section 994 of the Companies Act 2006 and corporate insolvency.
- A variety of claims in the construction context – please refer to the construction and commercial dispute resolution pages of George’s entry.
- Acting for defendant barristers and solicitors in wasted costs hearings.
- Assisting one of the defendant cohorts in Winterthur Swiss Insurance Company v The Accident Group Plc (Commercial Court).
Sports Law
George’s sports practice focuses on the following areas (i) disciplinary and regulatory work and (ii) commercial work – whether general contractual advice or, more broadly, litigation or potential disputes between players/agents/clubs/professional bodies.
George is rated in the directories (Legal 500 and Chambers and Partners) for commercial litigation and international arbitration - an area of work which ties in well with international disputes in the sporting context.