Roger Stewart QC
M.A. LLM (Cantab)
Tel: +44 20 7822 2038
Email Clerk: firstname.lastname@example.org
Year of Call: 1986
Year of Silk: 2001
A “top-rate silk” who “prides himself on sorting the wheat from the chaff and identifying the issues that are worth pursuing”, Roger has a mixed national and international commercial practice specialising in professional liability, construction, insurance and re-insurance. He is regularly appointed as an arbitrator in high-value and sensitive disputes.
Roger has been described in the Directories as “another great example of sheer brilliance…his wide practice covers general professional negligence claims as well as construction claims, all of which he handles with ‘natural ease and the greatest of style’”; “If something looks like it might turn into a fight he’s your man”; "Every word he says counts"; "a modern silk: he's straightforward, courteous and clever" whose "top reputation has led to him being instructed on some of the highest-profile cases that have been fought"; as being able to “articulate the most complex concepts with simplicity and brevity”; “great choice for heavyweight matters”; “a deeply impressive performer”; “a razor-sharp and formidable opponent”; “tenacious; “very commercial” and as being quite simply one of the best [cross-examiners] I have ever seen.”
Roger has particular expertise in relation to large disputes in the Middle East. He has acted in relation to disputes for and against Governments in the Region as well as in relation to substantial private sector projects. His experience extends to B.O.T. contracts in the energy sector as well as traditional contracts. He has particular experience of the operation of nominated sub-contracts and the problems in relation thereto.
He is with John Powell Q.C. one of the two general editors of Jackson & Powell on Professional Liability (Sweet & Maxwell, 7th Edition 2012) and has been an editor since the 3rd Edition (1992). He has twice been awarded the Chambers & Partners Professional Negligence Silk of the Year (in 2007 and 2010). He is a Recorder and appointed to sit in theTechnology and Construction Court.
Roger is an established and extremely experienced leader who has undertaken some of the highest profile disputes across a number of fields in recent years. He is the Senior Bench Auditor of the Inner Temple responsible for overseeing their finances and was for some years a director of the Bar Mututal Indemnity Fund. He is member of the PNBA, Combar, Tecbar, LCLCBA, the LCIA and the South-Eastern Circuit.
Roger holds provisional registration in Part II of the DIFC Courts' Register of Practitioners.
"His advocacy really is top-notch. He is able to convey complex legal issues simply and clearly. He also understands the client's key drivers." - Chambers & Partners (2015)
"A pleasure to work with – his subtle but highly-effective cross examination is exceptional." - The Legal 500 (2015)
Roger has particular expertise in relation to large disputes in the Middle East and Eastern Europe. He has acted in relation to disputes for and against Governments in both Regions as well as in relation to substantial private sector projects. His experience extends to Investment Treaty arbitrations and B.O.T. contracts in the energy sector as well as traditional contracts. He has particular experience of the operation of nominated sub-contracts and the problems in relation thereto.
Roger recently acted as Leading Counsel for the UK Government in its successful application to set aside a £180m award. The Judge has ordered that the Award be set aside in its entirety pursuant to section 68(2)(d) of the Arbitration Act and remitted to a new Tribunal. Permission has been granted for the case to proceed to the Court of Appeal.
Roger has extensive experience of high-value and high-profile predominantly international arbitrations. He is appointed regularly both as Counsel and as Arbitrator and is a member of the LCIA. He is used to working in a team with lay and professional clients. He is listed as a leading Silk in International Arbitration by Chambers & Partners and is described as a "class act" who has "total command of his brief" as counsel, and is also a respected arbitrator.
Examples of disputes in which he has recently been appointed as Arbitrator include:
- Acting as Chairman of a 3 man panel which delivered a final award in a dispute as to construction of indemnity agreements relating to the taxation of revenues from satellite TV stations
- Sitting as sole Arbitrator in relation to a substantial construction dispute concerning earthworks construction. Roger delivered 2 partial awards dealing with the seat of the arbitration and applicable procedural law together with the scope of his jurisdiction before the dispute settled;
- Sitting as sole arbitrator in relation to numerous professional indemnity coverage disputes;
- Sitting as part of a panel of three concerning the entitlement of a construction company to claim against its financial guarantee underwriters following a substantial Middle Eastern project.
Examples of cases where he has recently appeared as Counsel include:
- Acting in relation to a shareholders dispute concerning a large Eastern European grain-handling terminal;
- Acting as Counsel for the Czech Republic in the quantum phase of one of the Lauder disptues
- Acting for one of two partners in a dispute concerning Eastern European electricity supply contract;
- Acting for the joint venturers in a large claim for public works against a Middle Eastern government;
- Acting for a European government in relation to a large IT dispute;
- Acting for the owners in relation to a development dispute in Asia;
- Acting for the builders of a sewage tank being sued by a public authority;
- Acting for insurers in relation to a large number of disputes with insureds as to the entitlement of the latter to cover under their professional indemnity policies;
- Acting for legal professionals (either solicitors or counsel) in apportionment arbitrations arising out of the settlement of underlying litigation.
Commercial Dispute Resolution
The resolution of commercial disputes is at the heart of Roger’s practice. Almost all of his work in the fields of professional liability, international arbitration and insurance and reinsurance is commercial. If litigated in London the usual forum will be the Commercial Court. The nature and breadth of his practice can be seen by looking at his reported cases in the field:
- Hawksford Trustee v Stella Global  EWHC 503
- The Trigger Litigation  EWCA Civ 1096The case is currently under appeal to the Supreme Court
- City & General v Royal & Sun Alliance  EWCA Civ 911
- Cherney v Deripaska  EWHC 1530 and  EWHC 965. Lumbermans Mutual Caualty v Bovis Lend Lease Ltd  EWHC 2197 (Comm)
- Kidsons v Lloyds Underwriters  EWHC 1951
- Attorney General of Zambia v Meer Care & Desai  EWCH 179
- Maybans General Assurance v Alstom Power Plants  EWHC 1038
- Finecard Internationa v Urquhard Dyke & Lord  EWHC 2481
- Clare v Buckle Mellos  EWCA Civ 1611
- BNP Paribas v Deloitte & Touche  EWHC 2874 (Comm)
- Yarm Road v Hewden Tower Cranes [ EWHC 1487,  EWHC 2265
- Premier Profile v Tioxide Europe  BLR 467
- Spectra International v Tiscali  EWHC 2084
- Excelsior Commercial v Salisbury Hamer  EWCA Civ
- Bovis v Commercial Union  1 Lloyd’s Rep 416
- Hopewell Project Management v Ewbank Preece  1 Lloyd’s Rep 448
Construction & Engineering
A large part of Roger’s practice concerns construction and engineering disputes. He is listed as a leading silk by both Chambers & Partners (his "top reputation has led to him being instructed on some of the highest-profile cases that have been fought", a “top-rate silk” who is "a great choice for heavyweight matters," "he's very bright and very user-friendly” and “prides himself on sorting the wheat from the chaff and identifying the issues which are worth pursuing – he brings great order to matters that would otherwise be very complicated”; Interviewees were keen to highlight his skill in cross-examination, commenting “he is quite simply one of the best I have ever seen”) and Legal 500 (“rarely bettered in the Courtroom”).
Roger has experience of acting in large disputes in the energy sector including the turn-key construction of power stations and the construction and operation of oil and gas pipelines. He has been instructed in relation to a large variety of standard and non standard form contracts with differing dispute resolution provisions including ICC, LCIA and DCIA arbitration provisions. He has undertaken numerous disputes based upon differing forms of JCT and NEC contracts as well as variations of government contracts and sub-contracts. He is used to dealing with the varying allocation of risk under differing provisions as well as the influence of funding provision.
He acted for Multiplex in relation to their long running dispute with CBUK arising out of the construction of Wembley stadium as well as in other disputes with sub-contractors and the claim against the engineers (now settled). He is currently instructed in a large number of national and international disputes concerning a variety of projects in the UK and overseas. Many of these projects are the subject of arbitration agreements but the size and longevity of his experience in this area can be seen from his reported cases:
- Cleveland Bridge v CBUK  EWHC 2220,  EWCA Civ 139;  EWHC Civ 1372;  EWHC 145,  EWHC 659;  EWHC 1341
- Brookfield Construction v Foster & Partners  EWHC 307
- Haden Young v Laing O’Rourke Midlands Ltd  EWCH 1016
- Mirant Asia Pacific v Ove Arup  EWHC 918,  EWHC 1508
- McGlinn v Waltham Contractors Ltd  EWHC 1419
- Costain v Bechtel  EWHC 1018
- Earls Terrace v Nilsson Design Ltd  EWHC 136
- Yarm Road v Hewden Tower Cranes  EWCA Civ 1127;  EWHC 2265
- Tesco Stores v Costain Construction  EWHC 1487
- Jarvis v Castle Wharf Developments  EWCA Civ 19
- Tunnel Refineries v Bryan Donkin  CILL 1392
- Hopewell Project Management v Ewbank Preece  1 Lloyd’s Rep 448
- Copthorne Hotel v Arup  58 Con LR 138
Roger has acted on behalf of individual professionals involved in disciplinary proceedings. He also has extensive experience of the wasted costs jurisdiction in relation to lawyers and has acted on behalf of insurers in relation to directions from professional bodies concerning insurance coverage for disciplinary tribunals as well as the payment of costs pending determination of underlying disputes.
He acted in a high profile dispute concerning professional discipline which went to both the Divisional Court and the Court of Appeal – Baxendale-Walker v The Law Society  EWCA Civ 233,  EWHC 643 as well as for the Bar Council representatives in relation to alleged defaults in disciplinary proceedings – Diamond v Mansfield  EWHC 3290 .
Insurance & Reinsurance
Insurers or reinsurers or both are involved in some capacity in a large proportion of Roger’s work. Roger has extensive experience of coverage work and regularly conducts indemnity consultations on behalf of insurers in professional indemnity matters. He also advises both insurers and insureds in relation to insurance disputes outside the professional indemnity area and is appointed regularly to sit as an arbitrator in relation to such disputes. “Well known for his broad practice covering professional negligence, construction and insurance work. He is acknowledged by peers for being "very user-friendly," and for having "a very good instinct for what judges want” and for being “ridiculously efficient, quick and bright." Chambers & Partners (2015). "He gets complex points across in the simplest of ways" Legal 500 (2015).
His reported cases in the field include:
The Trigger Litigation  UKSC 14;
City & General v Royal & Sun Alliance  EWCA Civ 911;
Trigger Litigation  EWCA Civ 1096,  2 All ER 26;
Kidsons v Lloyds Underwriters  EWHC 1951;
Lumbermans Mutual Casualty v Bovis Lend Lease Ltd  EWHC 2197;
Mayban General Assurance v Alstom  EWHC 1038;
Bovis Construction v Commercial Union Assurance plc  1 Lloyds’ Rep 416;
Robert Irving & Burns v Rodney Stone  CLC 1593;
Hopewell Project Management v Ewbank Preece Ltd  1 Lloyd’s Rep 448.
Roger is listed as a leading silk by both Chambers & Partners ("True heavyweight barrister " Roger Stewart QC "is another great example of the sheer brilliance of silks at this set. His wide practice covers general professional negligence claims as well as construction claims, all of which he handles with “natural ease and the greatest of style”. Instructing Solicitors appreciate the clout that he carries, remarking “If something looks like it might turn into a fight, he’s your man”, peers attest to his status as an "inventive and destructive cross-examiner of both factual and expert witnesses and Legal 500 (“can articulate the most complex concepts with simplicity and brevity”, "he is absolutely charming and meticulous in his preparation"). Roger has twice been the Chambers & Partners Professional Negligence Silk of the year in 2007 and 2010.
Roger is one of the 2 general editors of Jackson & Powell on Professional Liability and has been an editor since the 3rd edition in 1992. He originally personally edited the chapter on construction professionals and for the last two editions has edited the chapter on surveyors. The extent and breadth of his practice is shown in the individual professions.
Accountants, Auditors & Actuaries
Roger has acted for and against accountants, auditors and actuaries throughout his professional career. He has extensive experience of the issues which arise in such claims and is particularly good at coming to grips with the financial details of a complex claim as well as the inevitable legal issues. He is currently acting in relation to a number of substantial disputes ranging from allegedly negligent advice in relation to fuel allowance giving rise to very substantial irrecoverable tax liabilities to alleged liabilities following alleged defects in share purchase agreements. He has great experience of expert determination clauses and the issues which arise in relation to them.
As examples of his work, Roger has recently acted in two successful appeals to the Court of Appeal concerning tax issues. The first is the high profile decision in Mehjoo v Harben Barker,  EWCA Civ 358, where the Defendant accountants were exonerated having been held liable at first instance (where Roger was not instructed). The second is the successful appeal in Capita v Drivers Jonas  EWCA Civ 1417 where the Court of Appeal determined that credit had to be given for the effects of tax incentives in an Enterprise Zone scheme.
He has acted in relation to the determination of liabilities between large firms of accountants and members of the Tax Bar; for accountancy firms in relation to allegations of negligence in relation to the sale of assets in Eastern Europe; for corporations seeking indemnity in relation to negligent auditing. He has been instructed by the Trustees of pension funds seeking recourse from auditors and directors as well as for directors seeking to avoid allegations of wrongful trading. He has also acted in very substantial share sales with actions over against the advisers who provided due diligence as well as in the determination of financial adjustments required as a result of cross-border sales.
Roger is amongst the first Counsel to be considered in relation to claims for and against construction professionals. He acted for Multiplex in its claims relating to Wembley Stadium; for Arup Associates in the successful defence of claims relating to the design of a Phillipines power station and is currently engaged in relation to a number of high-profile and high value disputes. A selection from his reported cases in the field show the depth of his experience
- Brookfield Construction v Foster & Partners  EWHC 307;
- Mirant Asia Pacific v Ove Arup  EWHC 918,  EWHC 1508;
- Earls Terrace Properties v Nillson Design ] EWHC 136
- Tesco Stores v Costain Construction  EWHC 1487
- J Jarvis v Castlewharf Developments  EWCA Civ 19
- Hopewell Project Management v Ewbank Preece  1 Lloyd’s Re 448
- Electricity Supply Nominees v Terence Farell & Ors  1 WLR 1149;
- Copthorne Hotel v Arup Associates  58 Con LR 138
Insurance Brokers & Agents
Throughout his career Roger has regularly acted for and against insurance brokers in relation to a wide range of underlying insurance. His familiarity with the insurance market and insurance disputes means that he he has experience of the placing of risk (both insurance and reinsurance) on both the London and overseas markets for very substantial amounts. He is presently or has recently acted in relation to claims where there have been disputes as to the identity and roles of the placing brokers; as to whether insurers were bound; as to disclosure on renewal; as to the availability of cover and as to the rating of the insurers. Many of the disputes are and have been for very substantial sums He has particular expertise in relation to the placing of professional indemnity insurance in relation to a number of different professions as well as Contractors’ all risk insurance, Employer’s Liability Insurance, Public Liability Insurance and Key Man Insurance within the financial services sector. By way of example only he has acted recently or is acting in relation to claims where the availability of non-standard cover for a large firm of solicitors is in dispute; in relation to the professional indemnity insurance of a larger contractor in relation to civil engineering works in Australia; in relation to the avoidance of cover for a very substantial fire. He has sat as sole arbitrator to determine a number of disputes as well as for a tri-party dispute between insured, insurers and brokers.
On a number of PFI projects, he has been asked to advise as to the nature and obligations of brokers in relation to the procurement of long-term insurance and has also advised as to the suitability of product liability insurance for a large international conglomerate. He has particular experience of claims where there are alternative allegations against insurers and brokers. 3 substantial disputes where Roger has acted for the Claimants have settled at the door of the Court in recent years.
Reported cases include:
Kidsons v Lloyds Underwriters  EWHC 1951;
Excelsior Commercial & Industrial Holdings Ltd v Salisbury Hammer Aspden & Johnson (a firm)  EWCA Civ 879 ;
Verdarame v Commercial Union  Lloyds Rep PN 557.
It is only necessary to list some of Roger’s reported cases to see the depth of experience that he has in this area. Outside such cases, Roger has acted in numerous arbitrations concerning primary liability, apportionment and insurance coverage. He regularly conducts indemnity consultations. A particular high-light was the successful defence of a firm of solicitors arising out of the purchase of Fulham Football Club. Roger has undertaken numerous cases concerning the wasted costs jurisdiction on behalf of both barristers and solicitors.
Reported cases include:
- BPE Solicitors & Anor v Gabriel  UKSC 39 (17 June 2015)
- Kagalovsky & Anor v Balmore Invest Ltd & Ors  EWHC 1337 (QB) (13 May 2015)
- Gabriel v Little EWCA Civ 1513 Representing Defendant solicitors on successful appeal on basis that the loss claimed fell outside the scope of the retainer and there was no Quistclose trust or dishonest assistance in a breach of trust
- Fulham Leisure Holdings v Nicholson Graham & Jones  EWCH Civ 84;  EWHC 2016;  EWHC 158
- Pritchard Joyce & Hinds v Batcup  EWHC 20;
- Baxendale-Walker v The Law Society  EWCA Civ 233;  EWHC 643;
- Kamar v Nightingale  EWHC 2982
- Attorney General of Zambia v Meer Care Desai  EWCH 1179
- McLoughlin v Jones  EWCA Civ 1167;
- FS v JS  EWHC 2793
- Talisman Property v Norton Rose  EWCA Civ 1104;
- Clare v Buckle Mellows  EWCA Civ 1611;
- Hatton v Chafes  EWCA Civ 341;
- Persaud v Persaud  EWCA Civ 394;
- Excelsior v Salisbury Hamer  EWCA Civ
- Brown v Bennett  1 WLR 713;
- HF Pension Trustees v Ellison  PNLR 894;
- Williams v Attridge LTL 9/7/97;
- Gray v Richards Butler LTL 24/6/97;
- Sampson v John Boddy Timber LTL 17/5/95
Roger has acted in two of the very rare reported cases against patent attornies – which demonstrates the considerable extent of his experience in this relatively small area. He is presently acting in relation to two substantial disputes in the field. His technical expertise makes him ideal for understanding the necessary concepts and complications in the field.
The reported cases in which he as acted are
- Finecard International v Urquhart & Lord  EWHC 2481
- Arbiter v Gill Jennings & Every  PNLR 680
Surveyors & Valuers
Roger has edited the relevant chapter in Jackson & Powell on Professional Liability for the last 3 editions. As would be expected he has enormous experience in this field. He appeared in the House of Lords in one of the leading cases, Swingcastle v Gibson and has appeared extremely regularly in the courts ever since. He appeared at first instance in BBL v Eagle Star before the case was discontinued against his clients after many days.
His reported cases include:
- Cheshire Building Society v Dunlop Heywards  EWHC 51
- Preferred Mortgage v Bradford & Bingley  EWCA
- Etam v Baker Arnold  EGCS 21
- Royal & Sun Alliance Trust Co Ltd v Healey & Baker LTL 19/10/2000
- Ball v Banner & Healey & Baker LTL 19/10/2000
- Miskin v St John Vaughan LTL 1/3/99
- Cavendish Funding v Henry Spencer & Sons Ltd  PNLR 122
- Swingcastle v Gibson  2 AC 223
Financial Services Professionals
Roger has acted on numerous occasions for and against financial advisers who have been sued in relation to pension advice, endowment contracts, draw-down mortgages and zero income bonds. He has particular expertise in consideration of claims against the issuers of prospectuses for products involving tax incentives such as property enterprise zone unit trusts and film finance schemes. He has also acted for an against the professional advisers who have acted in relation to such schemes both in relation to their promotion and their implementation.
Roger has acted in one of the largest IT disputes in the United Kingdom with the total contract value was just under £1bn. The Award in relation to the dispute is presently awaited.
Public International Law
4 New Square Chambers is a fast growing presence at the public international law Bar. Members of Chambers regularly act on behalf of, and against, national governments in the UK and abroad in contentious and advisory proceedings, and advise governments, corporate bodies, non-governmental organizations, and individuals on a range of matters including:
- the protection of foreign investment under bilateral investment treaties as well as regional protections such as NAFTA and the Energy Charter
- the interpretation and application of international law in domestic courts and international courts and tribunals
- state and diplomatic immunity
- international environmental law
- the use of force and armed conflict
- the international protections for human rights through international treaties such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights.
Current and recent instructions in the field of public international law include disputes before the International Court of Justice, the ICSID and ICC tribunals, the European Court of Human Rights, the Court of Justice of the Economic Community of West African States, and the domestic courts of the United Kingdom, the Gambia and the Republic of Turkey. Given Chambers’ long-standing strength in international arbitration work, members of chambers are particularly well placed to advise and to represent parties in investor-State disputes.
Highlights of recent public international work by Members of Chambers include:
- appearing as counsel for the Republic of Costa Rica before the International Court of Justice in the case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)
- acting for the investors in a substantial investment arbitration against the Maldives Government
- acting on behalf of the UK government in the challenge by an Iranian Bank to the validity of sanctions imposed in line with international treaty obligations
- acting for and advising an investor in ICSID proceedings against a Central Asian state
- appearing as counsel for the Republic of Costa Rica before the International Court of Justice in the case concerning Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Cost Rica)
- acting for a leading European Bank in a $75 million property rights claim pending before the European Court of Human Rights
- acting on behalf of leading NGOs against the Gambia under the human rights provisions of the Economic Community of West African States treaty
- appearing as counsel for a European state in the CME/Lauder bilateral investment treaty claims
- acting on behalf of leading NGOs in the challenge, on the grounds of compliance with customary international law and international treaty law, to the detention of David Miranda when carrying material from the Edward Snowden leaks
- advising the Republic of Serbia in the advisory proceedings before the International Court of Justice concerning Accordance with international law of the unilateral declaration of independence in respect of Kosovo.