Can Yeginsu is a leading junior practising in commercial litigation and arbitration, civil fraud, professional liability, public law and human rights, and both private and public international law. He is consistently ranked by Chambers Global, Chambers UK Bar, and Legal 500 as an outstanding junior for his work in commercial litigation, international arbitration, and administrative & public law.

In 2013, Can was recognised as one of ten “Stars” practising at the Commercial Bar by Legal Week Magazine where he was identified as possibly one of “the Bar’s true polymaths…able to advocate in a wide variety of legal areas, with seemingly effortless fluency”.

Frequently appearing in the Commercial Court, Administrative Court, and the Chancery Division of the High Court, Can has also acted in over 15 cases in the Court of Appeal, UK Supreme Court and the European Court of Human Rights. He has experience acting as co-counsel in proceedings before 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.

In his arbitral practice, Can is regularly instructed to act in commercial disputes under the LCIA, ICC, LMAA, and CIArb Rules, as well as in ad-hoc arbitrations under the UNCITRAL Rules. A rapidly-developing area of his practice is investment treaty arbitration, where Can acts for investors in claims against states brought pursuant to the ICSID Rules and the Additional Facility Rules.

Since 2016, Can has held the post of Visiting Professor of Investment Law and Arbitration at Koç University Law School in Istanbul, Turkey. He is also a guest lecturer on investment and commercial arbitration at Harvard Law School and Columbia University (where he is a Global Freedom of Expression Expert). Can is the co-author of a leading human rights practitioners’ text, published by Oxford University Press.

Areas of Expertise

Commercial Litigation
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A first-class international advocate…in a class of his ownChambers Global, Dispute Resolution, 2017

His serious legal brainpower is accompanied by a deft touch with clientsLegal 500, Commercial Litigation, 2017

Our clients want him, listen to and trust himLegal Week, Stars of the Bar, 2013

Can has a thriving practice across a broad range of commercial litigation, including significant trial experience in the Commercial Court and in the Chancery Division.

The strength of Can’s commercial practice set him apart in 2013 as one of Legal Week’s ten “Stars of the Bar”. Interviewees commented “he has an excellent mind with a real talent for picking out the key issues” “very persuasive…inspiring confidence” and that he “regularly acts on million-pound litigation cases as sole counsel“.

A considerable amount of Can’s work includes an international or cross-border dimension and he has particular expertise in conflict of laws issues. His experience ranges across:

  • Applications for pre-action disclosure and urgent injunctive relief (including freezing and proprietary injunctions).
  • Bringing and resisting applications for security for costs.
  • Enforcement proceedings (including the enforcement of arbitral awards).
  • Claims giving rise to issues of choice of law and/or jurisdictional disputes.
  • Civil fraud, with particular experience in conspiracy and economic tort claims, and frauds arising in the investment contexts, shareholder disputes, and agency contracts, as well as advanced fee frauds.
  • Technology and IT disputes.
  • Disputes between franchisors and franchisees.
  • Wrotham Park, or Licence Fee Damages.
  • Bringing substantial claims for damages under s. 8 of the Human Rights Act 1998, alternatively commercial just satisfaction claims in the European Court of Human Rights, for violation of property rights under Article 1 of the First Protocol to the European Convention.
  • The Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
  • Matters concerning the enforcement of loans and guarantees.

Can is a member of the Commercial Bar Association (COMBAR) and the IBA Litigation Committee. He is Co-Editor-in-Chief of Turkey’s leading English language commercial law journal, Turkish Commercial Law Review.

Cases

Marathon Asset Management LLP v Seddon & Ors (Commercial Court)

Click to read description

[2017] EWHC 300 (Comm)
[2017] EWHC 300 (Comm)
Marathon Asset Management LLP v Seddon & Ors (Commercial Court)

5 week Commercial Court trial between asset management professionals, listed by The Lawyer as one of the Top 20 cases of 2016. Can Yeginsu was led by Stuart Ritchie Q.C. of Fountain Court. Important judgment concerning so-called “Wrotham Park damages”. Leggatt J awarded only nominal damages.

Brown v InnovatorOne and Ors

Junior Counsel (led by John Powell QC and Graham Chapman QC) in a 18 week trial in the Commercial Court in a c.£50m ...

Brown v InnovatorOne and Ors

Junior Counsel (led by John Powell QC and Graham Chapman QC) in a 18 week trial in the Commercial Court in a c.£50m complex claim involving multiple tax avoidance schemes and allegations of fraud against individuals and professional advisors. Issues arising included breach of trust, dishonest assistance, conspiracy, insurance and coverage points, and causes of action under the Financial Services and Markets Act 2000. One of The Lawyer’s Top 20 cases of 2012, 2011, 2010.

Ludsin Overseas Ltd v Eco 3 Capital Ltd and Ors

Junior Counsel (led by Jamie Smith QC) acting for Part 20 Defendants in a claim in the Chancery Division of the High ...

[2012] EWHC 1980 (Ch)
[2012] EWHC 1980 (Ch)
Ludsin Overseas Ltd v Eco 3 Capital Ltd and Ors

Junior Counsel (led by Jamie Smith QC) acting for Part 20 Defendants in a claim in the Chancery Division of the High Court featuring complex arguments on agency and fraudulent misrepresentation in the investment context. The Part 20 claims were settled on the morning of the start of the trial. The terms of the settlement were not disclosed but the Court was informed that they did not involve the payment of any money by the Part 20 Defendants to the Defendants in the main action.

International Arbitration
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He is fiercely clever but also a true team player; he knows arbitration inside out and is a very elegant and effective advocateChambers & Partners, International Arbitration, 2017

Can regularly appears as counsel in international commercial and investment arbitrations, both in London and abroad, and under a wide variety of laws and institutional rules, including LCIA, ICC, UNCITRAL, ICSID, LMAA, and GAFTA.

Can’s work in international arbitration was recognised by Legal Week Magazine which named him as one of ten “Stars at the Bar” working at the Commercial Bar in London.

Recent instructions (each of which is confidential) include:

  • Acting for an investment company in a US $80 million LCIA arbitration under the terms of a shareholders’ agreement in a dispute relating to the operation of an oil terminal connected to the CPC pipeline.
  • Acting for and advising an investor in ICSID proceedings against a Eurasian State (with Roger Stewart QC).
  • Acting as counsel in an ICC arbitration relating to the alleged breach of a US $80 million project finance agreement for a cement plant in Asia.
  • Acting and advising in a substantial LCIA arbitration relating to contracts for the purchase of aircraft jet engines.
  • Advising in relation to a dispute to be referred to an LCIA arbitration for damages of some £40 million, in connection with foreign construction projects in Central Asia.
  • Advising on enforcement issues relating to a US $60 million ICC Award against a State.
  • Acting for shareholders of a confectionary company in LCIA proceedings concerning breaches of a share purchase agreement.
  • Advising and acting in an LCIA arbitration relating to the provision of online marketing services.
  • Advising in relation to an LMAA arbitration in a dispute regarding contracts to build super yachts.
  • Acting with Roger Stewart QC in a major insurance coverage arbitration concerning cross-border property transactions.
  • Acting and advising in various insurance coverage arbitrations.

Can is also developing a reputation as an arbitrator and accepts arbitral appointments for hearings with their seat in London, as well as appointments for hearings in foreign jurisdictions.

Can is a member of the LCIA, ICC and the Swiss Arbitration Association. He is a founder member of the Istanbul Arbitration Association.

Professional Liability
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Can has a strong professional liability practice which encompasses claims for and against a range of professionals including: valuers, mortgage brokers, surveyors, accountants, actuaries, construction professionals, lawyers – both barristers and solicitors – and insurance brokers in the county courts as well as in the Queen’s Bench and Chancery Divisions of the High Court.

Can has a particular expertise in claims arising out of the mis-selling of mortgages, having appeared successfully as counsel in the Administrative Court and Court of Appeal in Emptage v the Financial Services Compensation Scheme [2013] EWCA Civ 729. Can has a very busy practice in this area advising in claims for compensation to the Financial Ombudsman Service and Financial Services Compensation Scheme and he appears in related applications for judicial review.

Examples of Can’s recent professional liability work include:

  • Acting for and advising a multinational professional services firm (with Graham Chapman QC) in proceedings before the Federal Court of Malaysia (the country’s highest court) in a landmark appeal concerned with the duty of care owed by auditors to third parties.
  • Instructed with Ben Hubble QC for a group of actuary defendants in a professional liability claim, listed for a 10 day trial in the Chancery Division, arising out of the requirement to implement equalisation between men and women in an occupational pension scheme.
  • Advising investors following the collapse of a substantial offshore investment fund.
  • Instructed for a number of IFAs in the £75 million claim brought in the Commercial Court by the Financial Services Compensation Scheme.
  • Instructed as lead counsel for the claimant in a professional negligence claim relating to the conveyance of a £40m property.
  • Instructed as lead counsel for the claimants against a leading accountancy firm in a claim relating to failed film schemes.
  • Instructed as sole counsel for an accountancy firm in a claim arising out of tax advice.
  • Instructed as sole counsel on behalf of a firm of chartered surveyors in a professional negligence claim due to be heard in a 5 day trial in the Chancery Division.
  • Acted as junior counsel in Brown & Ors v InnovatorOne Plc and Ors [2012] EWHC 1321 in an 18 week trial of a c. £50m claim involving complex tax avoidance schemes and allegations of fraud against individuals and professional advisers, led by John Powell QC and Graham Chapman QC. Can was also instructed in the proceedings before the Court of Appeal which were subsequently compromised between the parties.
  • Instructed (with Jamie Smith QC) to represent Part 20 solicitor Defendants in a 10 day trial in the Chancery Division.
  • Instructed as sole counsel for an accountancy firm in a claim arising out of tax advice.
  • Acting for leading counsel in a lost litigation claim.

Can edits, with Jonathan Hough QC, the chapter on Litigation (encompassing group actions and expert evidence) in Jackson & Powell on Professional Liability (Sweet & Maxwell, 7th Edition, 2012). Can is a member of the Professional Negligence Bar Association (PNBA).

Cases

Brown & Ors v Innovatorone Plc & Ors

Acted as junior counsel in an 18 week trial of a c. £50m claim involving complex tax avoidance schemes and allegati...

[2012] EWHC 1321 (Comm)
[2012] EWHC 1321 (Comm)
Brown & Ors v Innovatorone Plc & Ors

Acted as junior counsel in an 18 week trial of a c. £50m claim involving complex tax avoidance schemes and allegations of fraud against individuals and professional advisers, led by John Powell QC and Graham Chapman QC. Can was also instructed in the proceedings before the Court of Appeal which were subsequently compromised between the parties.

Public Law & Human Rights
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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.Chambers and Partners, 2015

Works quickly to produce incisive, articulate and persuasive workLegal 500, 2015

Extraordinarily easy to deal with. He can turn work around instantly and do a brilliant job. He doesn’t put a foot wrongChambers and Partners, 2014

Practice Overview

Can is a popular and well-respected junior at the public law and human rights law Bar, with a broad-ranging practice, encompassing:

  • judicial review (instructed by both applicants and defendants) in the commercial, party political funding and regulatory contexts;
  • public law challenges to the decisions of coroners;
  • claims under the Human Rights Act 1998;
  • applications before the European Court of Human Rights and the ECOWAS Community Court of Justice; and
  • constitutional petitions in European, African and common law jurisdictions.

Can holds a particular expertise in human rights challenges involving: (i) the right to freedom of expression (Can is a preferred choice of counsel for a number of international free speech organisations); (ii) the right to freedom of thought, conscience and religion (Can was counsel in Rotsztein – see below – and is an author of the leading practitioner text The Protections for Religious Rights: Law and Practice); and (iii) the right to peaceful enjoyment of possessions under Article 1 of the First Protocol to the European Convention on Human Rights (Can was counsel in Breyer & Ors v DECC, see below).

Can has a particularly strong reputation for representing coroners in judicial review challenges (and has acted as sole counsel in a number of important reported decisions), as well as acting in judicial review applications against the Legal Ombudsman, Financial Ombudsman Service and Financial Services Compensation Scheme (Can was counsel in the leading Court of Appeal decision of Emptage v FSCS – see below).

Recent/Ongoing Cases

Ongoing or recent public law and human rights cases include:

  • R (on the application of Rotsztein) v HM Senior Coroner for Inner North London [2015] EWHC 2764 (Admin) instructed in judicial review proceedings relating to the approach to be taken by coroners when ordering invasive post mortem examinations in circumstances where the family of the deceased has raised religious objections under Article 9 of the European Convention. The case was identified by the court as one of public importance and is now the leading authority in this area.
  • 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 appeal of an injunction prohibiting the publication of a memoir by the concert pianist, author and television film maker, James Rhodes. Submissions were focussed on the right to freedom of expression under Article 10 of the European Convention.
  • R (on the application of Miranda) v (1) Secretary of State for the Home Department (2) Commissioner of Police for Metropolis instructed as lead counsel by Article 19, English PEN and Media Legal Defence Initiative in judicial review proceedings relating to the detention of David Miranda under Schedule 7 to the Terrorism Act 2000. Mr Miranda is the partner of Glenn Greenwald, an American journalist who has written a number of stories in The New York Times and The Guardian relating to mass surveillance programmes by the agencies of the US and UK governments, with significant parts of the underlying information being provided by Edward Snowden. The judicial review ([2014] EWHC 255) raised important matters of principle regarding the purpose, scope and extent of the coercive powers under Schedule 7 and the protection of journalists’ sources and confidential journalistic material. Can has been retained for the Court of Appeal proceedings.
  • Breyer Group Plc & Others v Department of Energy and Climate Change acting for Claimants, led by Patrick Lawrence QC, in a £195 million claim for damages 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).
  •  Big Brother Watch and Ors v the United Kingdom (Application No 58170/13) instructed (led by Hugh Southey QC) by the Center for Democracy & Technology and PEN American Center in an application before the European Court of Human Rights challenging the scope of the secret interception and use of communications by the UK under the Regulation of Investigatory Powers Act 2000.
  • In the matter of HSH Nordbank acting for a European Bank on a US $75 million property rights claim before the European Court of Human Rights challenging a state’s handling of enforcement proceedings relating to ship mortgages. The application raises arguments under Article 6 of the Convention and Article 1 of the First Protocol, and is the first case before the Strasbourg Court specifically concerned with the Convention compliance of the international ship financing and enforcement regime.
  • Gambian Press Union, Jammeh & Ceesay v The Gambia acting as lead co-counsel on behalf of leading journalists in The Gambia in a challenge before the Supreme Court of The Gambia to the constitutionality of certain sedition and criminal defamation laws on the basis that they violate fundamental human rights under the Gambian Constitution, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights. Related proceedings are being brought at the regional level in the Court of Justice of the Economic Community of West African States for which Can is also instructed.
  • Emptage v Financial Services Compensation Scheme Ltd [2012] EWHC 2708 acted (led by Mark Cannon QC) for the successful applicant in a landmark judicial review of the FSCS’s decision to award compensation pursuant to the compensation scheme established under part XV of the Financial Services and Markets Act 2000, and administered by FSCS. The case raised important issues of principle about the proper application of the Scheme to cases where an applicant has borrowed money pursuant to a regulated mortgage contract. Can also appeared successfully resisting the FSCS’s appeal in the Court of Appeal [2013] EWCA Civ 729.
  • Sik and Sener v Turkey (Application Nos 38270/11 & 53413/11) instructed as sole counsel by PEN International to intervene in two successful applications before the European Court of Human Rights relating to press freedom. The two cases received widespread coverage in the international media. For an article on the cases in Time Magazine, click here; for coverage in The New Yorker, click here.
  • R (Aly) v HM Coroner for Bridgend and Glamorgan Valleys acted as sole counsel successfully defending the Coroner in resisting a judicial review application challenging his decision to direct a post-mortem examination. The Claimant had sought to argue that the decision constituted, in the circumstances of the case, a disproportionate interference with her right to manifest her religious beliefs under Article 9 and her right to respect for her private and family life under Article 8. The case generated a high degree of media interest. For a link to the coverage of the case in the Daily Telegraph, please click here.
  • UKIP v The Electoral Commission [2010] UKSC 40 appeared (led by Patrick Lawrence QC) before a seven-strong UK Supreme Court, acting for UKIP in its successful appeal in respect of the proper interpretation of the domestic law on the funding of political parties in the United Kingdom and its compatibility with the European Convention. This case remains the leading authority on the law of political donations.
  • R (Mack) v HM Coroner for Birmingham and Solihull acted as sole counsel successfully defending the Coroner in judicial review proceedings in which the Claimant raised issues in relation to: (i) the scope of the inquest and Article 2 of the European Convention; (ii) the law on circumstances in which a coroner must, alternatively may, decide to sit with a jury; and (iii) the law on “neglect”.

Advisory work

In addition to his court work, Can is regularly instructed to advise on a broad range of public law, constitutional law, and human rights law issues, including:

  • the application of judicial review and human rights arguments in the commercial context;
  • the funding of political parties and the law of political donations, in particular: the legal and compliance risks which attach to giving and receiving political donations in the United Kingdom, the powers of the Electoral Commission, how the Bribery Act 2010 applies to donations, the Political Parties, Elections and Referendums Act 2000, the Electoral Administration Act 2006, the Companies Act 2006 and the Political Parties and Elections Act 2009;
  • applications to the European Court of Human Rights and UN Human Rights Committee on matters involving the right to freedom of thought, conscience and religion (Article 9, ECHR; Article 18, ICCPR) and the right to freedom of expression (Article 10, ECHR; Article 19, ICCPR);
  • challenges to the scope of government surveillance regimes (including under the Regulation of Investigatory Powers Act 2000);
  • the law relating to coroners, and in particular the scope and application of Convention Rights in the context of inquests;
  • claims against the Financial Services Ombudsman, the Financial Services Compensation Scheme, and the Legal Services Ombudsman;
  • constitutional law; and
  • all aspects of freedom of expression or religious rights.

Can has published articles on public law and human rights law issues ranging from the Article 2 (right to life) obligation in the context of inquests, to freedom of expression in the context of CFAs, to religious rights under the Human Rights Act 1998, as well as on matters of public international law and constitutional issues.

Can is a member of the Constitutional and Administrative Bar Association (ALBA) as well as Lawyers for Liberty.

Public International Law
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Can’s public international law practice is evenly split between: (i) investment treaty and energy charter arbitration work; and (ii) international human rights law. He acts for foreign governments, multinational companies, banks, individuals (including foreign investors), and international organisations (including NGOs) before a number of international arbitral tribunals, as well as the English Courts, the European Court of Human Rights, the ECOWAS Community Court of Justice, the Supreme Court of the Gambia, and the Constitutional Court of Turkey.

Examples of Can’s recent or ongoing public international work include:

  • Acting for and advising international investors in a very substantial bilateral investment ICSID claim against a Eurasian state arising from expropriations following a revolution.
  • Federation of African Journalists v The Gambia (ECOWAS Community Court of Justice) acting as lead co-counsel for the Federation of African Journalists and a number of individual journalist claimants in a landmark challenge to The Gambia’s criminal defamation, false news and sedition laws under the human rights provisions of the Economic Community of West African States treaty.
  • Advising two investors in two separate potential ICSID claims, concerning the merits (and on jurisdictional points) in claims for breach of the fair and equitable treatment requirements under bilateral investment treaties concluded with two Eurasian states.
  • R (on the application of Miranda) v (1) Secretary of State for the Home Department (2) Commissioner of Police for Metropolis (Court of Appeal) instructed as lead counsel by Article 19, English PEN and Media Legal Defence Initiative to make public international law submissions in judicial review proceedings relating to the detention of David Miranda under Schedule 7 to the Terrorism Act 2000. The judicial review ([2014] EWHC 255) raised important matters of principle regarding the purpose, scope and extent of the coercive powers under Schedule 7 and the protection of journalists’ sources and confidential journalistic material. Can has been retained for the appeal set to be heard by the Court of Appeal in late 2015.
  • Advising on the applicability of the State Immunity Act 1978 in the context of an action brought against a state-owned corporation for the enforcement of an ICC arbitral award against the state.
  • Advising an international technology company on the potential effects of international treaty obligations on a state in connection with the legality of new legislation proposed to govern the scope of state surveillance.
  • HSH Nordbank v Karahasan Shipping Group / The Republic of Turkey (European Court of Human Rights, Turkish Constitutional Court) acting as lead counsel for a major European bank in a US $75 million claim before the European Court of Human Rights. Instructed in prior related proceedings before the Turkish Constitutional Court to make submissions on public international law in the context of the proper interpretation of provisions of the 1982 Turkish Constitution in the light of the Turkish State’s international treaty obligations.
  • Advising a foreign government (through its embassy) on the scope of diplomatic immunities.
  • Big Brother Watch & Ors v the United Kingdom (Application No 58170/13) instructed (with Hugh Southey QC) by the Center for Democracy & Technology and PEN American Center in an application before the European Court of Human Rights challenging the scope of the secret interception and use of communications by the UK under the Regulation of Investigatory Powers Act 2000.
  • Gambian Press Union, Jammeh & Ceesay v The Gambia (Supreme Court of The Gambia) acting as lead co-counsel on behalf of leading journalists in The Gambia in a challenge before the Supreme Court of The Gambia to the constitutionality of certain sedition and criminal defamation laws on the basis that they violate fundamental human rights under the Gambian Constitution, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights. Related proceedings are being brought at the regional level in the ECOWAS Community Court of Justice (see above).

Before coming to the Bar, Can worked at the Permanent Mission for Turkey to the United Nations in New York. He continues to lecture on public international law.

Civil Fraud
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Can handles a range of civil fraud and asset recovery claims as a part of his strong wider commercial practice, and many of his cases are multi-jurisdictional in nature. He regularly acts in, and advises on, matters concerning:

  • Conspiracy
  • Breach of fiduciary duty
  • Misappopriation of company assets
  • Sham investment schemes
  • Fraud by agents
  • Civil contempt

The strength of Can’s civil fraud practice was recognised by Legal Week Magazine which named him as one of ten “Stars at the Bar” working at the Commercial and Chancery Bar.

Can is well versed in using the coercive powers of the High Court for the securing of evidence and the preservation, tracing and recovery of assets, including drafting and obtaining search, freezing and disclosure orders, travel restraint orders, and orders to obtain information from judgment debtors under CPR Part 71. Ongoing or recent civil fraud instructions include:

  • Sole counsel on behalf of two family members of a leading 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.
  • Acting as lead counsel in a €3.5 million fraud claim before the Commercial Court against a French tycoon based in Paris. Involving issues relating to jurisdiction and enforcement.
  • Acting (with Neil Hext QC) for a foreign conglomerate in a fraud claim (and related injunctive proceedings) arising out of a substantial advance fee fraud.
  • Representing a leading Ukrainian Bank in the Commercial Court in a claim for declaratory relief (and linked enforcement proceedings) relating to rights under a number of ship mortgages, following arrests of the vessels in foreign waters. The case is part of the multiple proceedings relating to the hundreds of millions of pounds of state assets believed to have been owned or used by the ousted Ukrainian President Viktor Yanukovych and his circle.
  • Brown v InnovatorOne Plc and Ors [2012] EWHC 1321: Junior Counsel (led by John Powell QC and Graham Chapman QC) in a 18 week trial in the Commercial Court in a c.£50m complex claim involving multiple tax avoidance schemes and allegations of fraud against individuals and professional advisors. Issues arising included breach of trust, dishonest assistance, conspiracy, insurance and coverage points, and causes of action under the Financial Services and Markets Act 2000. One of The Lawyer’s Top 20 cases of 2012, 2011, 2010.

Cases

Brown v InnovatorOne and Ors

Junior Counsel (led by John Powell QC and Graham Chapman QC) in a 18 week trial in the Commercial Court in a c.£50m ...

Brown v InnovatorOne and Ors

Junior Counsel (led by John Powell QC and Graham Chapman QC) in a 18 week trial in the Commercial Court in a c.£50m complex claim involving multiple tax avoidance schemes and allegations of fraud against individuals and professional advisors. Issues arising included breach of trust, dishonest assistance, conspiracy, insurance and coverage points, and causes of action under the Financial Services and Markets Act 2000. One of The Lawyer’s Top 20 cases of 2012, 2011, 2010.

Insurance & Reinsurance
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Can advises on and acts in insurance disputes involving issues such as coverage, aggregation, material nondisclosure and misrepresentation. Examples of Can’s work in this area include:

  • Acting with Roger Stewart QC in a major insurance coverage arbitration concerning cross-border property transactions.
  • Acting as a research junior in the Employers’ Liability Trigger Litigation [2012] UKSC 14, where he was called on to use his experience of proceedings before the UK Supreme Court in an appeal involving the interpretation of employers’ liability insurance policies in the context of mesothelioma compensation claims; and
  • Acting as a junior (with Jonathan Hough QC) for RBS Group insurers and Sabre Insurance in appeals by Accident Exchange claimants arising out of disputed Autofocus evidence: Purushothaman v Malik [2011] EWCA Civ 1374.

Can is a member of the British Insurance Law Association (BILA).

Sports Law
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Can is developing a sports law practice, particularly in the area of football where he advises players, agents and clubs in the context of arbitrations under Rule K of the Rules of the Football Association. Can frequently advises on issues (and acts in disputes) arising out of representation contracts between footballers and their agents.

Can was instructed with Patrick Lawrence QC by the owner of Native Khan, a leading runner in the Epsom Derby, to seek an interim injunction against the 3-times derby-winning jockey, Kieren Fallon, to prevent Mr. Fallon from riding a rival horse, Recital, in the Derby. The injunction was refused by the High Court but then granted by the Court of Appeal, following a successful appeal, on the morning of the Derby. The decision of the Court of Appeal (Araci v Fallon, [2011] EWCA Civ 668) remains the leading authority on prohibitory injunctions. Can was retained as sole counsel for the subsequent proceedings.

Can has written on the implications for sport of the coming into force of the Bribery Act 2010 on July 1, 2011 and continues to publish in the area.

Qualifications & Memberships

Memberships & Committee Positions

Qualifications & Prizes

  • University College, Oxford: Double First Class B.A. in English Language and Literature; College Scholar, Master’s Scholar, and the Stephen Boyd Memorial Prize recipient for the top First in Finals.
  • Princeton University: Jane Eliza Procter Fellow.
  • City University, University of London: First Class LL.B.
  • Harvard Law School: LL.M. and Cravath International Scholar.
  • Inner Temple: Treasurer’s Prize, Major Scholar, and Princess Royal Scholar.

Languages: Turkish (fluent), French (working knowledge)

Publications

VAT registration number: 114596021