Will Cook

Will’s experience in this area includes:

• Vneshprombank LLC v Bedzhamov: instructed as part of a large Counsel team (led by Justin Fenwick QC) in the defence of a £1.3 billion fraud claim arising out of the collapse of a Russian bank
• Alfozan v Quastel Midgen LLP [2022] EWHC 66 (Comm): successful strike-out of a £6.5m claim against a firm of solicitors on grounds of abuse of process. The underlying claim concerned an alleged fraud which had been perpetrated on a Saudi national’s London property portfolio (led by Helen Evans)
• Assisting in a claim brought against a bank under s. 90 FSMA 2000 concerning the publishing of misleading statements (during pupillage)
• Assisting in claims concerning the contested administration of an estate and involving allegations of fraud and dishonesty (during pupillage)
• Assisting in a $500m claim against a major firm of solicitors arising out of CIS litigation involving allegations of fraud and conspiracy (during pupillage)

Will has experience of a wide range of commercial disputes in both litigation and arbitration, including:

• Vneshprombank LLC v Bedzhamov: instructed as part of a large Counsel team (led by Justin Fenwick QC) in the defence of a £1.3 billion fraud claim arising out of the collapse of a Russian bank
• Instructed by a plc in the defence of a claim brought by a private equity firm and arising out of a £200m+ acquisition of a manufacturing business (led by Hugh Jory QC)
• Instructed in a £20m claim for misrepresentation and breach of contract arising out of the development of a hotel (led by Justin Fenwick QC)
• Instructed by a firm of corporate financiers in the defence of a claim brought by a plc arising out of an abortive bond issue (led by Benjamin Wood)
• Instructed by a software developer in a £2m+ claim concerning the development of cryptocurrency software (led by Hugh Saunders)
• Instructed (as sole Counsel) by a Canadian finance provider in the defence of a claim arising out of £30m+ acquisition of a finance business
• Instructed (as sole Counsel) by a major accountancy firm to advise on a software dispute with an IT services provider
• Acting as Secretary to the Tribunal in a multi-million dollar arbitration concerning a shareholder dispute and taking place in the Hong Kong International Arbitration Centre
• Assisting in a multi-million dollar international arbitration concerning the termination of a distribution agreement and giving rise to complex conflict of laws issues (during pupillage)

Will is regularly instructed across the full range of construction disputes, including:

• Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd [2021] EWHC 590 (TCC); [2021] PNLR 19: Will (led by Lucy Colter) acted for the defendant insurer in this important and widely reported decision on tortious duties of care in the context of large construction projects. The claim, which was pleaded at £12m and arose out of the construction of 100 Bishopsgate in the City of London, was dismissed following a three-day preliminary issue trial before Fraser J in the TCC.
• Instructed by defendant engineers in a £1.8m TCC claim arising out of the collapse of a crane at a construction site in London (led by Lucy Colter)
• Instructed by the claimant housing association in a £9m construction arbitration concerning defects in the construction of a large housing development in London (led by Lucy Colter)
• Instructed (as sole Counsel) in the defence of a £0.5m+ claim concerning a luxury housing development
• Instructed (as sole Counsel) in a TCC claim concerning the removal of asbestos at commercial premises
• Instructed (as sole Counsel) by numerous claimants in claims against various major developers concerning defective new-build housing developments

Will has experience of a wide range of insurance disputes, including coverage disputes, subrogated claims and claims against insurance brokers. Examples include:

• FCA v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm): while still a pupil, Will was instructed by three non-participating insurers in relation to issues arising from the COVID-19 Business Interruption insurance test case
• Instructed (as sole Counsel) by insurers in the successful defence of a claim for interference with solicitors’ equitable lien, brought following the decision in Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] 1 WLR 2052
• Assisting in various professional indemnity insurance coverage arbitrations, raising complex issues including rectification, estoppel by convention and the definition of a “successor practice” under the SRA Minimum Terms
• Assisting in coverage disputes concerning trade credit, property damage, income protection and life insurance policies (during pupillage)

Will is regularly instructed by both claimants and defendants in claims for and against a wide range of professionals. His experience in this area includes claims involving lawyers, accountants, surveyors, valuers, construction professionals and insolvency practitioners:

• Executive Counsel to the FRC v KPMG: Will (led by David Turner QC) is instructed in these high-profile disciplinary proceedings against KPMG and its former auditors arising out of the FRC’s investigations into KPMG’s audits of Carillion plc and Regenersis plc. The case has been widely reported in the press and was featured as one of The Lawyer’s “Top 20 Cases of 2022”.
• Alfozan v Quastel Midgen LLP [2022] EWHC 66 (Comm): Will (led by Helen Evans) was instructed in the successful strike-out of a £6.5m claim against a city firm of solicitors on the grounds of “warehousing” and abuse of process. The underlying dispute related to an alleged fraud in respect of a large London property portfolio held by a Saudi national.
• Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd [2021] EWHC 590 (TCC); [2021] PNLR 19: Will (led by Lucy Colter) acted for the defendant insurer in this important and widely reported decision on tortious duties of care in the context of large construction projects. The claim, which was pleaded at £12m and arose out of the construction of 100 Bishopsgate in the City of London, was dismissed following a three-day preliminary issue trial before Fraser J in the TCC.
• Instructed in a multi-million pound claim against a firm of solicitors arising out of the liquidation of a SPV and the failed defence of a conspiracy claim (led by Patrick Lawrence QC and Tim Chelmick)
• Instructed to advise a HNW individual on prospective claims against lawyers and financial advisers arising out of a defective post-nuptial agreement (led by Ben Hubble QC)
• Assisting in a $500m claim against a major firm of solicitors arising out of CIS litigation involving allegations of fraud and conspiracy (during pupillage)
• Assisting in the defence of a £250m claim brought against the former administrators of an insolvent SPV (during pupillage)