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
• 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 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 corporate financiers in the defence of a claim brought by a PLC arising out of an abortive bond issue (led by Benjamin Wood)
• 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 £1m+ TCC claim arising out of the collapse of a crane at a construction site in London (led by Lucy Colter)
• Instructed by the claimant in a £9m construction arbitration concerning defects at 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

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 Business Interruption insurance test case
• Instructed (as sole Counsel) by insurers in the successful defence of a claim for interference with solicitors’ equitable lien, 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 of rectification and the interpretation of 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 against a wide range of professionals. His experience in this area includes claims for and against lawyers, accountants, surveyors, valuers and insolvency practitioners:

• 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)
• Assisting in the defence of claims brought by companies against their former solicitors arising out of underlying multi-million-pound valuers’ negligence litigation (during pupillage)