William Harman

Will receives instructions on a range of commercial disputes before courts and arbitral tribunals.  Examples of his current and recent work include:

• Acting for the first defendant, led by Justin Fenwick QC and Lucy Colter, in complex fraud proceedings relating to the collapse of a Russian bank pleaded at more than £1bn.
• Acting in a counsel team led by Justin Fenwick QC challenging an arbitration award relating to the beneficial ownership of a significant Moscow-based company under section 67 of the Arbitration Act 1996.
• Acting in a counsel team led by Jamie Smith QC for defendants to a Commercial Court claim for conspiracy pleaded at c. £130m.
• Acting for an Isle of Man trust in a high-value, multi-jurisdictional dispute involving allegations of fraud by creditors to a personal guaranty.
• Acting as sole counsel for the defendants in London Circuit Commercial Court proceedings relating to the purchase of a high-end residential construction business.
• Acting for a Russian distribution business claiming more than £800,000 in the High Court pursuant to a chain of contracts relating to the commission of machinery by the State Hermitage Museum in St Petersburg.
• Acting in a counsel team defending multi-million pound litigation concerning the sale of the share capital of Nottingham Forest Football Club.
• Acting in proceedings relating to the breach of an endorsement contract by a Premier League footballer.
• Instructed by the Government Legal Department in respect of a complex procurement claim against a government department.

Will is currently updating the Banking and Arbitration chapters in a new edition of Toulson & Phipps on Confidentiality.  He also has particular expertise in the use of confidentiality clubs and other methods of partially protecting confidential material.

Will is a member of COMBAR and the Young International Arbitration Group.

Will has a range of experience in construction dispute resolution.

Recent and ongoing instructions include:

• Acting for the claimant employer in substantial proceedings against architects in the Royal Court of Guernsey.
• Acting for an international engineering firm, led by Hugh Saunders, in respect of an adjudication relating to the legal effect of various payless notices given by a prominent contractor.
• Acting for the employer in a dispute relating to the termination of a large residential property construction project.
• Acting for a national sub-contractor in urgent court proceedings relating to the proper effect of the Construction Act.
• Acting for an employer in a dispute over an interim account under a letter of intent.

Will has also acted as sole counsel in a number of cases involving allegations of negligence against construction professionals, with a particular emphasis on renewable energy engineering.

In late 2017, Will spent time on secondment in the construction insurance team of a leading firm of solicitors, and sat with O’Farrell J in the TCC as part of the TECBAR marshalling scheme.

During pupillage, Will assisted David Turner QC and Clare Dixon in the case of Costain Limited v Tarmac Holdings Limited concerning, amongst other things, the reasonableness of an extensive scheme of remedial works.  He also assisted Clare Dixon in respect of a substantial claim relating to the procurement practices of a high-end interior design and project management firm.

Will has particular expertise in claims involving allegations of dishonesty, recent and ongoing examples of which include:

• Acting for the first defendant, led by Justin Fenwick QC and Lucy Colter, in complex fraud proceedings relating to the collapse of a Russian bank pleaded at more than £1bn.
• Acting as part of a large counsel team in the ground-breaking asset tracing case of CMOC v Persons Unkown.
• Acting in a counsel team led by Jamie Smith QC for defendants to a Commercial Court claim for conspiracy pleaded at c. £130m.
• Giving urgent advice in relation to the variation of a worldwide freezing order.
• Acting for an Isle of Man trust in a high-value, multi-jurisdictional dispute involving allegations of fraud by creditors to a personal guaranty.
• Advising on an application for tracing relief pursuant to foreign-law causes of action.
• Acting in the defence of a claim alleging fraud in the preparation of an application for planning permission.

Will is a member of the Commercial Fraud Lawyers Association.

Will regularly receives instructions in claims against a range of professionals.

Recent and ongoing examples of his work include:

• Acting for defendant solicitors in a counsel team led by Jamie Smith QC in respect of a claim for conspiracy pleaded at c.£130m in the Commercial Court.
• Instructed by insurers in relation to a high-profile dispute involving allegations of breach of trust against lawyers practising between the UK and Italy.
• Acting as part of a large counsel team in a high-value claim against accountant auditors following the administration of a Guernsey investment fund.
• Acting as sole counsel for the successful claimant in multi-track proceedings against conveyancing solicitors.
• Advising and drafting on behalf of family law solicitors in a claim following matrimonial proceedings.
• Representing a number of renewable energy engineers in claims for professional negligence.
• Advising and drafting for an insurance broker in a dispute over the proper construction of an accident policy.
• Acting for a well-known chamber of commerce in defence of a claim in negligence and deceit.

Will has also appeared in the SDT in regulatory proceedings following the administration of a well-known law firm.

Will receives instructions in a range of matters involving the sports industry with a particular focus on anti-corruption and anti-doping charges.  Will is also regularly instructed in commercial disputes with a sports context.  Recent and ongoing examples include:

• Acting for the Professional Tennis Integrity Officers, led by Kendrah Potts, in respect of corruption charges against a Chilean tennis player under the Tennis Anti-Corruption Program.  The player received a lifetime ban for attempting to contrive the outcome of an ATP Challenger match by offering another player money to lose a set.  The case also involved the first conviction under the TACP for purchasing and attempting to purchase a wild card.
• Acting as junior counsel in the successful defence of charges of evading, refusing and/or failing to provide a urine sample for anti-doping testing.  Following a two-day hearing, the NADP found that the athlete, who is a former Olympian, reasonably believed that they had retired and had not deliberately evaded the anti-doping personnel.  This represents a rare instance where no anti-doping rule violation was found despite the athlete knowing that testers were at the door.
• Acting in a counsel team defending multi-million pound litigation in the Chancery Division concerning the sale of the share capital of Nottingham Forest Football Club.
• Representing a Scottish Championship footballer at a sanction hearing before a Scottish FA Disciplinary Tribunal in respect of charges of gambling on football.
• Acting in relation to the breach of an endorsement contract by a Premier League footballer.
• Acting for a youth football coach facing violent conduct charges by the Football Association.  After hearing evidence from more than ten witnesses, the Disciplinary Commission unanimously dismissed the charges.
• Acting for the respondent in confidential proceedings brought under the Tennis Anti-Corruption Program.
• Advising in relation to a substantial claim involving loss of earnings in football.
• Giving urgent advice to British Shooting in relation to its selection policy and procedure.
• Acting as independent legal adviser to Table Tennis England at its selection meeting for the Commonwealth Games 2018.

Will is a member of the British Association for Sports Law.

Will recently returned from a three-month secondment with Ogier in Jersey during which he experienced a range of complex offshore litigation.  Much of Will’s work centred on proceedings in the Royal Court relating to the distribution of a trust settled by the former National Bank of Yugoslavia between the existing successor states.  He also assisted with a variety of non-trust matters encompassing construction, share purchase and company disputes.

Will’s offshore experience also includes:

• Acting as part of a large counsel team in a high-value claim against accountant auditors following the administration of a Guernsey investment fund.
• Acting for an Isle of Man trust in a multi-jurisdictional dispute involving allegations of fraud by creditors to a personal guaranty.
• Advising on limitation in respect of a complex claim by a Guernsey trustee against an English bank.
• Acting for the claimant employer in substantial proceedings against architects in the Royal Court of Guernsey.
• Advising on English law for the purposes of a construction dispute in Alderney.