From the Arkin ‘cap’ to the Arkin ‘approach’: Davey v Money & Ors [2019] EWHC 997 (Ch)
“In short, what has become known as the Arkin cap is, in…
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“An intellectual powerhouse who is clearly at the top of his game. His advocacy is clear and precise, and he knows how to get judges ‘on side’.” “He is invariably the cleverest barrister in the room.”
Justin is a leading commercial silk with vast experience of handling complex. high profile and high value commercial disputes both onshore, offshore and internationally.
His practice covers all aspects of commercial dispute resolution with a particular focus on commercial dispute resolution, civil fraud, trust structure, property litigation and professional liability. He also played a key role in the development of group litigation. Much of his work in the areas of commercial litigation, trusts and civil fraud is offshore.
Recognised in the legal directories as “an intellectual powerhouse”, “superlative strategist” and “amazing advocate”, Justin is ranked as a leading silk for Commercial Dispute Resolution, Civil Fraud, Construction, Insurance, International Arbitration, Offshore and Professional Negligence. He is also the regular recipient of major legal awards.
In addition to his work as arbitration counsel, he also sits as an arbitrator in commercial and insurance disputes.
“A great team player”, Justin is particularly known for his ability to deal with complicated expert evidence and large amounts of documentation. Many of his cases involve careful analysis of accounting and financial information, taxation issues and the calculation of economic loss. He is seen as “a top choice for the most difficult cases”.
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Justin is recognised as a leading commercial silk. His extensive experience makes him counsel of choice for the most complex, high profile and high value commercial cases. He regularly handles emergency and complex interim applications such as freezing injunctions, search and seizure orders, anti-suit injunctions and Norwich Pharmacal orders.
He has particular expertise in relation to fraud claims and many of the commercial disputes on which he acts involve complicated fraud and asset tracing issues (see separate section of his profile). He has also advised extensively in relation to shareholder and partnership disputes and disputes involving Limited Liability Partnerships and minority shareholder claims. Many of his cases involve insolvency and IT issues and he has acted in multiple international liquidations. He has become increasingly involved in sanctions-related litigation and has extensive experience of dealing with UK, EU and US regulations and regulators.
Justin regularly acts and advises offshore and internationally and much of this work involves trust related issues. He also acts both as counsel and arbitrator in major arbitrations.
He is ranked for Commercial Litigation by both Chambers & Partners and Legal 500 in the UK as well as in Legal 500 Caribbean and Chambers Global. They note he is “superb” and “a delight to instruct” commenting that he is “a superlative strategist” and “”brilliant advocate”.
Justin is known as “one of the big beasts” in relation to civil fraud and asset tracing claims. Recommended in both Chambers & Partners and Legal 500 as a leading silk, he has extensive experience of major fraud claims across the globe.
His financial acumen and forensic abilities means that he is counsel of choice for those with complex fraud claims. He is frequently instructed in cases where fraud is suspected and where detailed examination of financial accounts and computer records is required.
He has acted in numerous cases involving fraud or fraudulent insurance claims.
In addition to his case work, he was responsible for setting up the procedure used by the Solicitors Indemnity Fund for the investigation of alleged fraud by solicitors and he has investigated, interviewed, advised and acted in numerous cases of suspected dishonesty by solicitors both for SIF and for commercial insurers.
He is frequently instructed in cases where fraud is suspected and where detailed examination of financial accounts and computer records is required.
Justin is regularly instructed in relation to claims involving offshore issues. These claims cover the full spectrum of his practice from major fraud and trust disputes to insurance coverage claims. He is also increasingly involved in claims involving sanctions issues and has experience of dealing with EU, US and UK regulations and regulators.
He has worked extensively across the globe including the BVI, Cayman Islands, Bermuda, St Vincent, Antigua, Nevis, Jersey, New York, Hong Kong, Singapore and the Middle East.
He is recommended by both Chambers & Partners and Legal 500 as a leading silk for such work, the directories commenting that he is “smart, incisive and strategic”.
Justin is well-known for his insurance practice. Described by the legal directories as “enormously experienced”, he advises regularly on a wide variety of insurance matters, including the interpretation of insurance policies and non-disclosure and other coverage issues.
He has been instructed in cases involving disputes over insurance issues in many fields including Jewellers Block Policies, Professional Indemnity Policies for solicitors, valuers, accountants, architects and insurance brokers, Liability Policies for construction projects, engineering projects, product liability and third party liability, Excess of Loss Policies and Reinsurance contracts.
He frequently acts in coverage arbitrations involving scope of cover, aggregation, avoidance and dishonesty and other exclusions. He has regularly acted as arbitrator (with and without oral hearings) in coverage matters including notification disputes, disputes between insurers, non-disclosure and aggregation issues, where the underlying policy is professional liability cover (solicitors, surveyors, financial intermediaries, product liability cover, jewellers block and Contractors All Risk cover).
In his former capacity as Chairman of the Bar Mutual Indemnity Fund, Justin developed considerable experience and he takes a particular interest in issues affecting insurers, including rating and risk assessment, coverage issues and reinsurance. He was the principal adviser to the Solicitors Indemnity Fund on coverage issues (particular fraud) for a number of years, and has advised many of the insurers under the Qualifying Insurers Agreement in relation to coverage issues.
Recent cases
Justin is recommended as a leading silk for Professional Negligence in both Chambers & Prs and Legal 500.
He has been involved in numerous cases for and against accountants, solicitors, surveyors, valuers, architects, engineers and insolvency practitioners. He has a particular name for cases involving tax issues such as tax saving schemes, investment schemes, the taxation of share sale agreements and the CGT and IHT issues arising in inheritance cases.
Justin was chairman of Bar Mutual Indemnity Fund for 14 years.
Recent cases
Justin handles building and engineering disputes in the UK, the Middle East and the Far East. He has been involved in disputes involving a very wide range of technical issues, including ground conditions, foundations, tunnelling projects, the construction of water treatment plants, pipelines, factories, high-rise buildings, generating equipment for the petroleum industry and Mechanical Handling Equipment and distribution systems, as well as normal construction projects.
He has been instructed in leading cases on the interpretation of building and engineering contracts and has advised on the drafting of model contracts for specific situations.
Justin also handles cases involving electrical design and installation works, in large and small projects. He acted for the electricity supplier in the leading case on the statutory and common law liability of electricity suppliers (Beckett v. Midlands Electricity) and continues to act for electricity suppliers in litigation and regulatory matters.
He has acted for and against many of the major construction companies including Amec, Mowlem, Tarmac, Wimpey, Bovis, John Laing, Balfour Beatty, Vianini A.G., CPECC (China Petroleum) and others.
He has also acted for and against consultants including architects, mechanical services and other engineers and quantity surveyors. He is experienced in dealing with loss and expense and other financial claims as well as defects claims. He has acted for and against employers, main contractors and sub-contractors.
Recent cases
Justin acts both as counsel and arbitrator in relation to domestic and international arbitrations. He has been instructed under various rules in international commercial arbitrations around the world including in the former USSR, the UAE, Kuwait and other jurisdictions.
Much of his work in this area relates to coverage arbitrations involving scope of cover, aggregation, avoidance and dishonesty and other exclusions. He has regularly acted as arbitrator with and without oral hearings in coverage matters including notification disputes, disputes between insurers, non-disclosure and aggregation issues, where the underlying policy is professional liability cover (solicitors, surveyors, financial intermediaries, product liability cover, jewellers block and Contractors All Risk cover).
His arbitration work has included international contractual disputes, joint venture disputes, international sports tournament franchise contracts, new highways in Turkey, pipelines in Kuwait, housing developments in Hong Kong, natural gas tolling agreement in Egypt and shipping disputes in the Far East.
Justin also accepts appointments as a mediator.
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Deputy High Court Judge (Chancery, Kings Bench and Administrative) 2003-2019
Bencher of Inner Temple
Chairman, Investment Sub-Committee 2004 – 2011
Chairman of Bar Mutual Indemnity Fund 1999 – 2013
Commissioner of Royal Hospital Chelsea 2011 – 2017
Cambridge (MA)
“In short, what has become known as the Arkin cap is, in…
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