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Philip Kolvin

Paul Marshall

Called
1991
Telephone
0207 242 4986
Clerk
Sam Collins
CV
Email

Paul specialises in litigation and dispute resolution in contract law, civil commercial fraud, professional negligence and company law.

Paul is praised for his "strong analysis" (Legal 500) and "attention to detail" (Chambers and Partners). He is "a very tough opponent and very good in a difficult case" (opposing QC) and "a delight to work with" (Chambers and Partners). He is noted for his willingness to "think outside the box" (instructing solicitor), his capacity for lateral thinking (Chambers and Partners) and for being "unflappable" (Chambers and Partners).

Most of Paul's work is in the High Court, but as a result of his expertise in contract law he also undertakes advisory work that has included advising a global-brand computer manufacturer on the SPA for a UK facility. He has given evidence as an expert witness on English contract law in legal proceedings in Canada and in Italy.

Contract work has ranged from contested distribution licences for innovative Texan oil pipeline valves (including UK and EU competition issues) to disputed film distribution rights, to acting for an international airline on finance leasing claims. He has long experience of injunctions and was junior counsel in Hone and ors v HMRC [2015] 1 Ch 309, one of the most important decisions in recent years in this area of law (Stephen Gee QC, Commercial Injunctions, 6th edition).

Recent work has involved claims against banks and other financial institutions for mis-sold swaps, structured derivatives and SCARPS where he has secured successful outcomes for clients against all the major UK retail banks. He is a regular contributor to the Butterworths Journal of International Banking and Financial Law and a noted critic of the doubtful legal doctrine of 'contractual estoppel' and 'basis clauses', criticism the justification for which has recently been recognised in the Court of Appeal judgment in First Tower Trustees Ltd v CDS [2018] EWCA Civ 1396.

He edited the last two editions of Atkin's Court Forms Vol 18(1) Equitable Remedies, and previously edited Atkin's Vol 35, Sale and Supply of Goods and Services.

Paul has wide experience of commercial fraud, related economic torts and money laundering. he acted for the successful claimant in Purrunsing [2016] EWHC 789, [2016] 4 WLR 16 a landmark decision concerning a Dubai-based identity fraud. For many years he was the author of the Chancery Bar Association guidance on AML law and regulation, adopted by the Bar Council before it issued its own guidance. He has written on money laundering both for the professional press and the Financial Times.

He is regularly instructed in claims that concern shareholder rights (Swain v Swain Plc [2015] EWHC 660 (Ch) - a successful claim for unlawful means conspiracy to alter shareholder rights and breach of valuation mandate), directors' duties, claims for unfair prejudice and claims relating to company charges.

He is a long-standing member of the editorial board of the loose-leaf practitioners' encyclopaedia, Butterworths Corporate Law Service (Company Law).

For many years Paul has been ranked as a leading barrister (Commercial Dispute Resolution) by Chambers & Partners and a leading barrister (Commercial Litigation) in the Legal 500. Comments have included:

"Performs at a high level and is great at cross-examination." "He understands the law and he fights the client's corner." Chambers and Partners 2019

"Meticulous and decisive in preparing and presenting the case in court." The Legal 500 2018

"Highly capable and very good with clients." "He brings very good independent legal analysis, backed up with an evident willingness to understand every aspect of the client's situation." Chambers & Partners 2018 

"A very bright and hardworking barrister with a good client manner." - Legal 500 2017

"A strong advocate and a very good lawyer." Legal 500 2016

"Capable and good with clients." Chambers & Partners 2017

"He really goes above and beyond..." Chambers & Partners 2016

"Praised for his strong analysis." Legal 500 2015

"He's a very thorough, dogged and determined lawyer who is both inventive and courageous." "He's very conscientious, his attention to detail is excellent, and he thinks outside the box." Chambers & Partners 2015

"A tough opponent in a difficult case" Chambers & Partners 2014

Overview

Domestic and international business law, financial regulatory law, banking, commercial fraud including money laundering and company law.

The majority of Paul's work is in the High Court of Justice, usually in the Chancery Division, and in the Court of Appeal.

Expertise:
• Financial regulatory law and banking including mis-selling by regulated persons of financial products.
• Commercial licensing and leasing, including aircraft.
• International and domestic sales and carriage of goods.
• Economic torts (such as conspiracy), domestic and international commercial fraud and money laundering.
• Equitable doctrines and remedies including commercial secrets and confidentiality/ injunctions.
• EU and domestic competition law.
• Company law including shareholder rights and remedies, directors' duties and corporate governance.
• Related aspects of professional negligence.
• Public procurement.

News

Selling-out on interest rate derivatives
28.09.2017
Travels in unreality: Hard cases for SMEs and the making of English Financial Law October 2017 feature article in Butterworths Journal of International Banking and Financial Law by Paul Marshall In this....

Trust and Estates Law & Tax Journal - Consequences of non-compliance
16.11.2016
Paul Marshall has authored an article for Trust and Estates Law & Tax Journal in which he considers the case of Purrunsing v A'Court & Co and House Owners Conveyancing (2016).....

Paul Marshall joins Cornerstone Barristers
07.09.2016
Cornerstone Barristers is pleased to announce that Paul Marshall has joined Chambers from September 2016. Paul has a highly regarded practice in domestic and international business law, and in company law....

Disclosure of risk in SME swap transactions: the Court of Appeal wreaks havoc with accepted principles

10th May 2018

Disclosure of risk in SME swap transactions: the Court of Appeal wreaks havoc with accepted principles, Butterworths Journal of International Banking and Financial Law (LexisNexis) (2018) 5 JIBFL 282.

In this article, Paul considers the approach of the Court of Appeal in Property Alliance Group Limited v The Royal Bank of Scotland to the mis-selling claims made by PAG and the court's rejection of a duty of care owed by RBS.

Atkin's Encyclopaedia Of Court Forms in Civil Proceedings

1st April 2018

Paul has edited the chapter on 'Equitable Remedies', in Atkin's Encyclopaedia Of Court Forms in Civil Proceedings 18(1), (2nd edn, Lexis Nexis, 2018). 

Travels in unreality: hard cases for SMEs and the making of English financial law

1st October 2017

Travels in unreality: hard cases for SMEs and the making of English financial law, Butterworths Journal of International Banking and Financial Law (LexisNexis) (2017) 9 JIBFL 540.

In this article, Paul analyses the present unsatisfactory state of English law on swaps mis-selling.

Trust and Estates Law & Tax Journal - Consequences of non-compliance

16th November 2016

Paul Marshall has authored an article for Trust and Estates Law & Tax Journal in which he considers the case of Purrunsing v A'Court & Co and House Owners Conveyancing (2016). The case concerns relief from liability for breach of trust under the Trustee Act 1925.

Paul who acted for the claimant in the case notes that the decision represents an interesting, and salutary, instance of the interaction between regulatory law and the law of trusts.

Butterworths Corporate Law Service

1st September 2016

Member of the Editorial Board

Butterworths Atkin's Court Forms - Equitable Remedies

1st September 2016

[Forthcoming] Butterworths Atkin's Court Forms 'Equitable Remedies' (Editor).

Paul is editor of the current edition (Volume 18(1)).

Butterworths Journal of International Banking and Financial Law

1st September 2016

Paul regularly writes for the press and the legal journals including the Financial Times, Lloyd's Maritime and Commercial Law Quarterly, the Company Lawyer. He is regularly invited to contribute to Butterworths Journal of International Banking and Financial Law (JIBFL). Recent articles include:

• Fault Lines in English Financial Law, Thornbridge Limited v Barclays Bank plc [2015] EWHC 3430, [2016] 5 JIBFL 266.
• 'Humpty Dumpty is broken: unsuitable and inappropriate swaps transactions' [2014] 11 JIBFL 679 (Crestsign v Natwest and RBS [2014] EWHC (Ch) 3043).
• 'Novating mis-sold swaps: the poverty of narrowly contractual analysis' [2015] 1 JIBFL 11 (Bailey and Anr. v Barclays Bank plc [2014] EWHC 2882).
• Interest rate swaps and the sale of the unknown (Green and Rowley v RBS [2013] EWCA Civ 1197).

A Practitioner's Guide to UK Money Laundering Law and Regulation

4th December 2015

(Sweet & Maxwell 3rd Ed 2015)
(Editor Ben Kingsley, Slaughter and May) Paul contributed the chapters on Civil Liability and the Application of AML Legislation to International Transactions.

Butterworths Atkin's Court Forms - Sale and Supply of Goods and Services

1st May 2010

(2010)
Volume 35, Editor.

Paul is author of the Chancery Bar Association Guidance on money laundering – guidance that was recommended by the Bar Council until it issued its own guidance in 2016.

In November 2016, he is speaking at the Professional Negligence Lawyers' Association annual conference on the Purrunsing decision. In 2016 he spoke on money laundering and corporate transparency at the Midlands Annual Fraud Forum. In 2015 he spoke at a joint seminar of the International Committee of the Bar Council with the Deutscher Anwaltwerein with its Arbeitsgemeinschaft Bank-und Kapitalmarktrecht on regulatory approaches to financial mis-selling in England and Germany. He regularly takes part in training seminars/webinars for solicitors.

• Commercial Bar Association (COMBAR)
• Chancery Bar Association (ChBA)
• International Bar Association (IBA)
• Member of the Chartered Institute of Arbitrators (MCIArb.)

News: Commercial and Regulatory

Selling-out on interest rate derivatives

28th September 2017

Travels in unreality: Hard cases for SMEs and the making of English Financial Law October 2017 feature article in Butterworths Journal of International Banking and Financial Law by Paul Marshall In this....

News: Commercial and Regulatory

Trust and Estates Law & Tax Journal - Consequences of non-compliance

16th November 2016

Paul Marshall has authored an article for Trust and Estates Law & Tax Journal in which he considers the case of Purrunsing v A'Court & Co and House Owners Conveyancing (2016).....

News: Commercial and Regulatory

Paul Marshall joins Cornerstone Barristers

7th September 2016

Cornerstone Barristers is pleased to announce that Paul Marshall has joined Chambers from September 2016. Paul has a highly regarded practice in domestic and international business law, and in company law....