This is the fifth episode in the fourth series of The Fountain Court Podcast. The episode is hosted by Nick Daly, a barrister at Fountain Court Chambers. In this episode, a diverse panel bring various perspectives to a discussion on the subject of group litigation. Joining Nick in the discussion are: • Leigh-Ann Mulcahy KC, a leading silk at Fountain Court, who specialises in consumer law and group litigation. Leigh-Ann has been advising and acting in group litigation for nearly 30 years and is currently acting in group actions arising out of the Grenfell Tower Fire, Diesel NOx Emissions and Covid in Care Homes. In 2022, Leigh-Ann was named Group Litigation and Consumer Silk of the Year by Legal 500 and was shortlisted for the same award in 2024. • Alex Barden, a senior junior at Fountain Court. Alex’s experience includes acting as lead junior for Legal & General, Standard Life, Prudential and others in a £4 billion claim under s.90 of FSMA against RBS arising from is 2008 rights issue and subsequent collapse, which remains the biggest case in the area and one of the leading cases on the management and costs of group actions by investors. He also acts for British American Tobacco in respect of widely publicised group action claims by Malawian tobacco farmers. • Heather Gagen, who heads Travers Smith's Dispute Resolution practice and the firm's ESG & Impact Group. Heather’s commercial litigation practice covers the spectrum of high-value and complex disputes. She is experienced in large scale group claims including environmental damage and human rights litigation. A particular aspect of Heather's practice is acting for clients facing reputationally sensitive litigation and investigations, and advising clients in relation to corporate risk management including ESG-related risk. Heather was recognised in The Lawyer magazine’s 2019 Hot 100 and was named as one of ten Distinguished Advisers by Worldwide Financier in their 'Power Players: Environmental, Social & Governance 2024' report. • Adam Erusalimsky, an Investment Manager at LCM, a leading litigation finance firm. Prior to entering the litigation funding world in 2019, Adam specialised in commercial litigation at Herbert Smith (as was) and Stewarts, where his experience included acting in interchange fee litigation against Visa and Mastercard. In a funding context, he has experience of collective redress in the form of non-GLO litigation, CPR 19.8 proceedings, collective opt-out proceedings in the CAT and class action litigation in other jurisdictions such as Australia and Canada. During the session, our panel discusses various issues in the context of group litigation including the different procedures available and the benefits and drawbacks of each approach, trends and developments in group claims and their drivers, funding and costs issues, and potential future developments in the area.

This is the fourth episode in the fourth series of The Fountain Court Podcast. The episode is hosted by Giles Wheeler KC, a silk at Fountain Court. It is a recording of a live streamed discussion which took place in June 2024, hosted by Fountain Court and Addleshaw Goddard, during London International Disputes Week. Joining Giles in the discussion are: • Laura John KC: A silk at Fountain Court who specialises in financial litigation and arbitration, and is instructed by major banks, their customers and other financial institutions. Laura is described in the directories as “"a complete star, she holds her own against very senior silks and is completely unfazed by any theatrics" and “… simply excellent”. • Richard Clayton: A Partner and Head of Finance Disputes in Addleshaw Goddard’s London office. Richard has 25 years' experience advising on complex finance, investment, fraud and insurance disputes and contentious regulatory matters acting for a wide range of banks, asset managers, hedge funds, and high net worth individuals in a broad range of domestic and international cases. • Sivan Daniels: A Partner in Addleshaw Goddard’s Dispute Resolution division in London and works predominantly within the finance disputes team. He specialises in complex finance, FinTech and financial crime related litigation. In addition to his FinTech/finance related work, Sivan advises on matters relating to litigation financing and funding. During the webinar, our panel addressed the geopolitical events of the last two years leading to the trends and developments in group litigation including the interconnection with shareholder claims, s90 / 90A FSMA claims and litigation funding in the financial services sphere, as well as an update on crypto disputes including recent cases, regulation and jurisdiction developments and the scope for digitalisation. For more information on Fountain Court’s Financial Services work, please visit https://www.fountaincourt.co.uk/expertise/financial-services/.

This is the third episode in the fourth series of The Fountain Court Podcast. The episode is hosted by Daniel Carall-Green, a barrister at Fountain Court. In this episode, we look at the importance of an effective relationship between solicitors and counsel. Joining Daniel in the discussion are: Tamara Oppenheimer KC: A silk at Fountain Court with a broad commercial and civil practice. Described in the directories as “faultless as a barrister” and “a true role model for the commercial Bar”, Tamara was formerly a solicitor at Allen & Overy (as was) so has experience in both roles discussed in the episode. Chiraag Shah: An international disputes partner in the London office of Morrison Foerster. Chiraag has over two decades of experience representing clients in domestic and cross-border disputes including commercial and investor-state arbitrations around the world. Ranked in various legal directories, Chiraag is ‘commended for his ability to handle disputes involving the engineering and technology sectors…’. Julius Handler: An associate in Morrison Foerster’s London office and a member of the Litigation Group. Julius advises high-profile companies, financial institutions and individuals on business-critical challenges across a wide spectrum of risks including white collar crime and high-stakes contractual, commodities, insurance, ESG and supply chain disputes. During the session, our panel discussed various issues including their experience of the division of labour between solicitors and counsel and how this has developed over time, the impact of differing levels of proximity to the client, the range of involvement end clients have in the selection of counsel and ultimate strategy of the case, what the relationship looks like when it is at its best and how to deal with things if they go wrong. For more episodes of the Fountain Court Podcast, please visit https://www.fountaincourt.co.uk/category/podcasts/.

This is the third episode of the fourth series of The Fountain Court Podcast. The episode is moderated by Darius Chan, a door tenant at Fountain Court and is a recording of a virtual panel discussion hosted in September 2023, marking the annual Christopher Bathurst Prizegiving. The episode features an internationally focused discussion on the topic of ‘Arbitrability: Can Jurisdictions Police the Public Policy of Other Jurisdictions?’. This was the topic that this year’s applicants for the Christopher Bathurst Prize were asked to write about. The Panel discussed the Court of Appeal case of Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 and explored to what extent there was or could be a harmonised approach between different jurisdictions on the issue of arbitrability. Adopting a comparative law approach, our panel included: Yuet Min Foo: Based in Singapore, Yuet Min is a director at Drew & Napier. She advises clients on civil disputes relating to a wide range of commercial contracts. Many of Yuet Min’s matters involve SIAC and ICC arbitrations as well as arbitration-related Court proceedings. Gaurav Pachnanda SA: A Senior Advocate in India and a Barrister in England and Wales. Gaurav is an experienced commercial lawyer, whose practice includes a wide range of commercial litigation, arbitration and advisory work, with a significant multi-jurisdictional component. He is based in New Delhi but practices as a Door Tenant at Fountain Court. Professor Luca G Radicati di Brozolo: A door tenant at Fountain Court and the founding partner of Arblit, an arbitration and litigation boutique in Milan. Luca’s current practice focuses on international arbitration and litigation. He has vast experience in commercial and investor-State arbitrations across many different sectors and seats and under a variety of rules and governing laws. Nik Yeo: An experienced trial and appellate advocate at Fountain Court. Nik has a diverse practice including fraud, fintech and finance. He is regularly consulted on questions of legal professional privilege, conflict of laws and jurisdiction. Described as a “powerful and persuasive advocate”, Nik was awarded the “Technology, Data & Crypto Junior of the Year” at The Legal 500‘s Bar Awards 2023. For more information on Fountain Court’s international experience, please see here https://www.fountaincourt.co.uk/international/.

This episode of the Fountain Court Podcast is the recording of an International Women’s Day webinar co-hosted with Client Talk and the London Solicitors Litigation Association (‘LSLA’) in March 2024. The webinar was facilitated by Claire Rason, Founder and Director of Client Talk and author of the diversity report, “The Class of 2002”. The panel involved representatives from across the litigation ecosystem, discussing what needs to be done to ensure gender parity at all levels of the profession. Joining Claire in the discussion are: • Anneliese Day KC: Anneliese is a leading silk at Fountain Court Chambers. She practices across a broad range of commercial areas and she is described by the legal directories as a “a standout genius” and “an absolute rockstar at the top of her game” who is a “leading lawyer of her generation”. She was appointed a silk age 38 when 38 weeks pregnant with her second child. • Mrs Justice Cockerill: Mrs Justice Cockerill is a High Court judge and was Judge in Charge of the Commercial Court between 2020 and 2022. • Nina Best: Nina is the General Counsel of Delinian, a private equity owned company which includes a portfolio of specialist global businesses. She is the former Chief Privacy Officer at the company, where she spearheaded the establishment of a robust global data protection framework. Nina is based in Nottingham where she shares her life with her wife and two children. • Nikki Edwards: Nikki is a partner in the Commercial Dispute Resolution team at Howard Kennedy and is the President of the LSLA (although she was Vice President at the time of recording). Nikki is also a commercial and workplace mediator, and a mother of two. • Avneet Baryan: Avneet is a senior Associate at Mills & Reeves and is President of the Junior LSLA (although she was Vice President at the time of recording). During the webinar, the panel speak about challenges they have faced throughout their careers and how they have tried to overcome them, the importance of a support network including male allies, and the impact of a 24-7 culture on the professional generally. For more information about Fountain Court’s approach to equality and diversity, please visit https://www.fountaincourt.co.uk/about-us/social-responsibility/equality-and-diversity/

This is the first episode in the fourth series of the Fountain Court Podcast. The episode is hosted by Niamh Cleary, a barrister at Fountain Court. It is a recording of a live streamed discussion which took place in September 2023 hosted by Fountain Court, in collaboration with Thought Leaders 4. The panellists address the intersection of consumer protection and competition law. Joining Niamh in the discussion are: • David Wingfield: David has a deep understanding of antitrust economics which he combines with a comprehensive understanding of UK, American and Canadian competition laws. He is the former head of the antitrust division of the Canadian Department of Justice and currently serves as a Non-Governmental Adviser to the International Competition Network, an organisation of over 100 competition agencies from around the world that addresses competition law enforcement and policy issues. David is called to the Bar at Middle Temple, is a barrister and solicitor in Ontario and an attorney of New York State. • Daniel Carall-Green: A barrister at Fountain Court who has a wide range of expertise across commercial, competition and regulatory cases. Before being called to the Bar, Daniel was a solicitor-advocate in the competition department of Slaughter and May. His competition practice covers the full range of public and private enforcement, including collective proceedings, and his recent experience includes acting for the proposed class representative in collective proceedings against Apple regarding its commission on sales made via the App Store; acting as sole counsel for the claimant in a case about alleged exclusionary and abusive behaviour by Leeds City Council in the advertising market; and advising the Competition and Markets Authority in relation to three separate enforcement cases under the Competition Act 1998. • David Gallagher: A partner at boutique competition law firm Geradin Partners. Notable cases he advises on include a multi-billion ad tech class action filed on behalf of UK publishers against Google in the CAT and a class action filed on behalf of UK app developers against Apple. He was previously the Director of Litigation Funding at Harbour Litigation Funding and before that was Assistant Legal Director at the UK Competition and Markets Authority (CMA). He trained and spent the first seven years of his career at Freshfields. • Helen Ralston-Smith: Helen has 15 years of professional experience in applying economic principles to issues of strategic importance for businesses, predominantly in the context of litigation and competition investigations. Much of Helen’s work has focused on high-profile cases such as the European Commission’s investigations into foreign exchange trading and government bond trading, as well as national competition and regulatory authority investigations into parity clauses and allegations of excessive pricing. During the session, our panel addressed trends and developments in the competition and consumer enforcement sphere and the increased integration between the two; the relationship between competition enforcement proceedings, consumer protection and class actions; whether a competition focused consumer protection regime is wide enough; potential alternatives to the status quo as well as legislative changes surrounding collective proceedings. For more information about Fountain Court’s competition experience, please visit https://www.fountaincourt.co.uk/expertise/competition/.

This is the tenth episode of season three of The Fountain Court Podcast. The episode is hosted by Stephen Moriarty KC, a barrister at Fountain Court. Joining Stephen in the discussion are senior Indian advocates: Arvind Datar SA: A Senior Advocate in India whose practice is focused particularly on constitutional, commercial, taxation and regulatory laws, mainly before the Supreme Court of India. Located in Chennai, Arvind practices as a Door Tenant at Fountain Court. Gaurav Pachnanda SA: A Senior Advocate in India and a Barrister in England and Wales. Gaurav is an experienced commercial lawyer, whose practice includes a wide range of commercial litigation, arbitration and advisory work, with a significant multi-jurisdictional component. He is based in New Delhi but also practices as a Door Tenant at Fountain Court. Zal Andhyarujina SA: A Senior Advocate and a Door Tenant at Fountain Court specialising in commercial litigation and arbitration. He is located in Bombay and his areas of practice include arbitration, enforcement, financial services litigation, companies act and insolvency. A large part of his practice also includes cross border disputes involving international law firms and clients. In this episode, the panel focus on the Indian legal market and explore the extent to which foreign lawyers can practice law in India and the prospects for liberalisation in the area. For more information about Fountain Court’s practice in Asia, please visit: https://www.fountaincourt.co.uk/international/asia-pacific/.

Introduction: This is the ninth episode of season three of The Fountain Court Podcast. The episode is hosted by Laurentia de Bruyn, a barrister at Fountain Court. Laurentia has a broad commercial practice with a particular interest in the intersection of commercial and public law. Joining Laurentia in the discussion are: Akhil Shah KC: An experienced trial and appellate advocate at Fountain Court Chambers, preeminent in aviation disputes. He has acted in and advised on a broad spectrum of aviation related disputes including in relation to aircraft leases, design and manufacture of aircraft, aviation insurance, UK regulation, EU competition law, international regulation, as well as disputes involving the impact of COVID-19. Akhil is ranked in Aviation in both Chambers & Partners and The Legal 500 and was shortlisted as Shipping, Commodities and Aviation Silk of the Year at the 2023 The Legal 500 Bar awards. Charlotte Winter: A partner at Norton Rose Fulbright LLP based in London with extensive experience of aviation litigation and deals primarily in asset finance-related litigation. She acts for airlines, lessors and banks in contentious matters, including manufacturer and leasing disputes, worldwide asset repossessions and general contractual disputes. She is a member of the legal advisory panel of the Aviation Working Group, a not-for-profit body that contribute to the development of policies, laws and regulations that facilitate advanced international aviation financing and leasing. Helen Biggin: Counsel at Allen & Overy LLP based in London with extensive experience representing clients in litigation relating to breaches of aircraft lease agreements and other related matters such as aircraft delivery, technical claims and repossessions. She is also a member of the legal advisory panel of the Aviation Working Group, a not-for-profit body that contribute to the development of policies, laws and regulations that facilitate advanced international aviation financing and leasing. In this episode, the panel discusses topical issues within aviation litigation including the impact of COVID-19 on the sector, sanctions and letters of credit, trends in aviation litigation and what the future looks like for the industry. For more information about Fountain Court’s aviation practice, please visit: https://www.fountaincourt.co.uk/expertise/aviation-and-travel/.

This is the eighth episode of season three of The Fountain Court Podcast. The episode is hosted by Jacob Turner, a barrister at Fountain Court. Jacob has advised individuals, corporates and sovereigns in a variety of commercial matters involving both litigation and arbitration. Described as “an extremely hard-working junior and a great team player” Jacob accepts instructions in all areas of Chambers’ practice and has a particular interest in cases relating to technology, data and artificial intelligence. He has acted as sole counsel in the High Court, the Court of Appeal and as junior counsel in the UK Supreme Court. Joining Jacob in the discussion are: Richard Lissack KC: A silk at Fountain Court who is internationally recognised as a leader in the fields of banking and financial services, anticorruption, financial crime, commercial fraud, health and safety, public inquiries and regulatory breaches. Described as "a stellar performer, with unsurpassed positive energy”, Richard has been listed for several years as one of the “Stars of the Bar” and is rated as a leading Individual in Chambers & Partners and The Legal 500 across numerous areas. Richard represents organisations, their directors and other High Net Worth individuals and is sought out to undertake high-profile cases of the utmost severity. Peter Wickham: A partner at Slaughter & May in the Disputes and Investigations group and has a broad-ranging international commercial arbitration and multijurisdictional litigation practice. Described as “formidable” and an “outstanding lawyer”, Peter has significant expertise in ESG, energy, infrastructure and natural resource disputes. Suzanne Spears: The founder and principal of Paxus, a boutique public international law firm, having previously been a partner at Allen & Overy in the International Arbitration Group, where she also co-headed the Global Business & Human Rights Practice and co-founded the ESG Group. Recognised globally for her expertise in her areas of practice, Suzanne advises clients on dispute resolution and prevention, investigations and due diligence, and is often instructed to advise on highly sensitive social and environmental issues. In this episode, our speakers explore ESG Risks and disputes including legal sources of rights and obligations. They also discuss issues surrounding greenwashing, anti ESG shareholder litigation and other emerging trends as well as some practical tips on what proactive steps organisations can undertake to protect themselves from ESG risk.

This is the seventh episode in the third series of the Fountain Court Podcast. This episode is a recording of a webinar event that we hosted in September 2023. The panel discussion was on the implications of the recent landmark decision of the Supreme Court in Philipp v Barclays Bank UK on the so-called Quincecare duty, in which the all-Fountain Court counsel team represented Barclays, the successful appellant. Panellists on the webinar included: • Patrick Goodall KC, a highly sought after advocate, having been instructed in many of the major commercial cases in recent times. Described in the directories as “a delightful advocate with a first-rate brain", Patrick has advised and represented clearing and merchant banks and other financial institutions in a broad range of domestic and international disputes as well as in non-contentious contexts. He is recommended as a leading silk in banking and finance in The Legal 500, Chambers & Partners and was identified by Who’s Who Legal as one of the ‘Most Highly Regarded Silks’ in Banking & Finance. • David Murray, who has particular experience in banking, financial services, aviation, insurance, reinsurance, sale of goods, conflict of laws, financial regulation, civil fraud and professional negligence. He has been consistently ranked as a leading junior by the professional directories and has been described by clients as “hugely talented”, “phenomenally bright” and as having “everything it takes to be a future star”. David has substantial experience in all manner of banking and finance disputes and regularly acts for retail, commercial and investment banks. • Ian Bergson, who has a broad practice with a particular specialism in commercial litigation, civil fraud and banking matters. Ian frequently acts as part of larger teams in heavy commercial litigation or arbitration, as well as significant Supreme Court or Court of Appeal appeals. Ian is recommended as a ‘Rising Star’ in The Legal 500 for Banking & Finance, Commercial Dispute Resolution and Civil Fraud and is described as an “excellent junior”. He is also ranked as “Up & Coming” by Chambers & Partners in Banking & Finance and Commercial Dispute Resolution. Before transferring to the Bar, Ian was a solicitor at Linklaters LLP. During the session our panellists spoke about: • The reasoning and ramifications of the decision. • Where the Supreme Court’s decision leaves the so-called Quincecare duty. • The limits of apparent or ostensible authority in an agency context. • Recent regulatory and legislative developments in relation to APP fraud, including by way of the recently enacted Financial Services and Markets Act 2023. For more information about Fountain Court’s banking and finance experience, please visit https://www.fountaincourt.co.uk/expertise/banking-and-finance/.

This is the sixth episode in the third series of the Fountain Court Podcast. The episode is hosted by Jacob Turner, a barrister at Fountain Court, and is a recording of an in-person event hosted by Fountain Court in June 2023. The event was the first in the Fountain Court Academy series, a programme of events conceived, hosted and managed by juniors at Fountain Court Chambers. This first event focused on the use of artificial intelligence in dispute resolution, both now and in the future, and featured a panel of speakers that allowed for a variety of viewpoints across the legal and regulatory spectrum. Jacob is a junior barrister with a particular focus on AI-related matters. He authored Robot Rules: Regulating Artificial Intelligence (Palgrave Macmillan, 2018) and contributed to The Law of Artificial Intelligence (Sweet & Maxwell, 2020), and has acted in various precedent-setting disputes in the sector. Joining Jacob Turner in the discussion are: Sir Marcus Smith, a Judge in the High Court Chancery Division and Chair of the Competition Appeal Tribunal who has presided over several cases which involve algorithms and AI. Sana Khareghani, former Head of the UK Government Office for AI and now a Professor of Practice in AI at King’s College London and one of the most sought-after speakers internationally on the topic of the regulation of AI. Andrew Denny, partner at Allen & Overy who leads the firm’s global Business & Human Rights practice and is a member of its AI Steering Group as well as an active participant in its trial of Harvey AI. Patricia Shaw, founder and CEO of Beyond Reach Consulting and an international advisor on tech ethics policy, governance and regulation as well as an experienced lawyer who has held positions in various AI associations. During the session, the speakers discussed the definition of AI, its benefits and perceived drawbacks and the potential future uses of the technology. They also covered experiences of the technology in practice and spoke about how AI should or and shouldn’t be used in litigation. The panel also discussed UK regulation of AI and how this compares to EU equivalents. For more information about Fountain Court’s AI and broader technology-related experience, please visit https://www.fountaincourt.co.uk/expertise/technology/