3-4 South Square is a set of barristers' chambers in Gray's Inn, London with 43 members including 17 Queen's Counsel in full time practice. The work undertaken at 3-4 South Square focuses on many aspects of commercial and business law in national and international contexts. Clients to Chambers include solicitors, overseas lawyers and corporations, in-house counsel and those organisations approved by the General Council of the Bar of England and Wales to instruct barristers directly.

Affiliated to 3-4 South Square are Associate Members, which includes eminent lawyers practising in other jurisdictions in the world. Associate Members are able to offer their legal expertise to clients including a detailed knowledge and understanding of their local law. The nature of the work undertaken at 3-4 South Square frequently involves disputes originating from outside the United Kingdom. It is for this reason that Chambers recognises the importance of Associate Members in other countries who can be called upon or referred to when the need arises.

Associate Members have experience as Arbitrators or Mediators in leading arbitration centres including London, Paris, Geneva, Stockholm, Berlin, Hong Kong, Tokyo, Singapore, New York and Johannesburg. The arbitrations have been heard under ad hoc submissions and under the auspices of domestic and international arbitral institutions such as:

      International Chamber of Commerce (ICC)
      London Court of International Arbitration (LCIA)
      UNCITRAL Rules of the United Nations

In addition to their availability to sit as Arbitrators or Mediators, Associate Members can be instructed independently or in conjunction with other Members of Chambers to provide advisory, drafting and advocacy work in commercial and business law contexts.

Our current Academic Associate Member in England is William Swadling who is available to advise on all aspects of Trusts, Property and Restitution.

The associate members are:

      Clive Cohen SC - South Africa
      Barry Mortimer QC - Hong Kong and United Kingdom
      Seenath Jairam SC - Trinidad and Tobago
      John C Sheahan SC - Australia
      Sandra Bristoll - United Kingdom
      Roxanne Ismail - Hong Kong
      Ronald DeKoven - United States of America
      Colin Bamford - United Kingdom
      Professor Peter Ellinger - Singapore
      Volker Heinz - Germany and United Kingdom
      Uwe Kärgel - Germany
      William Swadling - United Kingdom

Short biographies of the Associate Members are set out below. For more information, please contact the Senior Practice Manager, Paul Cooklin, who will be happy to assist you with your enquiry.

 

Clive Cohen SC

BA LLB (Wits) 1959

Clive Cohen has been a member of the South African Society of Advocates since 1960 and was made SC in 1975. He was called to the Bar of England and Wales in 1989. He has been an acting Judge of the High Court of South Africa on various occasions and sits regularly as an Arbitrator to determine commercial disputes. He is Chairman of the Commercial Arbitration Panel of the Arbitration Foundation of South Africa (AFSA). As advocate, his commercial litigation practice (including arbitrations) has resulted in appearances before the courts and tribunals in South Africa, Namibia, Swaziland, Botswana, Lesotho, England and Israel.

Languages : English and Afrikaans

 

Barry Mortimer GBS., QC

MA (Cantab)

Barry Mortimer was called to the English Bar in 1956 and was appointed Queen's Counsel in 1971. He was appointed a Judge of the Supreme Court of Hong Kong in 1985 and a Justice of Appeal in 1993. He retired as Vice President of the Court of Appeal in August 1999 but continues to serve as a Non-Permanent Judge of the Court of Final Appeal in Hong Kong, an appointment he has held since 1997. He sits as an Arbitrator and Mediator in domestic and international business and commercial law disputes. In Hong Kong, he is on the panel of the International Arbitration Centre and is a member of its Mediation group. In 2001, he was appointed to Chair the Environmental Impact Assessment Appeal Tribunal to hear its first appeal concerning a HK$10 billion proposed new railway crossing into Mainland China.

In 1994 he was made an Honorary Diplomate of the American Board of Trial Advocates for services to the Board and in 1999 he was awarded the Gold Bauhinia Star for services to the Hong Kong Judiciary.

Barry Mortimer is a Director of the City Disputes Panel in London, a mediation and arbitration provider for the wholesale financial market.

Languages : English and basic French.

 

Seenath Jairam, S.C., LL.M.

Seenath Jairam was called to the Trinidad and Tobago Bar in 1977 but worked in private enterprise, mainly in employment/labour law until 1982. Thereafter, he entered private practice. He has held various positions over the years, such as a Director of the Public Transport Corporation, Vice-Chairman of the Trinidad and Tobago Racing Authority, Member of the Medical Panel (to certify foreign doctors as being eligible to practise in Trinidad and Tobago), Associate Tutor of the Hugh Wooding Law School, Law Commissioner from 1998 to present and served with distinction as a High Court Judge for six months in 1997 - appeals from his judgments were upheld by the Court of Appeal.

In 1998 he was appointed SC. He was called to the Bars of Guyana, Grenada, St. Vincent and St. Lucia and has appeared in the High Court and Court of Appeal in those countries, except Guyana. He has also appeared before the Privy Council. He has done several arbitration matters and numerous complicated commercial cases including tax appeals, banking, company and insurance cases. He is considered one of the foremost advocates in employment law/industrial relations in Trinidad and Tobago. He has also done several public law cases (judicial review and constitutional law matters).

Language: English.

 

John Sheahan SC - Sydney, Australia BA, LL B (Hons) (UQ)

John Sheahan was admitted to the bar in 1984 and took silk in 1997. His practice is focussed on banking, corporate and trade practices (competition) matters. He is entitled to appear in all Australian jurisdictions.

His recent engagements have included being retained as counsel for Westpac Banking Corporation in respect of matters arising out of the collapse of the HIH Insurance Group, as counsel assisting the Special Commission of Inquiry into a certain corporate restructures by James Hardie Industries (the inquiry resulted in an agreement by James Hardie to make up a shortfall in funds, estimated at $1.5 billion to meet claims against former subsidiaries) and as counsel for Seven Network Ltd in its suit against News Ltd, Telstra Corporation Ltd and other parties in relation to monopolisation and anti-competitive conduct in the pay television industry.

He is the president of the Public Interest Law Clearing House, a pioneering pro bono referral service in Sydney, and a General Committee member of the Banking and Financial Services Law Association, and a member of its research prize and conference organising committees.

 

Sandra Bristoll

Call 1989
Downing College, Cambridge – MA Hons (Cantab) Harmsworth Law scholar of Middle Temple

Sandra was a member of 3-4 South Square from 1990 to June 2004 and then relocated for family reasons and joined St Philips Chambers in Birmingham.

Sandra is listed in Legal Experts 2004 as an expert in the field of insolvency and corporate reconstruction. Her corporate insolvency work includes large numbers of administrations, receiverships, provisional liquidations and liquidations, acting for insolvency practitioners and directors and creditors in cases such as Re Atlantic Computer Systems, Polly Peck International plc and Barings plc.

She has also advised on and conducted litigation in relation to personal insolvency matters, in particular pension issues, and directors’ disqualification proceedings, both for the Secretary of State for Trade and Industry whilst Junior Counsel to the Crown (B panel between 1994 & 2000) and now for individual directors. She also has a wealth of experience in relation to schemes of arrangement under section 425 of the Companies Act 1985, having appeared in Re Hawk Insurance Co Ltd.

Sandra has advised on and conducted commercial litigation mainly in the Chancery courts, with her commercial work frequently arising in the context of insolvency. She has substantial experience in a range of commercial litigation work, including contractual, banking and insurance law disputes and cases arising from professional negligence claims.

She is a CEDR accredited mediator and has acted as an advocate in mediations.

Email: sbristoll@st-philips.co.uk

 

Ronald DeKoven

Ronald DeKoven has joined Chambers as an Associate Member from where he focuses his practice on international insolvency, reconstruction and finance. Mr DeKoven is admitted to practice law in New York and Illinois and is recognised as an expert in international insolvency, reconstruction and leasing. He is also an approved mediator in the US District Court, S.D.N.Y., Bankruptcy Division.

In recent years, Mr. DeKoven has worked closely with Members of Chambers in substantial litigation including BCCI, Barings and Olympia & York. He has acted for the US Department of State and the United Nations in matters of private international and domestic law and was the principal reporter of Article 2A of the Uniform Commercial Code. Recently he has been appointed by UNIDROIT as the reporter of a Model Law of Leasing.

Mr. DeKoven retired in January 2000 as a partner in Shearman & Sterling; there he led the leasing practice and the bankruptcy practice. He is now of counsel at Jenner & Block.

Mr DeKoven's pro bono activities include acting as trustee for the American Cancer Society Foundation and as member of the Development Council to the Oxford University Law Foundation.

Mr DeKoven received his B.A. from Stanford University and his J.D. from the University of Chicago School of Law.

 

Professor Peter Ellinger

D. Phil (Oxon)
M.Jur (Jerusalem)

Peter Ellinger is a specialist in domestic and international banking law with a particular emphasis on international trade law including the law of letters of credit. In these contexts, he has advised and drafted documentation relating to the laws of Singapore, Malaysia, New Zealand, Australia, Hong Kong, England, Austria and Germany. He has great experience as an expert witness in matters of international banking law and practice especially in cases pertaining to documentary letters of credit. He is the author of "Documentary Letters of Credit - A Comparative Study" which compares the laws of England, America, France and Germany.

In 1999, Peter Ellinger qualified as an Advocate and Solicitor in Singapore where he is a Consultant with the local law firm of Rajah & Tann. Since 1993, he has held the position of Accredited Arbitrator at the Singapore Arbitration Centre and has submitted expert witness reports in international arbitrations and cases heard by courts in both common law and civil law jurisdictions. He has also appeared as expert witness before courts in Australia, the United Kingdom (London), Hong Kong and Singapore. In 1998, he delivered an Award in a substantial franchising dispute involving parties from the Philippines and Malaysia.

Languages : English, Hebrew and basic German.

 

Volker Heinz

University Law Schools of Heidelberg, Berlin and Bonn
Diploma in Law, The City University
Rechtsanwalt (1973) and Notar (1983), Berlin
Barrister (1989) and Notary Public (2001), London

Volker Heinz specialises in German, English and international litigation, arbitration and mediation and international notarial transactions. He is a member of the German Arbitral Institution's (DIS) Executive Board and of the Worshipful Company of Arbitrators. He is also listed in the arbitral panels of the ICC International Court of Arbitration, the London Court of International Arbitration (LCIA) and the Association Suisse de L'Arbitrage (ASA).

He has also acted as a German law expert witness in commercial disputes before a number of courts outside Germany.

Volker Heinz is president of the German-Australian Lawyers' Association and regional chairman (Berlin-Brandenburg) and Vice-President of the British Chamber of Commerce in Germany. He is currently a partner in the law firm Heinz Legal Services.

Languages: English, German, French, basic Spanish and basic Russian.

 

Uwe Kärgel

University law schools of Münster, Innsbruck ( Austria ) Cologne/Bonn
Admitted to the Berlin Bar 1971 ( Rechtsanwalt ) and 1981 Notar in Berlin

Uwe Kärgel specialises in corporate law, real estate law and as defence lawyer in white collar criminal cases mainly arrising out of business failures and insolvency. Specialist in professional regulatory law.

1982 - 2003 he was member of the Board of the Berlin Bar Association ( Berliner Anwaltsverein BAV)
1987 - 1989 Vice Chairman
1989 - 2003 Chairman
2003 - elevated to life time Honorary Chairman of the Berliner Anwaltsverein
1990 - 1999 member of the board of the German Bar Association ( DAV )
1995 - 1999 Vice President DAV
1997 - 1999 Vice President and Treasurer

Uwe Kärgel is co-autor of a commentasir to the Constitution of Berlin He also is co- editor of the Collection of Laws of the State of Berlin

Uwe Kärgel founded the International Lawyers Conference of the incoming EU- States which meets on an annual basis in Berlin

Uwe Kärgel is a member of BAV, IBA, UEA ( honorary ) UIA

Uwe Kärgel is Senior Managing Partner in a medium sized German Law Firm which forms a multidisciplinary partnership of lawyers, tax consultants and notary in cooperation with a CPA Company.

Languages : English, basic French, better Spanish, basic Italian.

 

William Swadling - England MA (Oxon), LLM (Lond)

William Swadling is Fellow and Tutor in Law at Brasenose College and a Lecturer in Law at the University of Oxford, where he teaches Trusts, Land Law, Personal Property, and Restitution. He has published a number of articles and chapters on these topics, including “A New Role for Resulting Trusts” (1996) 16 Legal Studies 133, which received the approval of the House of Lords in Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669, and ‘The Proprietary Effect of a Lease of Goods’ (in Palmer & McKendrick (eds), Interests in Goods (2nd ed, 1998).

He is a contributor to Halsbury's Laws of England (4th ed, reissue), co-editor of Trust Law International and a founding editor of The Restitution Law Review. He has held visiting appointments at the National University of Singapore, Seoul National University, and the University of Florida. He is chair of the Trusts Teaching Group in Oxford and a member of the Trust Law Committee, a group of leading academics and practitioners dedicated to researching weaknesses of Trust Law in England and Wales and ways of improving it, chaired by Sir John Vinelott.

William Swadling is available to advise on all aspects of Trusts, Property, and Restitution.

 

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