Ed Pepperall QC

Ed is regularly instructed in multi-million pound commercial and professional negligence litigation. He has particular expertise in the law of restraint of trade and confidentiality and in commercial fraud work.

Ed understands the flexibility required to handle urgent and high value work. He is numerate and works well with forensic accountants.

His more substantial cases include:

• A £70 million fraud claim in which Ed acted for the UK's 5 largest brewers with a market share of over 82%.
• A US$100 million claim in the ICC Court of Arbitration in respect of a pan-European marketing agreement for a pharmaceutical device.
• Advice on duties of confidence owed by a former executive in respect of a £350 million commercial dispute.
• Advice on a US$12 million contract for the supply of military equipment to a Cypriot company for onward supply to Iraq.

Ed's clients include a number of FTSE100 companies, US and Russian companies, the entrepreneur Sir Stelios Haji-Ioannou, a serving judge and a leading Formula 1 racing team.

Ed is a member of the Civil Procedure Rule Committee and regularly gives seminars, webinars and TV interviews on both procedural and substantive law. He is a lead advocacy tutor for Lincoln's Inn teaching other barristers both in England and overseas. Ed sits as a recorder.

What the Directories Say

Chambers & Partners' 2013 guide:

• “Someone who you go to when you need a win, he instils confidence because his clients know he’s so good at what he does.”
• “This ‘absolutely brilliant barrister’ is ‘at the leading edge’ when it comes to corporate covenant disputes and has ‘unparalleled expertise in obtaining injunctive relief.’”
• “Wonderfully organised in his approach, Ed Pepperall QC is noted for his creative, solutions-driven approach.”
• “An extremely pragmatic advocate .... what he does is high-value and done extremely well. He is wonderful with clients and highly recommended.”
• Previous editions described Ed as “incredibly quick on his feet” and “a fast-thinking commercial litigator who is exceptional on his feet.” He is “very affable and easy to get on with” and his “relaxed and calm approach instils confidence.” He displays “an aptitude in difficult matters which is little short of prodigious” and is praised for “his no-nonsense attitude and diligent, thorough approach [which ensures] that he remains a favourite”.

Recent Experience

Ed's recent experience includes a number of significant appeals in the Court of Appeal:

• Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$15 million contract.
• A 3 million appeal concerning the proper approach to quantum in a concurrent liability case against a professional and the Judge’s duty to give a reasoned judgment (drawing on Ed’s earlier experience in English v. Emery Reimbold).
• Claims to enforce an unpaid vendor’s lien and for partial specific performance of a 5 million contract.

Other recent cases of note include:

• A 70 million fraud claim on behalf of the UK’s 5 leading breweries.
• Professional negligence claim against a criminal silk for his negligent conduct of an 8-month fraud trial.
• Professional negligence claim against another barrister for his negligent conduct of a child rape trial.
• A £2.8 million commercial fraud claim by an Italian-owned company against its former executives and their new English company.
• A number of unfair prejudice petitions following the dismissal and removal from the board of minority shareholders.

Reported Cases

• Caterpillar Logistics Services (UK) Ltd v. Huesca de Crean [2012] 3 All ER 129 (CA) & [2012] IRLR 410 (QB) – Injunction: whether available to restrain senior employee / fiduciary from taking employment on the other side of a highly contentious US$15 million contract. Breach of confidentiality & conflicts of interest.
• George Wimpey v. Valley & Vale [2012] 2 EGLR 113 (CA) & [2011] EWHC 1833 (Ch) – Whether unpaid seller’s lien arises on 5 million agreement to surrender lease. Whether entitled to partial specific performance on waiving a condition.
• Obsession Hair & Day Spa Ltd v. Hi-Lite Electrical Ltd [2011] EWCA 1148, White Book (Vol 1) – Failure of judge to give reasoned judgment dismissing tort claim in 3 million professional liability claim. Proper measure of damages in concurrent liability cases. Court of Appeal’s power to set aside permission to appeal.
• Sandhu v. Jet Star Retail Ltd [2010] EWHC 1936 (QB) – Whether retention of title clause operated to prevent title passing to retail items worth 1 million upon buyer’s insolvency.
• Cavendish Corporate Finance LLP v. GIL Investments Ltd [2009] EWCA Civ 368 (CA) – Proper construction of contract for corporate finance fee upon multi-million pound company sale.
• Re Britannia Heat Transfer Ltd [2007] BCC 470 (Ch) – Norris J gave guidance on interplay between a CVA and the employment protection provisions against contracting out of claims (s203 Employment Rights Act 1996).
• Fusion Interactive Communication Solutions v. Venture Investment Placement [2005] 2 BCLC 250 (Ch) – Injunction to restrain advertisement of a winding-up petition on just & equitable grounds. Authority of individual directors to instruct solicitors.
• Re Zebra Industrial Projects Ltd [2005] BCC 104 (Ch) – Whether assets of failed CVA were held on trust for CVA creditors or general body of creditors.
• Vincent v. Servite Homes Ltd [2002] EWCA Civ 852 – Whether employer estopped from denying liability to pay contractual PHI to employee.
• English v. Emery Reimbold & Strick Ltd [2002] 1 WLR 2409 (CA) – Leading decision on judge’s duty to give a reasoned judgment (before Lord Phillips MR).
• Lennon v. Alvis Industries plc (2000) CA – Whether claim statute barred.
• Monnington v. Bonnells Electrical Contractors Ltd (1999) CA – Proper construction of agreement settling professional negligence claims and expert’s claim for unpaid fees.

Specialist Areas

Ed Pepperall QC is a member of the following specialist practice groups where detailed CV’s can be viewed by clicking on the links below:

• General Commercial
• Commercial Fraud
• Company
• International & Overseas
• Professional Liability
• Restraint of Trade

Qualifications and Appointments

• Birmingham University, LLB (Hons) 2:1 – 1988
• Recorder, Crown Court: 2009
• Recorder, County Court: 2010
• Member of the Civil Procedure Rule Committee, 2010
• Member of the Consultant Editorial Board for Lexis-Nexis PSL, Dispute Resolution

Professional Associations

• Commercial Bar Association (COMBAR)
• Midland Chancery & Commercial Bar Association (MCCBA)