Barbara Dohmann QC
- Called to Bar:
- 1971
- Appointed to silk:
- 1987
- Practice areas:
- Degree:
- Mainz and Paris (languages and economics)
- Languages:
-
German
and
French (fluent)
Spanish and Italian (working knowledge)
Practice areas: Banking; Financial Services; Insurance and Reinsurance; Private International Law; Commercial Arbitration (domestic/international); Commercial Fraud (civil); Company Law; Regulatory Tribunals; Entertainment and Media/Intellectual Property; Partnership; Professional Negligence.
The latest editions of the two leading independent legal directories, Chambers UK 2010 and The Legal 500 2009, recognise Barbara Dohmann QC as a leading silk in Banking & Finance, Commercial Litigation, Financial Services, Civil Fraud, Insurance and Media & Entertainment.
In Chambers UK 2010, Barbara Dohmann QC is lauded by clients for her “top-class legal analysis and intriguingly persuasive advocacy skills.” She is “a first-class litigator who always gives of her best as she is such a perfectionist. Very thorough and highly professional, she is a dominant advocate when in court.” She has an “unmatched track record in financial services matters.” She is “ferociously clever and tactically brilliant” and “a purveyor of muscular advocacy.” “The extraordinarily experienced Dohmann remains a renowned name in insurance arbitrations and has lately been undertaking a significant amount of advisory work.” “The steeliest of steely performers, she approaches everything with vigour and leaves no stone unturned.” “Barbara Dohmann QC, whose ‘ferocious intelligence and astute tactics’ have seen her triumph in many a commercial case."
Legal 500 2009 reports Barbara Dohmann QC’s work as “excellent and robust” and that she is a “fantastic, ferocious cross-examiner - a really phenomenal advocate.” “Solicitors appreciate Barbara Dohmann QC’s ‘commitment and prowess‘ whilst ‘clever, forceful and charismatic’.”
In addition to featuring in the legal directories, Barbara Dohmann QC was awarded the Lifetime Achievement Award at the Chambers & Partners Bar Awards 2006 for her outstanding contribution to the Bar and was also cited as one of the leading silks in the Legal Week “Spotlight on the Bar” feature, following a survey of litigation teams from 48 of the UK’s top law firms, the results of which were published on 11th November 2004.
Professional Experience
Barbara Dohmann QC is a barrister with experience in a wide variety of areas of civil law. She appears regularly in the Appellate Courts, High Court 1st instance (in both the Chancery Division and the Commercial Court, Queen's Bench Division), arbitrations (as both Arbitrator and Counsel) as well as at regulatory and disciplinary tribunals. Miss Dohmann also has extensive experience in appearing before foreign courts in very large commercial disputes, including Bermuda, Gibraltar, Singapore, Brunei, Grand Cayman, The British Virgin Islands and the Bahamas. She has given expert evidence on English law to courts in the USA, Ireland, France, Germany and Austria.
Professional bodies and appointments:
- Master of the Bench of Gray’s Inn.
- Judge (part-time) of the Civil and Commercial Court at the Qatar Financial Centre in Doha.
- Member of the Standing Committee (‘the North Committee’), advising the government on PIL.
- Member of the Special Committee of the London Metal Exchange.
- 1997-1999 Treasurer of the Commercial Bar Association (COMBAR); 1999-2001 Chairman of COMBAR, Member of the General Council of the Bar, Member of the Legal Services Committee of the Bar Council.
- Committee Member of COMBAR, member of the European Circuit, the Bar European Group, and of the London Common Law & Commercial Bar Association (LCLCBA).
- Recorder (from 1990) and Deputy High Court Judge (from 1994) in the Commercial Court, Queen's Bench and Chancery Division until 2002. She also acts as Arbitrator (including ICC) in commercial disputes.
- Member of Learned Society for International Procedure Law (founded by Professor Schlosser, the reporter/commentator to the Brussels Convention).
- Founding Member of the Chancellor’s Forum of the University of the Arts and previous Member of the Court of Governors, London Institute Higher Education Corporation.
Banking and Financial Services
Banking and General Commercial:
Miss Dohmann regularly advises and acts in international banking disputes several of which do not lead to court proceedings. She has acted for clients in disputes arising from take-overs and acquisitions, including Argyll v Guinness and GE Capital v Bankers Trust & Others; Fyffe plc v Geest plc, and confidential others including 2007 and 2008 takeovers.
Financial Services:
Miss Dohmann has specialised in financial services for most of her career, having acted for and against Self-Regulating Organisations, in relation to investigations, disciplinary proceedings, judicial review, appeals and advice. She has been involved in many of the major regulatory cases which have arisen in the last 10 years instructed by the Regulators, including the SIB, SFA, IMRO, PIA and the FSA. She has acted in Bank of England, Stock Exchange, Lloyd’s and DTI investigations, making written submissions and representing clients before inspectors or tribunals.
Current and recent work
Banking and General Commercial:
Citco/Headstart Class F Holdings Ltd v Y2K Finance Inc (BVI) [2008] and continuing.
Hedge fund litigation, High Court and CA.
Central Bank of Ecuador v Ansbacher (Bahamas) Ltd [1996]
Issues of international financial fraud. Settled 2008.
Investec v A Michael & Ors [2006] (Commercial Court)
Investment banking contractual dispute.
First Atlantic Commerce Ltd v Bank of Bermuda [2008]
E-commerce dispute, High Court and CA (Bermuda).
Harold Darrell et al v Bank of Bermuda [2007]
Alleged breach of confidence, negligent banking. Plaintiff withdrew claim shortly before trial.
M.J Select Global Ltd v Oceanic Bank [2006]
Acting for successful bank in action by liquidator of Bahamian Mutual Fund; issues of Fund Regulations, international hedge funds, financial services.
HSBC Bank plc v 5th Avenue Partners & Ors [2007] EWHC 2342 (QB)
Acting for counterclaiming defendant and successful Part 20 claimant v Michael Brown in investment fraud case.
K Ltd v National Westminster Bank (HSBC and SFO intervening) [2007] 1 WLR 311
Case relating to bank’s obligations under POCA.
WPP Holdings Italy SRL v Benatti [2007] EWCA Civ 263, [2007] 1WLR 2316(Commercial Court and CA)
Jurisdiction and European law dispute. Trial 2008 before Walker J settled.
FFSB v Seward and Kissel [2007] UKPC 16
Contribution claim by Bank against New York legal advisers of mutual fund; jurisdiction dispute decided by Privy Council. Action proceeding in the Bahamas.
British American Tobacco (Investments) Ltd v United States of America [2004] EWCA Civ 1064
No voluntary waiver of privilege by a party to US litigation in respect of documents when those documents had entered the public domain as a result of a judgment settling US litigation involving that party.
Bank Candtrade/HSBC v FFSB (Bahamas)
Issues of company law, prospectus liability, shareholders’ rights and banking.
Mahme Trust Reg v Lloyds TSB Bank plc
Case dealing with duties of bankers and trustees, banking secrecy and conflict of laws.
Re Oracle Fund Limited (in liquidation) Bahamas
Issues of banking, regulation, fund management and company law.
Law Debenture Trust Corporation Ltd v Lexington Insurance Co & Ors [2002] EWCA Civ 1824 (Commercial Court and Court of Appeal 11.11.02)
Issues included banking, professional negligence and insurance/reinsurance.
Brown & anr v Bennett & Ors (Ch and CA)
Whether defendants obtained plaintiffs’ business dishonestly. Chancery Division decided 18.10.2000, no case to answer. Wasted costs application [2002] 1 WLR 713
Alfred Billes v Bank of Bermuda Limited [2001]
Issues of banking and civil fraud in Grand Cayman.
Bank Handlowy v Bank of New York (CA 8th December 1999).
Application relating to proposed privatisation of a major Polish Bank.
Henry Ansbacher & Co Ltd. v Binks Stern [1998] PNLR 221; [1998] Lloyd's Rep. Banking 1. Court of Appeal
Successful fraud claim by bank against solicitors of client.
Morgan Stanley UK Group v. Puglisi (Queen’s Bench Division Commercial Court) 29.01.98 (Financial Services Act 1986 s 62(1)
Whether PERLS transaction with private customer was off-exchange margined transaction in derivative instrument.
Lordsvale Finance plc v. Bank of Zambia [1996] QB 752
Default interest not a penalty.
Financial Services:
Financial Services Authority v Philippe Jabre / GLG Partners
Market abuse/hedge funds. Acting for the FSA.
Also involved in what has become known as the Split Capital Trusts litigation and a wrongful trading case involving a bank.
Hedge Fund Industry issues: Instructed by the Financial Services Authority.
London Metal Exchange v [Member of the Exchange]
Regulatory Tribunal, issues of rules and practice of the Exchange.
Underwriters at Interest C/o PYV Limited v DB
Issues of financial regulation, and the powers of Ombudsman to award financial compensation.
Advisory work to Underwriters on Financial Services issues. See also cases under Banking above.
Domestic and International Arbitration
Miss Dohmann has appeared in many large international/domestic arbitrations as Counsel or Arbitrator. Given client confidentiality, little can be disclosed beyond the fact that the subject matters have included oil trading (e.g. dispute between a state oil company and a private trading company), a North sea oil drilling contract, the true construction of a bare boat charter, alleged breaches of charter parties, commodity trading (e.g. at the London Metal Exchange), international sporting events and many insurance and reinsurance disputes (see below). She is presently an ICC Arbitrator in a large international shareholders’ dispute.
Commercial
Insurance and Re-Insurance:
Miss Dohmann has acted for and against insurance companies and Lloyds Syndicates, and for Lloyds names, in cases relating to the following areas:
- Conflict of laws: proper law of Lloyd's marine policy Amin Rasheed Shipping Corporation v Kuwait Insurance Co. [1984] AC 50;
Credit Lyonnais v New Hampshire Ins Co [1997] 1 Lloyd's Reps 191; [1997] 1 LCLR 1 (whilst sitting as deputy judge in Commercial Court); - true construction of policies; coverage disputes,
- non-disclosure/misrepresentation by insured, materiality disputes,
- fraudulent claims,
- insurable interest,
- fortuity,
- sham re-insurance,
- illegality of policies; lack of authorisation of insurer,
- negligent underwriting: claims by Lloyd's names,
- regulation of insurance markets,
- liability of insurance brokers,
- allocation of insurance claims between (i) years (ii) different insurers,
- limitation: Sheldon v Outhwaite [1996] 1 AC 102 (dealing with professional negligence limitation and deliberate concealment by a Lloyd's Underwriting Agency).
Current and recent work
Insurance and Reinsurance:
Douglas Bee v Carl Jenson [2007] EWCA Civ 923
Principles of compensation and indemnity.
Carvill America Inc and R K Carvill & Co Ltd v Camperdown UK Ltd QBD (Commercial Court) – 02.09.04 and [2005] EWCA Civ 645.
Issues of conflicts of laws and forum non conveniens in the re-insurance market, liability for brokerage under reinsurance treaties and the proper custom and practice of the London reinsurance market
Chubb v London Life
Reinsurance arbitrations, raising issues of pool underwriting and duties of agents.
Mizuho International plc v GE Insurance Solutions and others [2005]
An arbitration claim on insurers for World Com litigation liability.
First National Litigation Funding Plc v various Lloyd’s Syndicates and Investec Bank (UK) Ltd [2005]
Insurance issues arising from s106 of the Consumer Credit Act.
Law Debenture Trust Corporation Ltd v Lexington Insurance Co & Others (Commercial Court and Court of Appeal 11.11.02)
(See under Banking above)
Manulife v Chubb [2002]
Reinsurance arbitration.
Allianz & Others v Chubb [2001]
Reinsurance arbitration.
Sovereign v M&G [2001]
Reinsurance arbitration.
Kingscroft Insurance Co Ltd & ors v Nissan Fire & Marine Insurance Co Ltd [1999] Lloyd's Rep. IR 603, (Commercial Court), Moore-Bick J. 29th July 1999, [2000] 1 All ER (Comm) 272
Whether quota share reinsurers of an underwriting pool became parties to facility quota share reinsurance treaties; effect of provisional notices of cancellation, renewals of treaties.
Kennecott Utah Copper Corp & ors v Cornhill Insurance plc & ors [2000] Lloyd's Rep. IR 179 (Commercial Court)
Construction of policy wording and endorsements: whether a newly built plant damaged by explosion had attached to an operational insurance policy. (Settled on eve of appeal).
Novelli SPA v. Watkins CA 26.11.96. Times December 24 1996
Whether defendant insurers were prejudiced by reason of the extended period during which they had to reserve in their books their proportion of the unreinsured loss.
Regularly advising Banks and Underwriters on coverage issues.
Civil Fraud:
Berezovsky v Abramovich [2008] EWHC 1138 (Comm)
Conflicts of law, intimidation, breach of trust (Comm. Ct)
Yugraneft v Abramovich and Berezovsky [2008] EWHC 2613 (Comm)
Jurisdictional issues, alleged fraud.
Water and Sewerage Authority of Trinidad & Tobago v Desalination Company of Trinidad & Tobago and Others
Civil fraud case concerning alleged bribery in contract procurement.
A v B [2006] EWHC 2006 (Comm); [2007] 1 All ER (Cmm) 591; [2007] 1 LP Rep 237
Civil fraud, commercial arbitration versus litigation, conflict of laws, injunction. Complex international dispute between metal traders, issues of validity of arbitration agreement. (Court of Appeal judgment, 08.03.06)
Ashton Investments Ltd v OJSC Russian Aluminiumi [2006] EWHC 2545 (Comm); [2007] 1 Lloyd’s Rep 311; [2006] 2 CLC 739, QBD (Comm)
Alleged civil fraud and jurisdiction dispute.
The Central Bank of Ecuador v Ansbacher (Bahamas) Ltd
Long-running case of alleged international banking fraud.
FFSB v Seward and Kissel [2009] Bahamas
Conflict of laws and a contribution claim by the settling Defendants in a Mutual Fund action against the Fund’s US lawyers, who had also acted for fraudulent fund manager.
Brimko Holdings Ltd v Eastman Kodak [2004]
Joint venture company for Chinese market; included issues relating to alleged fiduciary duties and misappropriation.
Bank Candtrade v FFSB [2003]
Issues of company law, alleged fraudulent prospectus, shareholders’ rights, banking.
Kohn v Meehan & Pettmond Investment [2003] All ER (D) 315
Issues of civil fraud in proceedings by former shareholders.
Alfred Billes v Bank of Bermuda Limited [2001]
Banking and civil fraud in Grand Cayman.
Private International Law
Miss Dohmann has acted and advised in many cases where litigation was proceeding in a number of jurisdictions, she has appeared as an expert witness and has given expert opinions on English law to Courts in several European countries and in the United States of America.
Miss Dohmann also has extensive experience in appearing before foreign courts in very large commercial disputes, including Bermuda, Gibraltar, Singapore, Brunei, Grand Cayman, The British Virgin Islands and the Bahamas.
Current and recent work
FFSB v Seward and Kissel [2007] and [2009]
Privy Council allowed FFSB’s appeal as to jurisdiction in the Bahamas. Issues concern the conflict of laws and a contribution claim by the settling Defendants in a Mutual Fund action against the Fund’s US lawyers.
Ministry of Defence of Iran v Faz Aviation [2007] (Commercial Court)
Question of company’s seat and principal place of business. Juridiction dispute.
Ashton Investments Ltd v OJSC Russian Aluminium [2007] EWHC 2545 (Commercial Court)
Jurisdiction dispute.
Carvill America Inc and R K Carvill & Co Ltd v Camperdown UK Ltd QBD (Commercial Court) [2005] EWCA Civ 645
Issues of conflicts of laws and forum non conveniens in the re-insurance market, liability for brokerage under reinsurance treaties and the proper custom and practice of the London reinsurance market.
British American Tobacco (Investments) Ltd v United States of America [2004] EWCA Civ 1064 Court of Appeal 30.07.04.
No voluntary waiver of privilege by a party to US litigation in respect of documents when those documents had entered the public domain as a result of a judgment settling US litigation involving that party.
In the matter of T & N Ltd (and Others) [2005] EWHC 2990 (Ch), [2006] 1 WLR 1792
Administration proceedings in England and Federal Mogul Chapter 11 proceedings in the US, raising important issues of conflicts of laws in a cross-border insolvency.
Mukta Gheewala & Ors v Mahesh Gheewala & Ors [2003] (Privy Council)
Rejecting Jersey jurisdiction; forum non conveniens.
M/S Alghanim Industries Inc & others v Skandia International Insurance Corp & Others [2001]
Naz Smyth v Abdul Behbehani & Maha Behbehani (Court of Appeal) The Times, 7 April 1999
Principles applicable to the grant of negative declarations and a stay of proceedings on the grounds of forum non conveniens.
Lubbe & ors v Cape plc [1998] CLC 1559 (Court of Appeal); and also Pill LJ, Aldous LJ, Tuckey LJ 29th November 1999
Forum non conveniens, forum created by offer to submit, reverse forum shopping. See also [2000] 1 WLR 1545.
Sedigep Ltd. v The Administrators of Polly Peck [1997] 2 BCLC 630
Jurisdiction dispute involving the Mozambique Rule and s 30 of the Civil Jurisdiction and Judgments Act 1982.
Simon Engineering v Butte Mining PLC QB, (Commercial Court) [1996] 1 Lloyd's Reports 91
Counter suit injunction, whilst sitting as a deputy judge.
Continental Bank SA v Aekos Compania Naviera S.A. [1994] 1 Lloyd’s Rep 505 (Court of Appeal)
Article 17 and anti-suit injunction.
Owens Bank v Bracco [1992] 2 AC 443, [1994] ECR I-146, [1994] 2 WLR 759
Miss Dohmann represented Bracco at all levels, including the House of Lords and the ECJ
Whether a foreign judgment obtained by fraud can be enforced in England and on the reference to the European Court on points arising under the 1968 Brussels Convention.
Kurz v Stella Musical [1992] Ch 196.
Interpretation of Art 17 of the 1968 Brussels Convention.
Media and Entertainment
Current and recent work
BBC Worldwide v Bee Load Ltd [2007] EWHC 134 QBD (Commercial Court)
International licensing and jurisdiction dispute.
MTV Networks Europe v Performing Right Society
Confidential international licensing dispute.
George O’Dowd v Virgin Records Ltd and The Bay City Rollers
Royalty disputes.
BPI v Mechanical Copyright Protection Society/Glidepath Holdings B.V. & Others v John
Intellectual property/entertainment.
Campbell Junior & O’Donnell v Gullane Productions Ltd & Ors [2005]
Counsel for the successful Claimants, composers of the “Thomas the Tank Engine” music in this dispute with the owner of the rights in the television series.
Re BBC Worldwide Ltd
Advice concerning issues of disposal of US businesses.
British Broadcasting Corporation v Talksport Ltd [2001] FSR 53 The Times 29.06.00
Successful resistance to passing-off injunction.
Columbia Tristar Home Video (International) Inc v Polygram Film International BV (Court of Appeal) 8th February 2000
Construction of film/video financing agreement.
Hadley and Others v Kemp [1999] EMLR 589 (Chancery Division), Park J. 30th April 1999.
Instructed on behalf of Gary Kemp and his publishing company; successfully resisted all contract and copyright claims brought by former members of the group "Spandau Ballet".
Miss Dohmann has acted for, amongst others, Take That (v Robbie Williams) Vangelis, Oasis, Sony, BMG and ITV. She has also been dealing with other confidential work for artists and companies.
Miss Dohmann has been a member of the Ethics Committee of the University of the Arts, London, and advises on media and IP matters.
Other cases include:
Steven Lewis v Amsprops Estates Ltd
Construction of employment contract.
Green World International v International Tennis Promotions Ltd (Arbitration and Commercial Court)
Case concerning arbitrator’s jurisdiction and the effect of assignment.
Morley v Elmaleh (Ch) 3-7-2009
Undue influence claim; 10 week trial.
Teamsport B.V. v Umbro International Ltd
Licensing dispute.
Finance Group and CT Mobile v IPOC et al (TCI)
Third party jurisdiction and shareholder dispute. Claim in Bermuda.
Miss Dohmann has also been instructed in several arbitrations in international Telecoms disputes.
Liverpool Football Club v Reebok [2007] (Commercial Court)
Contract and royalty dispute.
Kohn v Meehan & Pettmond Inv Ltd [2003]All ER(D)315
Al-Abbas v Al-Dabbagh (CA 21.11.2002)
Freezing orders made in favour of intervening solicitors set aside.
Plant & Anr v Plant & Anr [2002] EWHC 2283 (Ch)
BMT Salvage Ltd & Ors v The Salvage Association [2003] (Ch)
MRI International v Dawling Kindersley Holdings [2003] (Commercial Court)
International contract dispute.
London Underground v Transport for London [2002] EWHC 1260
Legal professional privilege.
JFS (UK) Ltd & anr v Dwr Cymru Cyf (Court of Appeal 18.9.98)
Meaning of original set-off or counterclaim - Limitation Act 1980 s 35(3).
