Neil Berragan

Practice:

Commercial litigation, including:
Sale and carriage of Goods
Commercial and construction arbitrations
Warranty claims in business and share sales
Commercial fraud
Computer software defects claims
Insurance
Pre-emptive and restraint injunctions, including Freezing Injunctions, Search Orders, interim orders to enforce restrictive covenants etc.
Banking
Company and Insolvency
Disqualification of directors
Professional Indemnity

Profile:  

Neil is a very experienced practitioner specialising in commercial litigation including sale of goods and commercial contract claims of all types, banking, insolvency, company, professional indemnity and intellectual property.

Significant Work includes:  

Neil has acted for a large number of major plc clients in the distribution, automotive, gaming, construction, travel, telecommunications and IT industries in large multi-million pound commercial disputes. Acted in many substantial shareholder disputes:- recently acted for majority shareholders against controlling minority securing multi-million pound settlement; currently acting for former MD and 50% shareholder of company worth c.£30M. Currently acting for police authority in claim by premiership football club for repayment of fees for special police services under s.25 Police Act 1996. Representing UK supplier in arbitration under American Arbitration Association rules, resisting claim for US$5M. Representing former shareholder in multiple claims arising out of collapse of Club Travel 2000 group.

Significant Reported Cases:  

Chattan Developments Ltd v Reigill Civil Engineering Contractors Ltd [2007] EWHC 306

Successfully resisted appeal under s.69 of the Arbitration Act 1996 and upheld arbitrator’s finding that, on facts of the case, agreement to delete clause 24 from JCT80 excluded both LADs and unliquidated damages

Promar International Ltd v Clarke [2006] EWCA Civ 332 successfully resisting appeal and unholding order for each party to ay own costs following compromise at trial

Salford City Council v Torkington [2004] EWCA Civ 1646 successfully appealing against basis of assessment damages for loss of profit – should be capitalised and substantially discounted for uncertain future events

Re Bhullar Bros Limited [2003] BCC 711, BCLC 241 unsuccessful appeal against order for directors to account for breach of fiduciary duty

Recommendations:

Chambers UK 2008
Neil Berragan leads the way, and "he's very succinct as an advocate"  " Whereas some barristers over elaborate, he sticks to the main points and develops them intelligently."  "A well-liked practitioner with bucket loads of common sense"
He consistently delivers "cogent and quick advice."  His "combative" style and "gravitas in court" make him "a super senior junior that you can use on the biggest cases." 

Neil has been consistently recommended by Chambers & Partners Directory 1999-2006. Recent comments include:

"a measured advocate whose rapier like cross examinations have done for a lot of opponents"
"admired for his excellent advice and strong advocacy"
"polished advocacy - commercial and user-friendly - he gets involved and is not afraid to roll his sleeves up" "good on his feet"

Legal 500 2008:
'a "tough nut", excellent in court where there's a real scrap'

Legal 500 2007:
"a first-class chancery lawyer with a large following"

He appears consistently in the Legal 500:
"Clients rate Neil Berragan highly"
"Phenomenally busy"
Recommended "for commercial litigation across the board"

Memberships:
Northern Circuit Commercial Bar Association
Northern Chancery Bar Association
Chancery Bar Association
Professional Negligence Bar Association
Bar Pro Bono panel
Northern and North Eastern Circuits

Career & Education:

University:

Degree:

Year of Call:

Joined Chambers:

Oxford (Pembroke College)

M.A. Jurisprudence

1982 (Grays Inn) Ad ejundem member of Lincolns Inn

2001

 

Neil Berragan

Year of Call: 1982  

Specialises In:
Chancery & Commercial

Clerked by:
 Colin Griffin

 

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