Warren Bank

Warren has been instructed as counsel in commercial and construction arbitrations for almost two decades.  He has also been appointed as an arbitrator on several occasions, including several appointments by the South African Bargaining Council for the Diamond Industry in industrial employment disputes and has also been appointed to chair internal disciplinary enquiries and appeals.

Soon after his arrival in England he was instructed in an International Arbitration dispute in the LCIA where he was led by Ed (now Mr Justice) Pepperall QC on behalf of BVI investors in a dispute concerning loans for the financing of gold mines in Africa.  

Warren has maintained his links with the Arbitration community in South Africa and attends international conferences and meetings in this area. He is considerably well-placed to utilise his knowledge of Southern African law and practice in disputes heard in England and is likewise able to leverage his English qualifications and experience to assist in dispute resolution in Africa that involves elements of English Law or UK litigants or property.

During the recent “lockdown” conditions Warren has recently participated in a commercial mediation process via Zoom and is familiar and at ease with being able to conduct such processes online going forward.

Warren has many years’ experience in acting on behalf of banks in contested litigation enforcing overdrafts and mortgages and other securities, and also on behalf of litigants facing such challenges.   He currently acts for several large UK banks in various ongoing banking and property litigation.

Warren is frequently instructed by a major banking group in litigation arising from the regulatory framework in PPI cases.

Warren has gained considerable experience over the past few years in Property litigation. He currently advises several Borough Councils, Local Authorities, property developers and management companies in property disputes.  He has also advised on and appeared in First-tier Property Tribunal matters.  He has gained considerable experience in such areas as relief from forfeiture applications and opposed claims for possession.  He often acts for LPA Receivers in property disputes.

Warren successfully represented a tenant in a complex dispute involving extension of leasehold interests under the Leasehold Reform, Housing and Urban Development Act, 1993 and a charitable housing trust and obtained judgment in his client’s favour.  He also successfully represented the same client in the subsequent Appeal hearing.

He has more recently acted in a multi-track dispute between two commercial landlords in injunction proceedings regarding a claim to a prescriptive right of way in an industrial park.

Warren has considerable experience being instructed in disputes in the commercial leasing, building construction, banking and financial services, and the telecommunications sectors.  He is regularly instructed in all aspects of applications under the CPR such as summary judgment, set aside and strike-out applications. 

Warren has experience of commercial and insolvency matters in the Rolls Building, RCJ, including a copyright injunction matter.

Warren’s years of extensive trial experience in multi-day trials over two decades have enabled him to gain the confidence of clients and solicitors alike in instructing him in trials on all Tracks, as well as Appeals.

Warren is regularly involved in personal bankruptcy and corporate insolvency litigation, having gained extensive experience in this field in South Africa, where he was regularly instructed by creditors and insolvency practitioners in directors’ misfeasance claims, transactions at undervalue, and the breach of fiduciary duties.  Some of his recent work involves advising and acting for former directors in personal liability claims under s217 of the Insolvency Act, 1986, applications to rescind winding-up orders, setting aside of statutory demands, and actions on behalf of liquidators to recover dividends paid to former directors under s238.  Warren is also frequently instructed on behalf of Administrators seeking an extension of their powers or for orders against former directors.

His insolvency work has extended to the Isle of Man where he was instructed in an appeal against a judgment of the High Court of Justice, involving the decision of a liquidator to sell a superyacht at a loss, and the subsequent petition to the Judicial Committee of the Privy Council.

Warren was recently successful in having the prosecution of an alleged insolvency offence against a bankrupt withdrawn by the Crown based on his written submissions.

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Warren has gained invaluable experience in technology and construction matters, with a particular focus on disputes involving mobile telephone operators, call centres, and point-of-sales computer technology.  He has advised on and conducted claims involving negligent home building and cavity wall insulation, and also in several disputes involving hotels and building contractors, and has conducted several trials in the Technology and Construction Court.