Pépin Aslett – Deputy Head of Commercial

Pepin Aslett

Email: pepin.aslett@stjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 1996

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“Well-respected junior acting on a broad scope of commercial disputes, including finance, contractual, company and fraud claims. He often represents multiple parties, and he is also qualified in the Bar of Bermuda.”

Strengths: “He is a good draftsman and has a very good eye for detail.” “He has very good technical knowledge and an ability to adapt that knowledge to specific cases.”

Recent work: “Acted in the multiple claimants v Watchstone Group case, which involved securities litigation pursued by hundreds of retail investors.” Chambers & Partners 2018

“An experienced and forceful advocate.” Legal 500 2017

Pépin Aslett is a barrister providing advice and representation in substantial and complex commercial litigation.  He takes a hands-on role to develop case strategy and regularly acts as part of a team of QCs, other senior juniors and relevant expert professionals.

Pépin is recommended in the Legal 500 2016 for Commercial, Banking and Insolvency as having “an excellent manner with clients” in conference.

Memberships

Northern Circuit

Legal Directory Recommendations

“Recommended for commercial and traditional Chancery matters.” Legal 500 2016

“In conference, he has an excellent manner with clients.” Legal 500 2015

Pépin has previously been described by the Legal 500 as having “an excellent legal brain”, “an excellent eye for fine detail” and being “a star in the making; very bright and clear on paper as well as being a clever advocate”

Expertise

  • Banking, Finance and Insolvency

    CASES

    Multi-million pound securities fraud litigation on behalf of hundreds of investors against an AIM listed company. Being led by Philip Marshall QC.

    Claims against financial advisers for losses due to advice given.

    Acted for multiple claimants in claims against a bank concerning breach of contract claims in relation to interest rates.

    Acted for a lender in respect of a disputed debt of £36m on the issue of certainty of contractual obligations (Hodgson v Lipson [2009] EWHC 3111 (QB)).

    Led in the Court of Appeal by Barbara Dohmann QC. and David Berkley QC in a leading case on the meaning of ‘suspicion’ in s 328(1) Proceeds of Crime Act 2002 and whether evidence to be provided by Bank as to ‘suspicion’: (K Ltd v National Westminster Bank plc (HM Revenue & Customs and the Serious Organised Crime Agency intervening) [2007] 1 WLR 311.

    Acted in the leading case on burden of proof in unfair relationship claims in the Consumer Credit Act 1974 (as amended): (Bevin v Datum Finance Ltd [2011] EWHC 3542 (Ch) (Peter Smith J)).

    Securing judgment of over £1.4m at trial against a director and de facto director guilty of misfeasance and wrongful trading: (Re Idessa (UK) Ltd [2011] EWHC 804 (Ch); [2011] B.P.I.R. 957).

    Led by Clive Freedman QC. in the Court of Appeal in a case on jurisdiction in insolvency appeals where a High Court Judge sits in the County Court: (Tatch & Anor v Claughton (CA) [2007] EWCA Civ 559).

    Acted for debtor on an appeal against a bankruptcy order due to a failed IVA (Bradburn v Kaye [2006] BPIR 605 (Ch).

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  • Company and Commercial

    • Contract
    • Company/Partnership
    • Commercial Fraud/Asset Recovery
    • Intellectual Property/Data Protection/Privacy
    • Insurance

    Cases

    Regularly acts in relation to shareholders’ petitions.  The last one involved a company with assets worth £15m-£22m and settled half way through an 8 day trial in December 2016.

    Acted for a director on an appeal to the Court of Appeal against a finding of breach of fiduciary duty on the basis that there was no causation of loss.

    Obtaining summary judgment in the TCC in claim against a pet food manufacturer for alleged loss of several pedigree animals.

    Acted in the leading case on e-mail signatures in guarantee cases: Mehta v J P Fernandes S.A [2006] 1 WLR 1543.

    Advising insurer on grounds to avoid and/or repudiate a D&O policy following a BIS and SFO investigation and the failure to disclose prior litigation.

    Acting for the market leader in the sale and distribution of electronic cigarettes in a breach of trademark and passing off claim in the High Court.

    Defending a claim of breach of data protection and privacy in respect of a figure in the public eye.

    Advised a firm of solicitors following their professional advisers divulging private and confidential financial information in error.

    Acted for the defendant in a claim concerning the alleged removal and misuse of sensitive confidential commercial material.

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  • Property and Private Client

    CASES

    Dignan v Watt [2016] EWCA Civ 235: appeal following trial as to whether an estoppel operates in relation to a predecessor in title.

    Quilter v Hodson Developments Ltd [2016] EWCA Civ 1125: whether, following misrepresentation inducing purchase, a vendor or purchaser benefits from a later increase in value of land.

    Dickinson v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2014] EWHC 3856 (Ch): whether it was an abuse of process to raise issues under the Financial Services and Markets Act 2000 rendering a loan unenforceable after a possession order had been granted.

    Multiple Claimants v X: group action by disappointed investors against solicitors for losses following failed development.

    Oakglade Investments v Dhand [2012] EWCA Civ 286: readiness to complete upon serving a notice to complete.  Led in the CA by Christopher Nugee QC.

    Acting for multiple claimants in the TCC in an action for recovery of land deposits in relation to substantial delays in the construction of a city centre development.

    Acted for parties in a multi-million pound family trust dispute comprising four main High Court actions concerning issues of undue influence, breach of trust and construction of documents, which settled on favourable terms.

    GROUP LITIGATION/PROCEDURAL LAW

    Particular expertise providing advice and representation in relation to complex disputes involving multiple parties and actions subject to a Group Litigation Order.

    Cases

    Multi-million pound securities fraud litigation on behalf of hundreds of investors against an AIM listed company.  Being led by Philip Marshall QC.

    Group action by disappointed investors against solicitors for losses following a failed property development.

    The Sonae Group Litigation [2015] EWHC 2265 (QB): 18 day trial of 20 test cases (over 18,000 claimants in total) for damage caused following a serious fire. Led by Michael Redfern QC and Nick Bacon QC on costs points.

    Dickinson v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2014] EWHC 3856 (Ch): whether it was an abuse of process to raise issues under the Financial Services and Markets Act 2000 rendering a loan unenforceable after a possession order had been granted.

    Acting for multiple claimants in claims against a bank concerning breach of contract claims in relation to interest rates.

    Nolan v Davenport [2006] EWHC 2025 (QB): application to strike out an application to set aside judgment brought very late in the day.

    BF & M Litigation – acted (as an attorney) in Bermuda for 17/1000 shareholder defendants sued by the liquidators in Bermuda Fire & Marine Insurance Company Limited (in Liquidation) and Others v BF & M Limited and Others, a multi-million dollar reinsurance insolvency case following the collapse of BF & M owing $450m, ultimately settled mid-trial for $35m.

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