Clerking team

Chris Shaw
Chris Shaw

Senior Clerk – Civil, Commercial & Employment Clerk

Rob Lang

Assistant Senior Clerk

Gemma Eachus

Civil Clerk

Xanthé Young

Civil Clerk

Adam Parker

Civil Clerk

“Pépin has considerable knowledge and experience in the data protection field. A persuasive advocate who has the trust of the court.”

Legal 500, 2024 (IT, Telecoms and Data Protection)

“Pépin is very strong technically and gives good, clear advice in the difficult work of structuring group litigation. He is a leading light.”

Legal 500, 2024 (Commercial Litigation)

Strengths: “Pépin Aslett has KC-level ability. Instruct him now before he becomes a silk!”

Chambers UK Bar, 2024 (Banking and Finance)

Strengths: “Pépin is a really good, technical lawyer.”

Chambers UK Bar, 2024 (Commercial Dispute Resolution)

Pépin Aslett is a well-respected barrister acting in a broad range of commercial disputes, including contract, company and fraud claims. He is also qualified at the Bar of Bermuda.

Pépin  is a skilled commercial and chancery practitioner, noted for his expert handling of complex and high-value disputes. He is regularly instructed in tricky banking and finance matters, and has experience appearing in both the High Court and the Court of Appeal.

Pépin has a well-established reputation as a Senior Junior specialising in commercial litigation and data and information law with an emphasis on major and complex litigation. His extensive experience is well suited to disputes spanning many disciplines and he takes a commercial and pragmatic hands-on role to develop case tactics and strategy. He regularly acts as part of a team of KCs, juniors and relevant expert professionals.

In addition to appearing in the Court of Appeal and High Court in England and Wales, Pépin has appeared in Supreme Court of Gibraltar and the courts in Bermuda, where he practised as an Attorney for three years.

Pépin heads up the Business and Property Team in Chambers, and is regularly quoted in the press in relation to aspects of his expertise.

Data & information law

Cases

Numerous trials acting for claimants and defendants in relation to personal data breaches.

CR v Paymaster (1836) Ltd: awaiting judgment from Nicklin J following a heavy strike-out application in a data breach claim where hundreds of police officers’ pensions data was sent to out-of-date addresses.

Metropolitan Police and Greater Manchester Police Data Breaches: acting for officers from both forces following a breach of ID and warrant card data  by a digital services provider

Liverpool University Hospital Foundation Data Breach: acting for multiple staff members following staff records being sent out by email in error

Capita Data Breach: acting for multiple claimants in an action against Capita following a personal data hack affecting hundreds of thousands of individuals.

JD Sports Data Breach: acting for multiple claimants in an action against JD Sports following a cyber-attack in early 2023 affecting circa 10 million individuals.

Dixons Carphone (DSG Retail Limited) Data Breach: acting for hundreds of claimants in a multi-party action against DSG relating to a major data breach of Curries PC World and Dixons Travel affecting over 5.6 million payment processing card details.

Tesco Equal Pay Litigation: advice in connection with subject access requests made by litigants concerning the equal pay litigation against Tesco.

Major Airline Data Breach: advice to ATE insurers in respect of a data breach by a major airline affecting 9 million individuals.

Bounty Data Breach: advice in relation to advancing multi-party claims against Bounty (UK) Limited following the ICO’s finding that Bounty had shared the personal data of over 14 million individuals.

Amersi v CMEC UK Ltd and Leslie: acted for former MP, Charlotte Leslie and the Conservative Middle East Council in defending a high profile claim brought by Mohammed Amersi in relation to a data subject request.

Loqbox Data Breach: acted for multiple claimants in an intended claim against the credit score builder, Loqbox Savings Limited, following a cyber-attack in which personal data was accessed.

Optionis Group Data Breach: acting for claimants in relation to claim against Optionis Group following a cyber-attack leading to tens of thousands of contractors’ personal data being leaked on to the dark web.

DivideBuy Data Breach: acted for around 1,000 claimants in a claim against interest free credit provider, DivideBuy, following a data breach.

Instructed by a Local Authority to act in the interests of children in restraining the broadcast of a television programme relating to the high-profile murder of their mother by their father.

Advised a non-departmental public body on their response to the Information Commissioners’ Office following data protection and freedom of information requests.

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

Acted for an individual in relation to a long-running data protection claim against CAFCASS.

Banking & finance

Cases

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.

Numerous claims against financial advisers under the Financial Services and Markets Act 2000 for substantial losses due to advice given.

Watchstone (formerly Quindell) Litigation: multi-million pound securities fraud litigation on behalf of hundreds of investors against an AIM listed company. Led by Philip Marshall KC.

Acted on behalf of multiple claimants in pension mis-selling claims relating to investments in tree plantations in Cambodia and Costa Rica.

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

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

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

K Ltd v National Westminster Bank plc (HM Revenue & Customs and the Serious Organised Crime Agency intervening) [2007] 1 WLR 311: led in the Court of Appeal by Barbara Dohmann KC and David Berkley KC 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’.

Commercial & chancery litigation

Cases

Advice and representation for the supplier of a Covid-19 “smart mask” in a multi-million pound manufacturing dispute.

Multiple Claimants v WSL and Ors [2018]: substantial action by group of disappointed international investors against solicitors for multi-million pound losses following loss of deposits after failure of a Nevis insurer.

Advised significant biscuit manufacturer/supplier on competition law issues.

Obtained summary judgment in the Technology and Construction Court in a product liability claim against a pet food manufacturer for alleged loss of several pedigree animals.

Acted on behalf of international hydraulic pipework supplier in a supply of goods claim concerning alleged metallurgical failure of a hose assembly causing significant losses.

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.

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

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.

BLOCKCHAIN TECHNOLOGY

Pépin has a particular interest in the difficult and complicated issues surrounding the use of smart contracts on a blockchain and how any disputes that do arise may be resolved.

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

See the various data breach cases above.

Advice and representation to thousands of claimants in the ‘diesel-gate’ claims relating to Mercedes, Nissan and Renault vehicles.

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.

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.

Construction & property

Cases

Acting for a sub-contractor in a multi-million pound dispute concerning the laying of high voltage cables at a Scottish windfarm.

Quilter v Hodson Developments Ltd [2016] EWCA Civ 1125: whether, following misrepresentation inducing a contract a vendor or purchaser should benefit from a later increase in value.

West v Sunset Close Management Ltd: Seven day trial before the Chief Justice in the Supreme Court of Gibraltar (followed by a two-day appeal to the Court of Appeal for Gibraltar) relating to the enforcement of breaches of covenants in a residential lease.

Recently acted for a public figure claimant in a substantial claim against a developer for defective property works to a multi-million pound residential property.

Presently defending an architect’s negligence claim in respect of a £3.6m private residence.

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

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.

Acted 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.

Intellectual property

Pépin has considerable experience in Intellectual Property disputes, including copyright, trade mark, design rights and associated torts of passing off or infringement. This experience extends into his knowledge of data breaches and using illegally obtained information.

Among this experience, he acted 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, including various domain name issues.

Insolvency

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

Advice and representation on a £3m misfeasance claim against a former director following the sale of a property.

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

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

Commercial fraud

Acting for the claimants in a widespread commercial fraud claim valued at £7m, as part of which a worldwide freezing injunction was secured, including over crypto-assets.

Watchstone (formerly Quindell) Litigation [2017-]: multi-million pound securities fraud litigation on behalf of hundreds of investors against an AIM listed company. Led by Philip Marshall KC.

Company

Advice and representation in relation to a wide range of company law issues.

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

Memberships

  • Northern Circuit
  • Business & Property Courts Forum Committee
  • Northern Business and Property Bar Association Committee
  • Law Society Civil Litigation Committee

Publications

  • You can’t be serious: assessing triviality in data breach claims. Communications Law: Comms. L. 2023, 28(1), 9-15
  • The destruction of commercial documents. Company Lawyer: Comp. Law. 2003, 24(12), 357-361
  • Cross-border asset protection: an offshore perspective. Journal of Financial Crime: J.F.C. 2003, 10(3), 229-245