Pépin Aslett – Deputy Head of Commercial

Pepin Aslett - Barrister at St John's Buildings

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.”

“He is a joy to work with – he is very thorough and very, very good at the paperwork.” Chambers & Partners 2019

“Extremely bright and an exceptional advocate.” Legal 500 2019

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.

In addition, Pépin is regularly instructed by businesses to draft key documents and provide non-contentious advice on a broad spectrum of commercial issues.

Memberships

  • Northern Circuit

Legal Directory Recommendations

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.” Chambers & Partners 2018

“An experienced and forceful advocate.” Legal 500 2017

“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.

    Acting on behalf of hundreds of claimants in relation to pension mis-selling claims.

    Regulatory based claims against financial advisers for substantial losses due to advice given.

    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 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’.

    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).

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

    Tatch & Anor v Claughton (CA) [2007] EWCA Civ 559: 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.

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

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  • Company and Commercial

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

    Cases

    Various commercial drafting including: website terms and conditions, privacy policies and bespoke commercial contracts and terms and conditions.

    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.

    Various advice and representation in relation to trademark disputes, out of court, in opposition proceedings and at court.

    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.

    Advised a non-departmental public body on response to 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 in error.

    Currently acting for an individual in relation to a data protection claim against a major non-departmental public body.

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

    Acted for company in respect of claim for losses due to breach of non-solicitation and non-compete clause in employment contract.

    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.

    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.

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  • Property and Private Client

    Cases

    Currently acting for a claimant in a substantial claim against a developer for defective property works to a £3.4m 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.

    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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