Adjunct Prof. Jacqueline Perry KC
Arbitrator & Arbitration Counsel
Summary
Jacqueline Perry is dual qualified in English and Welsh Bar and California Bar for many years. She has appeared before all level of superior courts in California and the UK, including the Supreme Court and the Privy Council, and handled matters involving hundreds of millions of dollars or pounds.
Her areas of work span contract and tort. She handles commercial and insurance matters, both in the UK and the US.
Her practice in the recent years includes substantial and highly publicised cases relating to oil operations and spills, rig explosions, coastal pollutions, mining, wind turbine damage, construction, insurance and reinsurance, product liability, professional negligence, personal injury and clinical negligence.
Much of her work has an international flavour and frequently involve complex questions of conflict of laws, jurisdiction, choice of law, limitation, parent company liability, private international law, etc.
Jacqueline is highly thought of by her clients, who instruct her in the sure knowledge of her thoroughness, fearlessness and sound and sensitive approach to all aspects of her work. She has frequently successfully pioneered arguments and points of law or practice.
As a Californian lawyer, Jacqueline has successfully litigated in front of civil juries in the California Superior Court in multi-million-dollar claims.
She is also a qualified mediator.
She is recommended in the most recent editions of Chambers and Partners and Legal 500 for her work in the area of Product Liability.
Practising Jurisdictions
- King’s Counsel, England and Wales
- Attorney, California
Notable Recent/Current Cases
Negotiating a multi-million-pound settlement for some 7500 citizens of the Bodo region in the Delta area of the Republic of Nigeria arising from serious oil spills perpetrated by Shell Nigeria. This required considerations of local Nigerian statute as well as common law applications of nuisance and negligence and addressing the jurisdictional arguments raised as to bringing the claims in England.
Settlement of another oil spill by Shell following proceedings in Nigeria, attempted registration of the £110 million judgment in England and finally substantially assisting in settlement of the same for £88 million in Nigeria.
Ongoing matter involving Israeli clients in respect of oil operations in Georgia.
Co-counselling with fellow partner, Neil Fraser Esq., in ongoing litigation on behalf of 12,500 persons all residing in the coastal plains of Nigeria, against Chevron Corporation which has been conducted in the Federal Court in San Francisco. The claim arises from a catastrophic explosion on the rig KS Endeavor.
Advising on mining claim in Sierra Leone on behalf of thousands of farmers whose land was despoiled by rutile mining over many years and who received no compensation.
Successfully resisting a ‘Norwich Pharmacal’ application by the Defendant, Trafigura arising out of ongoing litigation in the Netherlands in relation to alleged pollution in the Ivory Coast affecting Ivorians.
Claim for professional negligence arising out of Trafigura dumping in the Ivory Coast.
Advising on a matter heard in the DIAC involving an Indian/Arabian company.
Advising senior government official in Equatorial Guinea.
Ongoing claim against Vodacom in the Dem Rep of Congo.
Ongoing matters with Libyan Investment Authority including advising in respect of a claim in the Caymans.
Notable Recent Past Work
Advising on the terms of an English insurance policy under both Californian law and English common law as applied to a $250 million turbine damaged in a hurricane in the Philippines and disputes regarding the extent of the claim.
Advising a client on an arbitration involving $60 million dispute with reinsurers on a CAR policy arising out of a $250 million hydraulic power plant project in the Philippines which was devastated by a typhoon in 2009.
Acting in a significant claim for professional negligence in the Commercial Court against solicitors, resulting in multi-million-pound damages for the Claimant. The case arose from the alleged pollution by Trafigura in the Ivory Coast. Jacqueline was instructed in behalf of almost 6000 Ivorians who were deprived of their compensation following the settlement with Trafigura.
Acting in an appeal from the Court of Appeal to the Supreme Court in a claim against the Bank of Scotland in relation to an investment scheme.
Advising on a difficult and sensitive insurance claim arising out of a dispute on an employment policy.
Succeeding in obtaining a unanimous jury award of more than £3 million on behalf of a sub-contractor against one of the world’s largest construction corporations (Manufacturing Automation Solutions Inc v Kiewit Pacific Co) in relation to the installations of control systems into an LA County water pumping station.
Arguing a complex matter for clients in St. Lucia in the Privy Council on the interpretation of the St. Lucia civil code as it applied to a dispute on a hypothec between her clients and the First Caribbean International Bank.
Advising the New York Federal Court in respect of the execution of a multi-million pound judgement against the Iranian Government that arose from a hostage taking situation.
Advising the Solicitors’ Regulation Authority in respect of claims brought against it in California and on the application of recognition of English jurisdiction in the Californian courts.
Successfully arguing that the BSB Template Direct Access contract, in the context of the case that it was used, was unenforceable against the lay client.
Advising the NHSLA as to contribution claims against a Californian surgeon in respect of medical treatment following patient’s treatment in Britain.
Advising the ‘Bad Blood’ tribunal for the Chairman’s Report in respect of usage of material from US (mainly) Federal cases that were heard arising from the same factual matrix as the Enquiry covered.
Advising on the M1 disaster when a trailer carrying military tanks overturned involving some 23 vehicles, some 6 deaths and multiple personal injury claims. The real issues revolved around which vehicle and therefore which insurer was responsible for the claims arising from the incident.
Advising on both procedure and substantive issues in respect of a claim by a Californian, injured when disembarking a plane in London, who sued in Federal court in California.
Securing a multi-million-dollar settlement for a client in San Francisco arising out of a road accident.
Achieving in Seattle, Washington State, a multi-million dollar settlement in Ellis deceased v Democon and others, which was a wrongful death claim as a consequence of a defectively designed axle locking nut on a trailer (product liablity case).
Advising on the multi-party claim in respect of the Thalidomide victims which now encompasses the prospect of recovery on behalf of European victims against the original manufacturers of the drug in Germany. Over the years she has ‘taken on’ Guinness plc, Diageo plc and HM Government as part of these proceedings.
Acting in the multi-party action against Glaxo Smith Kline in relation to the safety of the SSRI antidepressant drug Seroxat (paroxetine), which litigation was revived under Jacqueline with a team of Counsel including another silk, senior junior and altogether a team of 5 barristers.
Leading in a number of cases seeking compensation for damage caused by mesh implants. The first of these has now settled and substantial damages have been recovered for the client.
Advising in California as lead trial counsel in litigation involving carbon monoxide poisoning arising out of faulty heating equipment. The case was heard in Napa Valley, California and comprised a claim for personal injuries sustained as a consequence of a faulty product.
Notable Cases
Atay v Glaser & Miller [2023] EWHC 2539 (KB): unfairness of direct access contract found.
Chewings v Williams [2009] EWHC 2490 (QB): Serious leg injuries. Risk of deterioration. Possibility of amputation. Whether provisional damages suitable and if so, for what period.
Armsden v Kent Police [2009] EWCA Civ 631: Duty of care of emergency vehicles when answering urgent response calls.
Sahakian v McDonnell [2007] EWHC 3242 (QB): Causation; contributory negligence; speed contributing to severity of injury and whether this should be a factor in the negligence of driver.
Daniels v Metropolitan Police Commissioner [2006] EWCA 1622: Costs dispute arising out of very late service of evidence.
Chester v Afshar [2004] UKHL 41: Autonomy of patient when doctor seeking consent for surgery.
Bacon v White (1998): Fatal diving accident and issue of contributory negligence of novice diver.
Lewis v Osborne (1995): Value of a mother’s services following her death in RTA when vehicle driven by claimant’s father.
Birch v Hales Containers (1992) [CA]: Early decision on admissibility of surveillance evidence – when appropriate.
Appointments
King’s Counsel — 2006
Fellow of the International Academy of Trial Lawyers — 2009
Bencher of Gray’s Inn — 2005
Master of Students, Gray’s Inn — 2009-2011
Grade “A” Advocacy Trainer for Gray’s Inn
Prepared and presented talk on GDPR for Grays Inn students — 2018, 2019
Appointed Adjunct Professor at the Strauss Institute at Pepperdine University — 2018
Researched, prepared and presented Webinar on causation issues presented for MBL — 2017
Invited lecturer on corporate litigation by Pepperdine University Law school, London programme — July 2013
Selected by the South-Eastern Circuit to participate as a faculty member in the civil advocacy course run at Florida University — May 2013
Panel speaker for Gray’s event “Call to the International Bar” — April 2011
Bar Conference: invited panel participant for Association of Women Barristers — 2010
Speaker on Corporate Manslaughter at Lady Margaret Hall, Oxford — May 2010
Co-presented discussion for Californian lawyers forum on comparative disclosure rules with Associate Justice William Rylaarsdam, Judge of the Appeal Court of Orange County — 2006
Women’s Lawyer Conference, invited speaker — 1999
Publications
Royal Society of Medicine, a UK Consulting Editor for “Medicine, Science and the Law”.
Co-authored paper on proposals for the future of the Inns of Court and re-organisation of the legal professions in England & Wales — published by ‘Graya’ — June 2013.
Co-authored with Peter Carter QC paper on ethics as part of presentation package for Gray’s Inn students and trainee barristers — 2009.
Developed and pioneered teaching course for restraining orders pursuant to Drug Trafficking Act 1986 and Criminal Justice Act and provided training to Metropolitan Police both at New Scotland Yard and Hendon Detective Training School 1986-1993.
Under nom-de-plume (Nicola Charles): provided legal advice for popular Women’s magazines and appeared regularly on Granada’s “This Morning” programme as well as GMTV 1989-1998. For some 7 years featured as one of Jimmy Young’s team broadcasting legal advice on Radio 2.
Co-wrote with writer and journalist, Janice James, two books (i) The Rights of Woman (Arrow 1990) and (ii) Know Your Law (Pavilion 1995) — this was republished in Japan with Japanese notations for teaching English in 2001.
Paper written 1988 at request of head of Policy Studies Unit of IOD on English and European Jurisprudence.