Lizzie Hill (the Commercium Colloquium's Bloomsbury Ambassador, GDL 2012/13) reviews the 02/05/2013 visit of Raj Parker, partner at Freshfields Bruckhaus Deringer LLP:
Background
Raj Parker, now a dispute resolution partner at the London office of Freshfields Bruckhaus Deringer, started at the criminal bar then took on a job at Lloyd’s at a time of scandal and corruption during which he instructed Freshfields, and subsequently (hesitantly) took on a job there which he found he really enjoyed. His favourite thing about working at Freshfields is the quality of work, the variety and challenge and the people. He runs the pro bono practice.
Dispute resolution
The Freshfields team covers a huge number of different industry areas such as sports, construction, insurance, energy, media and telecoms, banking.
Sports has included a lot of work for the FA since the 80s, such as a bid to introduce AstroTurf to allow play in the UK in bad weather conditions, which the ECJ and UEFA blocked. Margaret Thatcher was quite concerned with hooliganism as a problem in football, and Raj Parker had the opportunity to participate in think tanks and policy and help the FA deal with some of these issues. Then the Hillsborough disaster happened and Freshfields represented the FA on matters with fans and the police and advised on introducing seated stadia. Much of the documentation surrounding Hillsborough is now available online. The Report of the Hillsborough Independent Panel in September 2013 upheld the Taylor Report's finding that the fans weren’t to blame and the authorities were – there may be further litigation and compensation in this area.
In 1991, Raj Parker helped prepare and set up the Premier League as the Football League First Division was breaking away from the Football League. Several actions were brought to block this move, including a judicial review claim that it would be ultra vires to form the Premier League as it was moving into the private commercial realm and the FA was a public body, and a breach of contract claim that the Football Association wasn't fairly considering all 92 clubs in the Football League. Ultimately all such actions failed. Raj Parker had no idea what he had helped create, and the Premier League's value soared from circa £300 million in 1992 to over £3 billion today.
Other notable work in the sports arena involved Lance Armstrong and the International Cycling Union, LOCOG and London 2012, Qatar and the 2022 FIFA World Cup, and the Board Of Control For Cricket In India. Raj Parker also works in white-collar crime. This area is seeing a lot of activity at the moment, as is regulatory work.
The current legal landscape
Raj Parker notes an increasing number of crises such as the Deepwater Horizon accident and more hostile bids, unexpected events, and natural disasters. Economic woes have led to more risk-taking, and therefore to more collapses and more 'man-made' disasters.
The emergence of the 'BRIC' economies means that companies are expanding into areas with different business cultures (and regulation), and this means a lot of work to manage risk. Raj Parker mentioned Bumi's issues in Indonesia.
There is an increasing number of class and collective actions in the UK, albeit not yet on a par with America.
There are also growing concerns about the safety of data – especially hacking, by both businesses and states, in defence, finance, and healthcare. Privacy is therefore set to be a big growth area.
Joint ventures in Asia mean more work with different and difficult antitrust laws, and more need to identify and manage risks.
The government sees commercial litigation as a jewel in the crown of British law, and somewhat as a cash cow. Many big international disputes are brought to London and the government is keen to encourage this and to secure London’s place as the pre-eminent arena for arbitration and litigation.
Many international disputes, such as those between Russian businessmen, come to London as people have confidence in English law owing to the high calibre and integrity of the judiciary, who are 'beyond reproach'. All cards are laid on the table and parties have a chance to cross-examine. Litigants also like the public nature of justice, whereby back-room deals and unrecorded minutes are exposed. There are also equitable remedies such as freezing orders, and the chasing of payments as judgments are enforced.
Pro bono
In Hong Kong, the practice has brought medical negligence claims against an international hospital which had been systematically at fault.
Criminal tribunals in former Yugoslavia re genocide involved Freshfields lawyers from offices all over the world.
Trainees have the opportunity to attend clinics and give legal advice, e.g. on child homelessness.
Freshfields help UK asylum-seekers with a very high success rate.
Background
Raj Parker, now a dispute resolution partner at the London office of Freshfields Bruckhaus Deringer, started at the criminal bar then took on a job at Lloyd’s at a time of scandal and corruption during which he instructed Freshfields, and subsequently (hesitantly) took on a job there which he found he really enjoyed. His favourite thing about working at Freshfields is the quality of work, the variety and challenge and the people. He runs the pro bono practice.
Dispute resolution
The Freshfields team covers a huge number of different industry areas such as sports, construction, insurance, energy, media and telecoms, banking.
Sports has included a lot of work for the FA since the 80s, such as a bid to introduce AstroTurf to allow play in the UK in bad weather conditions, which the ECJ and UEFA blocked. Margaret Thatcher was quite concerned with hooliganism as a problem in football, and Raj Parker had the opportunity to participate in think tanks and policy and help the FA deal with some of these issues. Then the Hillsborough disaster happened and Freshfields represented the FA on matters with fans and the police and advised on introducing seated stadia. Much of the documentation surrounding Hillsborough is now available online. The Report of the Hillsborough Independent Panel in September 2013 upheld the Taylor Report's finding that the fans weren’t to blame and the authorities were – there may be further litigation and compensation in this area.
In 1991, Raj Parker helped prepare and set up the Premier League as the Football League First Division was breaking away from the Football League. Several actions were brought to block this move, including a judicial review claim that it would be ultra vires to form the Premier League as it was moving into the private commercial realm and the FA was a public body, and a breach of contract claim that the Football Association wasn't fairly considering all 92 clubs in the Football League. Ultimately all such actions failed. Raj Parker had no idea what he had helped create, and the Premier League's value soared from circa £300 million in 1992 to over £3 billion today.
Other notable work in the sports arena involved Lance Armstrong and the International Cycling Union, LOCOG and London 2012, Qatar and the 2022 FIFA World Cup, and the Board Of Control For Cricket In India. Raj Parker also works in white-collar crime. This area is seeing a lot of activity at the moment, as is regulatory work.
The current legal landscape
Raj Parker notes an increasing number of crises such as the Deepwater Horizon accident and more hostile bids, unexpected events, and natural disasters. Economic woes have led to more risk-taking, and therefore to more collapses and more 'man-made' disasters.
The emergence of the 'BRIC' economies means that companies are expanding into areas with different business cultures (and regulation), and this means a lot of work to manage risk. Raj Parker mentioned Bumi's issues in Indonesia.
There is an increasing number of class and collective actions in the UK, albeit not yet on a par with America.
There are also growing concerns about the safety of data – especially hacking, by both businesses and states, in defence, finance, and healthcare. Privacy is therefore set to be a big growth area.
Joint ventures in Asia mean more work with different and difficult antitrust laws, and more need to identify and manage risks.
The government sees commercial litigation as a jewel in the crown of British law, and somewhat as a cash cow. Many big international disputes are brought to London and the government is keen to encourage this and to secure London’s place as the pre-eminent arena for arbitration and litigation.
Many international disputes, such as those between Russian businessmen, come to London as people have confidence in English law owing to the high calibre and integrity of the judiciary, who are 'beyond reproach'. All cards are laid on the table and parties have a chance to cross-examine. Litigants also like the public nature of justice, whereby back-room deals and unrecorded minutes are exposed. There are also equitable remedies such as freezing orders, and the chasing of payments as judgments are enforced.
Pro bono
In Hong Kong, the practice has brought medical negligence claims against an international hospital which had been systematically at fault.
Criminal tribunals in former Yugoslavia re genocide involved Freshfields lawyers from offices all over the world.
Trainees have the opportunity to attend clinics and give legal advice, e.g. on child homelessness.
Freshfields help UK asylum-seekers with a very high success rate.
