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XXIV
GENEVA
XXIV Old Buildings
11, rue du Général-Dufour
CH - 1204, Geneva
Switzerland
Tel: +41 (0)22 322 2500
Fax: +41 (0)22 322 2515
LONDON
XXIV Old Buildings
Lincoln's Inn
London WC2A 3UP, UK
Tel: +44 (0)20 7691 2424
Fax: +44 (0)870 460 2178
practicemanagers@xxiv.co.uk

Edward specialises in most areas of chancery and commercial work as part of his busy practice. Chambers and Partners (2016) recommends him as a leading junior for chancery and offshore disputes as well as for commercial litigation, company litigation and aviation disputes, saying: "He is a lion in court," "incredibly bright with a maturity well beyond his years at the Bar," and "an outstanding junior who is one to watch".  Legal 500, which has long recognised him to be "surely destined for great things" and as a "rising star", ranks him (in its latest 2015 edition) as a leading junior in six categories. His chancery expertise is recognised by his recommendation for private client: trusts & probate, company & partnership, and insolvency. His commercial expertise is recognised by his recommendation for commercial litigation, aviation, and banking & finance.

Solicitors praise him further as "a superb junior and great team player who combines intellect with great enthusiasm" and "a human dynamo - always available for a call and ready to assist".  He is said to be "technically gifted, very approachable and always willing to go the extra mile", "absolutely one to watch; if his star hasn't risen already, it's certainly rising very quickly" and "excellent with clients... his quality of work is exceptional."Ferociously hard-working and always a delight to deal with, he's clever, energetic and good at getting quickly to the nub of the problem" as well as a "formidable advocate" who has "a fearlessness that makes him fight hard for his clients". 

Edward read Law at Downing College, Cambridge where he was President of the Cambridge Union.  After leaving Cambridge he was a Thouron Fellow at the University of Pennsylvania, studying at both the Law School and Wharton Business School.  He then became director of a group of engineering and property management companies, acquiring a practical understanding of the commercial realities of business and, in particular, company law, before completing pupillage at XXIV Old Buildings.

He frequently appears in trials in the High Court and in arbitrations (both led and as sole counsel), and, in the past year, has been instructed on appeals to the Court of Appeal (as sole counsel), to the Privy Council and to the Supreme Court (as sole counsel). He also has extensive experience of interlocutory hearings, petitions and other applications. He is regularly asked to give advice, both orally and in writing, to settle pleadings and to draft other documents as part of his busy practice.

His recent work includes:                                                                                                                               

  • Libyan Investment Authority v Goldman Sachs International [2014] EWHC 3364 (Ch) and (ongoing): Edward, led by Roger Masefield QC, acts for the LIA on its claim in the Chancery Division that, during the Gaddafi era, Goldman Sachs procured the LIA to enter into derivative investments of around US$1.2 billion by undue influence and/or that the investments were unconscionable bargains.  The case has been described by The Lawyer as one of the top 20 cases of 2016.                                                                                                                     
  • Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839, [2014] All ER (D) 152, [2014] EWHC 3240 (Comm) and (ongoing): Edward is instructed on behalf of Capita in this dispute arising from its takeover of a leading specialist insurance broker.  As sole counsel (appearing against a QC) Edward successfully obtained judgment on a preliminary issue as to the proper construction of an indemnity in the share purchase agreement in the Commercial Court.  Although the Court of Appeal overturned that decision, Edward, still acting as sole counsel, has recently successfully obtained permission to appeal from the Supreme Court.                                                                                                                                                                                                  
  • Libyan Investment Authority v Société Générale SA & others [2015] EWHC 550 (Comm) and (ongoing): Edward, again led by Roger Masefield QC, also acts for the LIA on its claim to set aside various derivative investments of around US$2.1 billion made during the Gaddafi era and said to have been procured by a fraudulent and corrupt scheme.                                                                                                                                                              
  • Crociani and others v Crociani and others (2015) 17 ITELR 624, [2014] UKPC 40, [2014] All ER (D) 287 (Nov), [2014] JCA 095, [2014] JCA 089 and (ongoing): major trust litigation in both Jersey (where there have already been nine judgments of the Royal Court and Court of Appeal) and Mauritius, involving claims for more than US$100 million for alleged breaches of trust.  In October 2014 Edward appeared in the Privy Council on behalf of the former and present trustees, resulting in the leading decision on jurisdiction clauses in trust instruments, a judgment which STEP has described as "landmark" and as having "far-reaching implications for trust lawyers".                                                                                                                                                                                                            
  • Fox v Hall [2015] EWCA Civ 794[2014] All ER (D) 78[2014] EWHC 2747 and [2014] EWCA Civ 930: Edward acted as sole counsel for the successful defendant (the son-in-law of an Oscar-winning actor).  The claim concerned (a) alleged harassment said to arise from the defendant's own earlier pursuit of harassment proceedings and a complaint to the police regarding the claimant's attempts to recover an alleged debt, and (b) whether, in fact, any debt was owed.  The final judgment, given after a week-long High Court trial, praised Edward's "forceful and skilful cross-examination" as well as the "skill and courtesy" with which he successfully presented the defendant's case.                                                                                                                                                                  
  • Key Homes Bradford Ltd & others v Patel [2015] 1 BCLC 402: a ground-breaking recent decision of considerable practical importance. Edward successfully persuaded the High Court to find that section 1140 of the Companies Act 2006 allows a claimant to serve a company director with proceedings at the director's registered address in the UK without seeking the court's permission and regardless of whether (a) the proceedings concern that company or (b) the director resides outside the jurisdiction.                                                                                              
  • ACG Acquisition XX LLC v Olympic Airlines SA (in special liquidation) [2013] 1 Lloyd's Rep 658, [2013] EWCA Civ 369 and [2012] EWHC 1070 (Comm): the first case to consider the meaning of 'airworthiness' of an aircraft. Edward, led by Philip Shepherd QC, represented Olympic Airlines both in the Court of Appeal and at the Commercial Court trial of this US$17million dispute over a Boeing 737-300 which was found to have been unairworthy at the time that it was delivered to the Greek flag carrier airline.                                                                                                                                                                       
  • Thomas & Pick v Jakes & Nestarec [2012] All ER (D) 131, [2012] EWHC 525 (Ch) and [2011] EWHC 2619 (Ch): acting as sole counsel for English liquidators Edward successfully pursued an application to commit two company directors to prison for their contempt of court in transferring bearer shares to a third party, notwithstanding an order that they deliver them up, and in deliberately deceiving the court at an earlier hearing by advancing a false case.  Each respondent was sentenced to 1 year's imprisonment.                                                                                                                                                                           
  • Major trust litigation, which settled partway through a lengthy trial in the Chancery Division, by which one of four trusts claimed to be entitled to exercise a right of pre-emption in relation to another trust’s interest in companies owning a substantial London commercial and residential property: see Fattal and others v Walbrook Trustees (Jersey) Ltd and others [2011] 1 All ER (Comm) 647[2010] EWHC 2767 (Ch) and [2010] EWHC 3049 (Ch). Edward was led by Alan Steinfeld QC and Elspeth Talbot Rice QC.                                                                                             
  • Interest rate swap mis-selling claims and other substantial banking litigation (ongoing). Edward acted on many of the first civil claims against major banks concerning the alleged mis-selling of interest rate swaps and other interest rate hedging products, and has particular expertise in this area.                                                                                                                                         

Please tick the boxes below to display further information on specialist areas of Edward's practice.

Areas of experience

+ Trusts, Probate & Estates
+ Commercial Litigation
+ Aviation
+ Insolvency
+ Company
+ Partnership and Joint Ventures
+ Banking and Financial Services
+ Hedge Funds & Structured Investment Vehicles
+ Civil Fraud, Asset Tracing & Recovery
+ Real Estate Litigation
+ Professional Negligence
+ Sport and Media

Related events

XXIV Fifth Annual Caribbean Conference 2015
5 Nov 2015

XXIV Geneva Conference 2015
16 Sep 2015

Elspeth Talbot Rice QC co-chairing at Transcontinental Trusts Forum
16 Jun 2015

XXIV Caribbean Litigation Seminar 2014
6 Nov 2014

XXIV Caribbean Conference 2013
6 Nov 2013

XXIV's hosts Annual Caribbean Seminar in the Cayman Islands
6 Nov 2013

XXIV Geneva Conference 2013
12 Sep 2013


Related news

XXIV featured in The Lawyer Top 20 Cases of 2016
19 Jan 2016

Edward Cumming writes for the STEP Journal on the decision in Crociani v Crociani
9 Jul 2015

Edward Cumming involved in key decision on confidentiality clubs in fraud claims
6 Mar 2015

XXIV volunteer to provide pro bono arbitration training in Nepal
13 Mar 2014

Edward Cumming is successful in ground-breaking case on service on foreign individuals under the Companies Act 2006
13 Jan 2014

XXIV gains record number of recommendations in new Chambers & Partners directory
2 Jul 2013


Related legal updates

Edward Cumming comments in The Lawyer on the FSA's response to bank misselling issues
31 Jul 2012

Commercial Court considers meaning of ‘airworthiness’ for first time
2 May 2012

Citywealth Leaders List Cumming, Edward The Legal 500 - The Clients Guide to Law Firms