The Legal Cheek View
Part of the bar’s so-called Magic Circle, Fountain Court Chambers is about as elite as they come in the field of commercial law. The heavyweight set is made up of more than 110 barristers, 48 of which are KCs. Home to some of the biggest brains in law, tenants at the set have appeared in some of the best-known cases among law students, including Caparo v Dickman and Bank Mellat v Her Majesty’s Treasury (No.2). The set’s pedigree is certainly impressive: revered ex-judge Tom Bingham passed through here en route to the Supreme Court, as did other big names from the past like Lord Leslie Scarman, Sir Mark Potter, and Sir Henry Brooke. Adding even further calibre, former Supreme Court Justice Lord Wilson joined the set several years back as a door tenant. The set should certainly be high up on any aspiring commercial barrister’s list.
Fountain Court works across the spectrum of the commercial bar. Areas of practice range from banking and finance, commercial disputes, civil fraud, competition, insolvency and restructuring, insurance, professional negligence and professional discipline, to growing expertise in areas like AI, crypto and technology, group litigation, sanctions, sports, and media and entertainment.
The set has carved out a niche in white-collar crime, taking instructions in high-profile investigations such as the ‘London Whale’ (a trader who lost a reported $6.2 billion for JPMorgan Chase & Co. in 2012) and the LIBOR rigging scandals. Public law, particularly as it relates to business and regulation, is a growth area. Nor is it just domestic litigation that the set handles: mediation and arbitration are key areas too, as is work with an international element. In fact, Fountain Court has an office in Singapore. The set is regularly instructed in a variety of jurisdictions, including the Cayman Islands, Trinidad & Tobago, and Turks & Caicos.
The variety of work keeps things interesting, with tenants reporting that their cases are “absolutely top-drawer, first-class, cutting-edge stuff. Cases are very often ‘the biggest’ or ‘the first’, have a high public profile, or involve breaking new ground in the law. I can’t imagine more interesting work.” Given the high-profile and highly complex nature of much of the work, it remains intellectually stimulating too. As one junior puts it: “you have some of the finest minds at the bar to learn from.” Another adds that “chambers now brings in leading sports work,” which is “highly stimulating.” You might expect as much, given the set tends to be instructed by leading US and City firms.
Recent work showcases the set’s formidable commercial litigation strength, and its reach well beyond traditional boardroom battles. In a multi-billion dollar fraud and corruption claim with global dimensions, three Fountain Court barristers (Stuart Ritchie KC, Nico Leslie, and Andrew Currie) acted for the claimant. In Aabar Holdings v Glencore, a dispute concerning allegations of bribery and deceit, Bankim Thanki KC, Nicolas Damnjanovic, and Kit Holliday saw the High Court redefine legal privilege. Members are also littered across the sprawling Dieselgate litigation, with John Taylor KC, James Cutress KC, Samuel Ritchie, Christopher Monaghan, Simon Atrill KC, Sam Hussaini, and Leigh-Ann Mulcahy KC acting for several major car manufacturers in one of the UK’s largest environmental group actions.
More recently, the set has found itself at the heart of some of sport and tech’s most eye-catching disputes. Anneliese Day KC and Max Kasriel act for Formula One Management, while John Mehrzad KC and Ian Simester act for the FIA, in Felipe Massa’s claim arising out of the 2008 Singapore Grand Prix “Crashgate” controversy, a high-profile dispute now heading to the Supreme Court on the scope of unlawful means conspiracy. And in the Competition Appeal Tribunal, Daniel Carall-Green acted for Professor Barry Rodger in successfully resisting Google’s attempt to vary certification in opt-out collective proceedings brought on behalf of UK app developers over allegedly excessive and unfair Play Store commissions. From Formula One title fights to Big Tech competition claims, this is commercial litigation with plenty of headline pull.
One junior at Fountain Court tells us: “there is a lot of high quality work to keep you busy if you want it, but ultimately it is up to everyone how much they take on.” As one insider describes it: “chambers prizes complete individual autonomy, which means you have total control about what work you do and don’t take on. Lots of members take a great deal of time off (either regularly or in more ad hoc ways). Others don’t, but that’s their choice. Some do things like working hard for a few years and then taking it easier for a few years (for example, when they have young children, or want to pursue outside interests like academic research). There is a lot of freedom.”
We hear that pupils are always told to go home by 6pm, which allows them plenty of time for a personal life outside of work, and colleagues are said to be incredibly supportive of one another beyond pupillage too. “There is a great supportive environment within the set, especially among the junior end,” one insider tells us. “The nicest bunch of people you could hope to work with” was another’s review.
Given that tenants get on so well, it is no surprise that there is a good social life at Fountain Court. Whether it be informal pub drinks after work on a Friday or more formal events organised by the set, barristers seem to enjoy spending time together. As one told LC, “lots of members and staff have made great friendships in chambers. There are also regular organised social events, like weekly tea, weekly lunch, sports teams, seasonal drinks, annual parties, etc.”
Chambers itself often provides the ideal setting for these gatherings. Located in the beautiful Fountain Court, home to a famous fountain that survived not only the Blitz but also a fire at the Inn, chambers has undergone a full refurbishment in recent years and now boasts top quality facilities. We are told that everyone gets their own room, something described as a “rarity nowadays,” and some even have views of the ancient mulberry trees lining the court. There’s also some “brilliant IT staff” on hand “who feed into decision-making at the highest level, but are also around to help with updates, printers, software glitches etc.” No mean feat when everyone is running a different IT setup.
For those interested in applying for pupillage at Fountain Court, applications are made through the Pupillage Gateway, and all applicants must have completed an assessed mini-pupillage at the set. Fountain Court looks for academic and intellectual ability, advocacy and communication skill, an ability to think and respond under pressure, the potential to be a successful self-employed practitioner at the commercial bar, and an ability to get on with a range of people, as well as determination, resilience and integrity. Those scoring highest on the Gateway application and during the assessed mini will be invited to interview in front of a panel of seven barristers. The interview consists of a problem question alongside more general questions. Four pupillages are typically offered each year, each with a generous award of £90,000.
Those who are successful can expect to spend their pupillage year with three different supervisors, allowing them to see a variety of practice areas. The first three and last three months are spent with the same supervisor, who has “overall responsibility” for their pupil’s training, while the remaining middle six months are spent with two others. Pupillages here place an emphasis on learning from supervisors, who are described by one insider as “absolutely terrific.” Learning is also “almost entirely on the job” which, in the words of one, “is the best possible training you can get.” The nature of the work means there’s a lot of responsibility even for very junior juniors. Pupils complete specific pieces of work for members and help to prepare pleadings and opinions. They also accompany members to court, and are discouraged from taking on work of their own until the tenancy decision is made, something which is not unusual at commercial sets.
Fountain Court is keen to stress that pupils come “from a range of backgrounds,” although educationally this seems to mean the occasional Cambridge rather than Oxford grad. The set has nonetheless signed up to several initiatives supporting those embarking on a career at the bar, and it appears to take its commitment to equality and diversity seriously. These include Bridging the Bar’s mini-pupillage programme for those from underrepresented groups, and COMBAR’s mentoring scheme.