Russell Butland
Counsel
London
Russell Butland
Counsel
London
Contact Details
Russell has experience in advising major international corporations and financial institutions on a wide range of commercial disputes in the English Courts and international arbitration proceedings.
He has particular expertise in insurance disputes, regularly acting for policyholders in high value, complex claims under professional indemnity, directors and officers, property damage and business interruption, aviation, and trade credit and political risk claims. In addition to advising on insurance litigation, Russell also has particular expertise acting for defendants in competition damages claims.
Russell is ranked “Up and Coming” for Insurance: Policyholders in Chambers, and his directory quotes from clients include: ""Russell explains complex subjects in a straightforward and easy to understand way. He understands our goals and is very commercial."", ""He made us feel we were in good hands every step of the process."" (Chambers UK 2023) and ""Russell Butland - Strikingly able and tests every angle of an issue, with great results."" (Legal 500 UK 2022).
Russell has been awarded Higher Rights of Audience (Civil), and he also sits as a Recorder (a part-time judge) in the Family courts, having previously sat as a Legally Qualified Chair of Medical Practitioner Tribunals.
Qualifications
Professional
Appointed as a Recorder to the London and South Eastern Circuit, 2019
Appointed as a Legally Qualified Chair of Medical Practitioner Tribunals, 2017
Awarded Higher Rights of Audience (Civil), 2014
Admitted as solicitor, England and Wales, 2010
Academic
Related articles
Publications: 07 December 2022
Russia-Ukraine conflict - Update on aviation insurance claims
As the Russia-Ukraine conflict continues, claims under aviation insurance policies have been a key focus, with a flurry of claims recently issued in the English, US, and Irish courts, and secondary…
Blog Post: 03 November 2022
Directors' duties and the expanding risk of climate litigation
Experience highlights
Advising Hiscox Insurance Company Limited in the business interruption insurance COVID-19 test case bought by the FCA. This was the first case to use the new Financial Markets Test Case Practice Direction, and was expedited to proceed from issuance on 2 June 2020 to a four-day Supreme Court hearing in mid-November 2020 (The Financial Conduct Authority v Arch Insurance (UK) Ltd & Ors [2021] UKSC 1).
Advising Prudential Assurance Company Limited on the first ever appeal of a decision on a Part VII transfer of insurance business to the Court of Appeal. PAC’s appeal was succeeded in November 2020 in a landmark decision for the Part VII regime (Re Prudential Assurance Company Ltd and Rothesay Life plc (Part VII of the Financial Services and Markets Act 2000) [2020] EWCA Civ 1626)
Acting for the Scania group in relation to private damages claims and potential collective action proceedings arising out of the European Commission’s decision in relation to the market for medium and heavy trucks.
Acting for NatWest Group plc in relation to claims under its comprehensive crime insurance arising out of exposures to the Madoff fraud, in the Commercial Court.
Qualifications
Professional
Appointed as a Recorder to the London and South Eastern Circuit, 2019
Appointed as a Legally Qualified Chair of Medical Practitioner Tribunals, 2017
Awarded Higher Rights of Audience (Civil), 2014
Admitted as solicitor, England and Wales, 2010
Academic
Other noteworthy experience
Advising:
- Hiscox in the financial markets test case proceedings commenced by the FCA in relation to business interruption insurance cover for COVID-19 losses. This was the first ever use of the new test case procedure in the English Civil Procedure Rules, in proceedings that went to the Supreme Court on an expedited basis (Arch Insurance (UK) Ltd & Ors v Financial Conduct Authority [2021] UKSC 1).
- Prudential, in the successful appeal of the High Court’s refusal to sanction a transfer of a pensions portfolio to Rothesay Life under Part VII of FSMA 2000. This was the first occasion in 150 years in which the relevant legislation was considered by the Court of Appeal, setting the leading precedent in this area (In the matter of Prudential Assurance Company Ltd and Rothesay Life Plc [2020] EWCA Civ 1626)
- Scania in one of the largest-ever European cartel cases, where a group of truck makers were found to have colluded over 14 years to share information as to prices and the introduction of new emissions standards to customers in the market for medium and heavy trucks.
- 441 Trust Company Limited, in relation to the suite of competition damages claims across Europe against Visa Inc. and Visa Europe.
- A number of funds and distressed investors in relation to the acquisition of insurance claims in respect of aircraft lost as a consequence of the conflict in Ukraine.
- A global financial institution on claims under its professional indemnity and directors and officers’ insurance policies arising out of regulatory and criminal investigations and third party claims in relation to cum/ex dividend arbitrage trading strategies.
- A financial institution on claims under its professional indemnity insurance in relation to claims by Italian local authorities for alleged breach of duty relating to selling interest rate swaps and including complex conflicts of laws issues.
- Operators of power stations, LNG terminals, and chemicals and fertilizer plants on recoveries under property damage and business interruption insurances following damage to infrastructure.
- A major insurer in connection with claims under its insurance cover relating to potential liability for annuity sales practices.
- A major supermarket in relation to adjudication proceedings under the Groceries Code.
Pro bono
- Participating in the scheme set up by Lord Justice Jackson to provide pro-bono representation to litigants-in-person applying for permission to appeal to the Court of Appeal;
- Acting for Bail for Immigration Detainees as an intervener in in BA & Ors v Secretary of State for the Home Department [2012] EWCA Civ 944.
- Volunteering as a school governor of Brentford School for Girls in West London for a number of years, and more recently to sit on Education Appeals Panels for Harrow Local Education Authority.
- Volunteering at the Royal Courts of Justice Citizens’ Advice Bureau, on Liberty’s public advice line, and running the 2013 London Marathon to raise funds for Liberty.
Published work
- Author of England & Wales Chapter of The Insurance Disputes Review, First to Third Editions (2018 to 2020).
- Author of United Kingdom chapter of Insurance Litigation 2017 and 2018, published by Getting The Deal Through.
- “Brexit: Corporate Communications And UK Election Laws,” Law360 (Feb. 18, 2016), with Charles Borden and Samuel Brown.
- Regular contributor to Allen & Overy LLP's monthly Litigation Review publication and Compact Contract blog.
Recognition
Russell Butland is intellectually extremely rigorous.
Legal 500, 2020
