JERN-FEI NG

JERN-FEI NG
Born 1979
Essex Court Chambers
24 Lincoln’s Inn Fields
London WC2A 3EG, United Kingdom
Tel: +44 (0) 20 7813 8000
Fax: +44 (0) 20 7813 8080
Email: jfng@essexcourt.net
Maxwell Chambers
32 Maxwell Road #02-12
Singapore 069115
Practice
Jern-Fei Ng has a broad commercial and tax practice with a particular
emphasis on civil fraud, insurance and reinsurance, international
arbitration, oil and gas, shipping, VAT and IPT. Acts as an advocate
(with and without leading counsel) and in an advisory capacity in a
wide array of matters before courts and tribunals in different
jurisdictions. Has offices in London and Singapore and is admitted to
the courts of the Dubai International Financial Centre.
Has in the past year been involved in two of the top 10 court battles of
the year and appeared (as sole counsel) on behalf of a large
multinational bank in proceedings before the ECJ.
Recommended by Legal 500 (2008, 2009, 2010) as a leading junior in
civil fraud: “Jern-Fei Ng’s ‘relentless energy and precise attention to
detail make him invaluable.’” He is in addition praised for his
“consummate ability to plead complex statements of case in short
spaces of time”.
Recommended also by Legal Experts (2009, 2010) in the field of fraud
(asset recovery).
Career 2003
2002
Education 2005
2002
2001
Awards 2003
2002
2001
2001
2001
2000
2000
1999
Judicial Assistant to the Rt Hon Lord Justice Thomas
Called to the Bar (Lincoln’s Inn)
MA, Trinity College, University of Cambridge
Bar Vocational Course, Inns of Court School of Law
BA (Law) (Hons), Trinity College, University of Cambridge
Levitt Scholarship, Lincoln’s Inn
Hollond Scholarship, Trinity College (awarded but unable to
accept)
Whittaker Scholarship, Trinity College
Sir Thomas More Award, Lincoln’s Inn
Octo-Finalist, World Universities Debating Championships
Hardwicke Scholarship, Lincoln’s Inn
Winner, Clifford Chance European Inter-Varsity Debating
Competition
Fellowship, Cambridge Commonwealth Trust
Languages
Specific Areas
Cantonese, Indonesian, Malay, Mandarin
Arbitration
Experience in a wide range of domestic and international arbitrations
in England and abroad (including ad hoc arbitrations and those
conducted pursuant to ICC, LCIA, LMAA and UNCITRAL rules) and
also in arbitration-related applications before the Commercial Court:
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• Acted for a large US insurer in an ad hoc arbitration concerning
the Bermuda excess liability form. Claim settled before final
hearing.
• Instructed for a large Korean conglomerate in a LCIA arbitration
involving a claim for US$35 million in respect of the construction of
an offshore oil and gas platform in the South China Sea.
Substantial damages awarded by the tribunal in favour of the
Korean claimant.
• Acted as secretary to the tribunal in an arbitration conducted
under the UNCITRAL Arbitration Rules in relation to the
construction of a cross-border gas pipeline.
• Acting in an ongoing arbitration against a well-known global oil
and gas trader involving a claim of US$22m for breach of contract
and misrepresentation. Final hearing fixed for 2011.
• Experience in an array of arbitration-related applications before
the courts, including applications under ss.67, 68 and 69 of the
Arbitration Act 1996.
Has written and lectured widely on arbitration matters including a stint
as a guest lecturer on the London School of Economics’ LLM course
on International and Comparative Commercial Arbitration.
Civil Fraud
Instructed in some of the largest civil fraud actions heard in England in
the past year, including the US$1 billion Fiona Trust litigation and CNA
Insurance Company Ltd v Willis Ltd (both of which are referred to in
greater detail in the Commercial Litigation section below). Also act
regularly in civil cases involving fraudulent evasions of tax.
Recommended by Legal 500 (2008, 2009) as a leading junior in civil
fraud and by Legal Experts (2009, 2010) in the field of fraud (asset
recovery).
Commercial Litigation
Has acted in a broad range of commercial disputes (whether
commenced in the Commercial Court or the Chancery Division), the
highlights of which include the following:
• Fiona Trust litigation. Appeared for the former President of
Novoship (one of the largest shipping corporations in Russia) in a
75-day trial in the Commercial Court involving allegations of fraud
and breach of fiduciary duty. Judgment pending.
• CNA Insurance Company Ltd v Willis Ltd. Acted for CNA in
bringing claims for deceit against the defendant. The action was
set down for a 10-week trial in the Commercial Court but settled
shortly before trial for US$130m, the settlement having been
disclosed in public filings in the US and reported extensively by
the financial press including the WSJ, Bloomberg, Forbes and
CNBC.
• JP Morgan Chase Bank v Springwell. Instructed for JP Morgan as
part of a litigation team in a US$700m Commercial Court claim
arising from the sale of complex financial instruments involving
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allegations of breach of contract, negligent misstatement and
misrepresentation.
• Acted (as sole counsel) in a Commercial Court claim concerning
allegations of breach of contract arising out of a US$85m financing
facility which involved complex points of private international law.
Settled before trial.
Insurance & Reinsurance
Substantial experience in insurance and reinsurance disputes (both
marine and non-marine) including:
• Acted for a major US oil and gas corporation in its claim against a
UK insurer in relation to a catastrophe insurance programme.
• Acted for a US insurer in an arbitration concerning a Bermuda
excess liability form policy.
• Acted for the insurer in a marine insurance dispute involving
allegations of non-disclosure and misrepresentation.
• Acted for the underwriters of a number of Lloyd’s syndicates in
their claims under reinsurance declaration treaties.
• Advised an Australian insurer in respect of its claim against the
managing director of an insurance agent for dishonest assistance
and/or in tort for procuring a breach of contract.
• Advised an Australian reinsurer in respect of its liability under a
pollution reinsurance policy it had written.
• Advised an Australian reinsurer on the construction of a claims cooperation/claims
control clause.
• Advised a Lloyd’s syndicate as to whether its right to avoid a
pooled contingent cost insurance policy was time-barred.
Oil and Gas
Frequently instructed in oil and gas cases, particularly those involving
a cross-border element. Experience ranges from disputes arising out
of the sale and supply of oil and gas products to the construction of oil
platforms to the question of the transfer of ownership and assumption
of risk under oil and gas transportation agreements. For further details
see the Arbitration section above.
Shipping
Advised and acted in a large number of charterparty, bill of lading and
cargo claims including disputes concerning cancellation of charters,
demurrage, employment clauses, hire (and off-hire), notices of
readiness, withdrawals of vessels and broker commission claims.
Substantial experience of LMAA arbitrations and also recently
appeared in the trial of the Fiona Trust action, which was described by
The Times as “the shipping trial of the century” and by TradeWinds as
the “trial of the decade”.
VAT, IPT and Duties
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Advised and acted for the taxpayer in a number of VAT, IPT and
duties cases, including:
• American Express Services Europe Ltd v Commissioners for
Revenue and Customs. Acted for American Express in a partial
exemption special method dispute. Commissioners withdrew their
case during the course of the substantive hearing.
• BlackRock International Ltd v Commissioners for Revenue and
Customs. Instructed for BlackRock in claims for recovery of
compound interest from HMRC.
• Birkdale School, Sheffield v Commissioners for Revenue and
Customs. Appeared for Birkdale School in single/multiple supplies
case concerning tuition fees which was decided by the Chancery
Division in favour of the school.
• Chubb Insurance Company of Europe SA v Commissioners for
Revenue and Customs. Acted for Chubb in a dispute concerning
the method of apportionment for IPT. Commissioners withdrew
their case following the service of witness statements.
• Gold Digit Ltd v Commissioners for Revenue and Customs.
Instructed for taxpayer in dispute concerning whether best
judgment was used in the raising of assessments. Commissioners
withdrew their case shortly before the substantive hearing.
• Livewire Telecom Ltd v Commissioners for Revenue and
Customs. The first substantive MTIC fraud appeal that was heard
by the Chancery Division. Represented the taxpayer successfully
in proceedings before the VAT Tribunal and on appeal.
• Olympia Technology Ltd v Commissioners for Revenue and
Customs. Acted successfully for the taxpayer in a dispute
concerning the recoverability of costs. Commissioners withdrew
their case prior to the substantive hearing.
• Queen’s College, Oxford and others v Commissioners for
Revenue and Customs. Currently acting for 15 Oxford colleges in
their claim for recovery of compound interest from HMRC.
• R (on the application of Lloyds TSB) v Commissioners for
Revenue and Customs. Instructed for Lloyds TSB in judicial
review concerning an extra-statutory concession which had been
made by HMRC.
• RBS Deutschland Holdings GmbH v Commissioners for Revenue
and Customs. Acted successfully for an RBS subsidiary before the
VAT Tribunal in an abuse of right case. Acted also in the
subsequent reference to the ECJ. ECJ judgment pending.
Reported Cases • Fiona Trust & Holding Corporation v Privalov [2006] All ER (D)
254 (Oct).
• Olympia Technology Ltd (2006) VTD 19984
• Fiona Trust & Holding Corporation v Privalov [2007] 1 All ER
(Comm) 81
• Nikitin v Richards Butler LLP [2007] All ER (D) 129 (Feb).
• DDT Trucks of North America Ltd v DDT Holdings Ltd [2007] 2
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Lloyd’s Rep 213
• RBS Deutschland Holdings GmbH v Commissioners for Revenue
and Customs (2007) VTD 20267
• Birkdale School, Sheffield v Commissioners for Revenue and
Customs [2008] STC 2002; Times Law Reports 23 April 2008
• American Reliable Insurance Company v Willis Ltd; CNA
Insurance Company Ltd v Willis Ltd Lawtel 20 November 2008
• Livewire Telecom Ltd v Commissioners for Revenue and Customs
[2009] STC 643
• Calltel Telecom Ltd v Commissioners for Revenue and Customs
(No. 2) [2009] STC 2164
Publications • Annotations to the Malaysian Arbitration Act 2005 for the
Annotated Statutes of Malaysia series (co-author)
• Halsbury’s Laws of Malaysia, arbitration title (2006 reissue)
(advisory editor)
• “Agassi”, Tax Journal, Issue 858 (2006)
• “Going round in circles” Tax Journal, Issue 877 (2007) (co-author)
(dealing with MTIC fraud)
• “Single/multiple supplies”, Tax Journal, Issue 891 (2007) (coauthor)
• “An exposition on the test of economic indissolubility and Art
13B(d)(3) of the Sixth Directive”, De Voil Indirect Tax Intelligence
144 (2008)
• “The role of the doctrines of champerty and maintenance in
arbitration” (2010) 76 Arbitration 208-213 (concerning third party
funding in arbitration)
Memberships
Languages
COMBAR, LCIA, LCLCBA, YIAG.
Cantonese, Indonesian, Malay, Mandarin
If you require further information please contact
clerksroom@essexcourt.net.
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