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Austin Mahler

Call 2016

amahler@2tg.co.uk

+44(0)20 7822 1200

Practice Overview

Austin’s practice focuses on commercial litigation and insolvency, specialising in insurance, product liability, property damage and insolvency. He also has experience in cross-border arbitration and travel law.

He is instructed in a range of disputes including the Kenya Emergency Group Litigation and Redbourn Group v Fairgate Group [2018] EWHC 658 (TCC), successfully resisting a claim for the lost chance to earn fees in a development contract (led by Andrew Miller QC). During his pupillage at 2TG, Austin assisted both junior and leading counsel in cases covering all of 2TG’s practice areas.

Prior to joining Chambers, Austin read Law at Trinity Hall, Cambridge, where he was elected President of the Cambridge Union Society. His LLM dissertation, examining the enforcement of arbitration awards tainted by foreign illegality, was among the top in his year at LSE. While studying international arbitration and public international law, Austin competed in the Jessup International Law Moot and the Vis International Commercial Arbitration Moot. Austin has since taught himself New York law and passed the New York Bar Exam.

Commercial Dispute Resolution

Austin acts for both claimants and defendants in contractual and tortious commercial disputes. He was recently led by Andrew Miller QC on behalf of the defendants in a quantum trial in the TCC in Redbourn Group v Fairgate Group [2018] EWHC 658, where they successfully argued that the defendant’s breach of a construction and development contract did not cause the claimant to lose a chance to earn performance fees.

On behalf of the claimants, he prepared the successful application for an expedited trial in a case involving alleged breaches of an SPA and funds held in a time-limited escrow account following the sale of a pharmaceutical company: Takeda Pharmaceutical v Fougera Sweden Holding 2 [2017] EWHC 1402 (Ch).

Insurance & Reinsurance

Austin is instructed by insurers and claimants in coverage and subrogation related disputes. He recently advised BUPA on its right to bring a subrogated claim for the cost of health care for an employee covered by the employer’s group insurance policy. He has also advised a real estate insurer in an indemnity claim involving the question of whether a free-standing seawall fell within ‘buildings’ cover.

Insolvency

Austin has appeared in the Winding-Up Court and in the county courts in insolvency and debt recovery matters, and has advised in a range of related disputes. He has recently advised on a proposed claim against the receivers and liquidators of Anglo Irish Bank following the financial crisis.

Private International Law

Austin is building a practice in disputes involving conflicts of law. He has acted on behalf of both claimants and defendants in travel law cases, and has been instructed as sole junior in a claim involving breach of a contract for the international sale of goods.

Austin taught himself New York law and passed the New York State Bar Exam and Multistate Professional Responsibility Exam. He intends to complete his qualification as a New York State attorney by the end of 2018.

Personal Injury

Austin regularly appears in a range of trials and interim hearings in personal injury cases. He is also often instructed to settle pleadings and advise in conference.

He is currently instructed by the UK Foreign and Commonwealth Office to assist with the Kenya Emergency Group Litigation (Kimathi & Others v Foreign & Commonwealth Office), a case involving over 40,000 claimants alleging personal injuries arising out of the Mau Mau uprising in Kenya during the 1950s.