Photo of Luka Krsljanin

Luka Krsljanin

Call 2013

lkrsljanin@2tg.co.uk

+44 (0)20 7822 1200

“A Confident and Robust Advocate”

Chambers UK 2019

“Very approachable and incredibly helpful"

Chambers UK 2019

“Thinks Outside the Box…legally but also tactically”

Chambers UK 2019

“A Bright and Self-Confident Advocate”

Chambers UK 2018

“Very good technically, and very thorough”

Chambers UK 2018

Practice Overview

Luka is ranked as a “Leading Individual” at the Bar in Chambers UK 2019: “He is confident and robust as an advocate”, and “able to think outside the box and consider matters not just legally but also tactically.” “He is very approachable and generally incredibly helpful as well.” He has also been praised as “very good technically and very thorough” (Chambers UK 2018). Luka is rated as an “up and coming” barrister by Chambers UK in the field of Private International Law in light of his recent cases in the High Court and Court of Appeal.

His practice has a significant commercial focus, and he currently acts for West Ham United Football Club in the much-publicised commercial litigation relating to the former Olympic Stadium, which is proceeding to trial in late November 2018 after numerous significant hearings before the High Court and Court of Appeal. He also acts in a range of cases with a cross-border element, and high-level professional/clinical negligence litigation.

Luka regularly appears unled in the High Court, including in multi-day trials, and usually against significantly more senior opponents. He also has a considerable appellate practice, and has acted in numerous cases before the Court of Appeal, Privy Council and Supreme Court, and the Bermudian Court of Appeal.

Commercial Dispute Resolution

Both led and as sole counsel, Luka regularly advises and acts in cases concerning all manners of commercial disputes.

Most significantly, he has received repeat instructions from the Premier League Football Club West Ham United, for whom he has dealt with a range of complex, high-level commercial issues including expert determinations and Court proceedings.

Current and Recent Work

 

  • West Ham v E20 Stadium LLP [2017-] [Trial in November 2018] Luka acts on behalf of the owners and operators of West Ham United, in their claim against the leasehold owner of the London Stadium (the former Olympic Stadium). The claim alleges that E20 is wrongfully preventing West Ham from accessing certain seats in the Stadium, and therefore depriving West Ham of substantial ticketing revenue. The claim involves allegations that E20 has failed to act in good faith, and so invokes complex consideration of good faith issues. In the lead-up to trial, the case has involved numerous complex case management issues, and interim applications including applications for specific disclosure, applications for third party disclosure, and an application challenging a party’s claim to redact documents on grounds of privilege.
  • West Ham v E20 Stadium LLP [2017] [Trial before Mann J] Luka represented the successful Claimants in this Part 8 Claim concerning the proper construction of an Expert Determination clause and associated provisions. Following this judgment, Luka acted for the Claimants in the Expert Determination which concerned numerous aspects of operation of the London Stadium.
  • B-P v K [2018] [ongoing] Luka acts for the Claimant in this claim concerning the fraudulent transfer of monies from the client account of a professional financial investment adviser.
  • Atang & Another v Newatia & Credit Suisse [2016] Luka represented the Claimants in a professional negligence claim against a senior financial investment adviser, involving issues of breach of fiduciary duty and breach of the COBS rules;
  • Luka has considerable experience of assisting members of chambers in preparing ex parte applications, including applications for freezing injunctions and third party disclosure orders.
Sport

Luka deals with disputes in a range of sports but has a particular reputation for his ability to litigate football cases. He is junior counsel of choice for West Ham United Football Club, the well-known Premier League Football team, and has represented them in a series of disputes, including on the following issues:

  • Part 7 proceedings in the Chancery Division, in which injunctions and declarations were sought on points of contractual construction.
  • Part 8 proceedings, for which Luka (and his leader) secured an expedited trial timetable.
  • Expert determinations, in which numerous disputes on critical aspects of the operation of a Football Stadium are being addressed.
  • Advising on agency agreements, and related issues.

In addition to his comprehensive commercial experience, Luka has conducted numerous personal injury/clinical negligence trials, and therefore is well-versed in cross-examining experts on complex scientific and medical issues in a sporting context.

Private International Law

As a result of his work for the European Court of Justice, Luka has invaluable practical experience of engaging with Conflict of Laws issues at the highest judicial level in Europe.

Luka has also gained experience of high-level Conflict of Laws disputes before the English Courts. He has worked on landmark cases before the High Court, Court of Appeal and Supreme Court.

Current and Recent Work

 

  • X v Y [2018-]
    (led by Marie Louise Kinsler QC), Luka is instructed in a case arising out of injuries sustained by a CNN journalist whilst on a reporting assignment in Gaza.
  • Re [X] Insurance [2018-]
    Luka is instructed in this high-value (C.£80 million) matter, arising out of the collapse of a foreign motor insurer, which involves a number of complex insurance, insolvency and general contractual issue
  • Spring v EvKB (2017-)
    (led by Charles Dougherty QC), an ongoing High Court case in which the Claimant, a former soldier stationed in Germany in the 1990s, seeks to claim in respect of injuries suffered during training.
  • Howe v MIB (2016)
    (led by Marie Louise Kinsler), a High Court case on the issue of limitation in the context of a claim brought against the Motor Insurers Bureau relating to an accident abroad. Luka appeared for the successful Defendant. The Claimant is now seeking permission to appeal.
  • Brownlie v Four Seasons Ltd (2015)
    (led by Howard Palmer QC and Marie Louise Kinsler), a Court of Appeal case concerning jurisdiction and choice of law in contract and tort;
  • Bianco v Bennett (2015)
    (led by Marie Louise Kinsler), a High Court case in which Luka and Marie Louise succeeded on an important point of law regarding foreign causes of action in the English Courts;
Travel & Jurisdiction

Luka has established a reputation as a leading junior in a range of Conflict of Laws issues. Please see above under the heading, “Private International Law” for details of his involvement in leading High Court, Court of Appeal and Supreme Court cases in this field.

Additionally, Luka is regularly instructed to advise and act in claims arising out of injuries sustained on holidays, including package travel claims. Recent instructions include a claim brought in respect of a hypoxic brain injury sustained by a young boy who suffered a tragic drowning accident whilst on holiday.

Insurance & Reinsurance

Luka is building a considerable insurance practice.

Current and Recent Work

 

Miley v Friends Life [2017-]: A much-publicised claim in which the holder of a permanent health insurance policy alleged that he suffers from a debilitating condition which renders him totally unable to carry out his previously lucrative employment. The Defendant insurer alleged fraud. Luka is presently instructed in the appeal to the Court of Appeal in this matter, which involves insurance contract disputes at the highest level (led by Caroline Harrison QC and Sonia Nolten).

A claim arising out of a life insurance policy, which considers the consequences of the murder of a policyholder.

A claim worth several millions of pounds relating to a professional indemnity insurance policy.

Clinical Negligence

Luka regularly advises, pleads and acts in clinical negligence disputes in the High Court. He has experience well beyond his call in this area. Most recently, he acted for the successful Respondent in the Court of Appeal in the case of Manzi v King’s College Hospital NHS Foundation Trust [2018] EWCA Civ 1882, an important judgment on adverse inferences and fact-finding.

Current and Recent Work

 

  • Luka acted for the successful Respondent before the Court of Appeal in Manzi v King’s College Hospital NHS Foundation Trust  [2018] EWCA Civ 1882. He previously acted as sole counsel in the multi-day High Court trial (Manzi v King’s College Hospital  [2016] Med LR 294), where he represented the successful defendant. The case involved highly sensitive facts related to injuries sustained in child birth, and involved submissions on whether or not an adverse inference should be drawn against the defendant.
  • Luka is also a specialist in the field of causation. He appeared for the successful respondent in Williams v Bermuda Hospitals Board  [2016] UKPC 4 (led by Benjamin Browne QC), a leading authority on the law of causation in the clinical negligence context. Luka is frequently instructed to advise on complex issues of causation.
  • In addition to the aboveLuka’s recent and ongoing clinical negligence cases include:
  • Teasdale v Royal Free London NHS Trust  [2017] (trial before HHJ Baucher): Luka represented the successful defendant in this ophthalmology case where breach of duty had been admitted. Causation was firmly disputed and HHJ Baucher singled out Luka’s cross-examination of the Claimant’s expert, a Professor of Opthalmology, as “exemplary”, as essential in resolving the case in the Defendant’s favour
  • Sinclair v Colchester Hospital NHS Foundation Trust  [2017] (trial before HHJ Davies): Luka represented the successful defendant in this Fatal Accidents claim arising out of cardiac treatment. The claim was pleaded in the value of several hundreds of thousands of pounds. The Court found for the Defendant on breach of duty and also on causation.
  • Sheppard v Heart of England NHS Foundation Trust  [2017] (trial): Luka represented the successful defendant in this case where the Claimant alleges that he was the victim of a battery, and alleges that he was forced to undergo surgery under anaesthetic despite voicing his objections after having been told at the very last minute of potential post-operative complications which had not been mentioned in the consent process. The Judge accepted the defendant’s case that the claimant’s memory was honest but mistaken, and distorted by a psychiatric illness he had developed following the surgery.
  • X v Y  [ongoing]: A claim in which a prisoner was involved in a vicious fight with another prisoner, involving a number of bites and blood being drawn. The Claimant alleges that HIV was transmitted in the course of the fight and that the defendants should have prescribed prophylactic medication.
Professional Negligence

Luka is currently instructed as sole counsel in a professional negligence claim worth $500,000. The claim relates to the provision of negligent investment advice by a senior, experienced financial investment adviser. As such, Luka has valuable experience of dealing with complex allegations of professional negligence, including breach of the COBs rules.

Luka has also gathered significant experience of high-level professional negligence disputes whilst assisting Andrew Miller QC. Luka worked on cases involving allegations of contractors’, valuers’ and solicitors’ negligence.