Photo of Luka Krsljanin

Luka Krsljanin

Call 2013

lkrsljanin@2tg.co.uk

+44 (0)20 7822 1200

“A self-confident and bright advocate”

Chambers UK 2018

“Very good technically, very thorough and approachable”

Chambers UK 2018

“[Noted for] his ability in questions of private international law.”

Chambers UK 2018

Practice Overview

A self-confident and bright advocate”, who is “very good technically, very thorough and approachable”, Luka is ranked as a leader in the field for his work in Private International Law (Chambers UK).

His practice has a significant commercial component, and he currently acts for West Ham United in the much-publicised commercial litigation relating to the London Stadium. He has experience of litigating high-value commercial cases, especially in the Sports context.

Other current high-profile instructions include a multi-million pound contractual dispute relating to the collapse of an insurance company, and a claim arising from injuries sustained by a CNN journalist reporting in Gaza, engaging complex questions of foreign law.

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 cases before the Court of Appeal, Privy Council, and 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 a Premier League Football Club, for whom he has dealt with a range of complex, high-level commercial issues including expert determinations and Court proceedings.

Current and Recent Work

 

  • A claim arising out of the collapse of a commercial retail partnership, involving issues such as breach of fiduciary duty, misrepresentation and duress;
  • A professional negligence claim against a senior financial investment adviser, involving issues of breach of fiduciary duty and breach of the COBs rules;
  • A fraudulent misrepresentation claim, in which Luka is instructed as sole counsel by a major international insurer seeking to recover damages for monies wrongfully paid out to a fraudster;
  • A claim against the beneficiaries of Russian trust funds in respect of the true beneficial ownership of a highly valued property in London;
  • Assisting Andrew Miller QC in the successful opposition to an application for summary judgment in a multi-million pound claim arising out of contracts for oil and gas drilling project management in the North Sea (May 2014).
  • Luka has considerable experience of assisting members of chambers in preparing ex parte applications, including applications for freezing injunctions and third party disclosure orders. Amongst other cases, Luka assisted Stuart Benzie and William Clerk in Flogas Britain Ltd v Jones & Ors (2014). The case involved several applications for injunctions and search orders, and linked committal proceedings, which resulted in the handing down of a prison sentence for contempt of court.
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.

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;
Clinical Negligence

Luka regularly advises, pleads and acts in clinical negligence disputes in the County Court and High Court. He has experience well beyond his call in this area.

Current and Recent Work

 

  • He acted as sole counsel in the multi-day High Court trial of 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’s submissions were praised by Nicol J as being ‘very helpful’ in resolving the dispute. Luka is now acting for the Respondent (led by Michael de Navarro QC) in the appeal to the Court of Appeal (2018).
  • 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 above,  Luka’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 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. Judgment is awaited.
  • 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.

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.

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.