At 2TG our people are hard-working, forward-thinking and approachable. We believe our supportive culture is one of our greatest strengths.
With the set comprising around 60 barristers, we know each other well and work effectively together. We often operate in large teams with clients. Our practice management team is modern and commercial, matching barrister experience thoughtfully to clients’ requirements.
At 2TG our barristers are expert in a broad range of complementary practice areas and we enjoy repeat instructions from a variety of loyal clients.
Practised advocates from the start, all our Silks and the vast majority of our Junior barristers are recognised as leaders in their chosen fields. Many of us are at the forefront of shaping the law in our specialist areas and we pride ourselves in having excellent industry knowledge.
At 2TG our barristers have excellent experience acting across a range of industry sectors and we are able to offer advice in an informed and commercial context.
Our combination of practice area excellence and industry expertise means we possess real insight into the commercial realities facing our clients operating in these areas. Secondment plays an important part of our commitment to developing our skills and understanding.
2TG is home to award-winning accredited mediators, arbitrators, adjudicators and experts with considerable experience of alternative dispute resolution.
Our barristers are also skilled as advocates in different alternative dispute resolution procedures and work strategically with clients to understand their commercial objectives, and then to resolve litigation as cost-effectively and expeditiously as possible.
Work with an international dimension forms a significant part of many barristers’ work at 2TG.
We appear in international courts and arbitral tribunals all over the world, frequently acting on complex multi-jurisdictional disputes. We are particularly well-known for managing cross border litigation on matters of jurisdiction and applicable law and appear regularly in the Supreme Court and Court of Appeal.
At 2TG, in addition to our professional advice, we are recognised for our excellent contribution to education and development. We provide regular high-quality training.
Our reputation among the legal profession and other clients for our first-rate webinars and in-person conferences is very important to us. We also contribute frequently at industry events and as editors of leading texts and authors on topics of legal interest.
Insights
The Court of Appeal has recently considered the test for allowing a “late” amendment (as opposed to a “very late” amendment which puts a trial date at risk) in CNM Estates (Tolworth Tower) Limited v Simon Peter Carvill-Biggs Freddy Khalastchi [2023] EWCA Civ 480 in which Christopher Lundie of 2TG appeared for the Claimant, Isabel Barter of 2TG appeared for the Defendants (led by Mark Simpson KC).
The Court of Appeal held that it is a necessary condition that the claim as amended should have a real prospect of success. This is the same test as applies on a summary judgment application, Elite Property Holdings Ltd v Barclays Bank Plc [2019] EWCA Civ 204 at [41] and [42] per Asplin LJ. However, even if an amendment has a real prospect of success, whether to allow the amendment remains a matter of discretion.
The Court of Appeal held that, aside from very late amendments, the perceived strength of the case is not normally a factor to be taken into account when exercising that discretion (per Sir Geoffrey Vos MR and Newey LJ at [76] and Males LJ at [49]). It would never be appropriate to conduct a mini trial, Okpabi v Royal Dutch Shell Plc [2021] UKSC 3, [2021] 1 WLR 1294.
The Court of Appeal (by a majority) indicated that it would have allowed the appeal, but the claim was compromised shortly before the judgment was handed down.
Isabel Barter acted on behalf of the Defendants, instructed by Kennedys and led by Mark Simpson KC.
Christopher Lundie was instructed on behalf of the Claimant.