People
Ian Herbert
- DDI: 029 2082 9107
- iherbert@darwingray.com
- Qualified
- 1990
- Education
Dwr Y Felin comprehensive, Neath
University of Wales, Aberystwyth-BSc (Econ) Economics & Business
Nottingham Law School
Career
Ian started his legal career with Edwards Geldard Solicitors (now Geldards LLP) as a trainee in 1988. He remained with them as an assistant solicitor specialising in insolvency until 1993.
In 1993, Ian joined Hugh James solicitors where he subsequently became an equity partner and headed up its substantial Commercial Litigation and Insolvency team.
Ian joined Darwin Gray as a Partner in May 2009.
Ian is vastly experienced in heavyweight litigation. This is perhaps best illustrated by his role as the lead litigation partner representing various underwriters at Lloyds in pursuing claims in excess of £60m against over 600 firms of solicitors. The litigation arose out of collapse of a national after the event insurer. This litigation was described in The Law Society Gazette as “probably the biggest claim there has been against the legal profession”. An out of court settlement was reached with the majority of the defendants following 6 intensive days of mediation.
Ian is recognised by the Legal 500, Chambers and Legal Experts as a leading specialist in commercial litigation and insolvency.
Ian is also a trained mediator.
Areas of expertise:
- Corporate and commercial disputes
- Contractual disputes
- Professional negligence
- Insolvency
- Judicial review
Examples of work undertaken
Commercial Dispute Resolution
- Lead partner for Lloyds Underwriters in group litigation against over 600 defendants, involving claims in contract and restitution. Claim value: £60m.
- Part of a team of lawyers defending Hoover in litigation arising out of its infamous “free flight” promotion.
- As lead litigation partner for the Welsh Assembly Government, Ian acted for Welsh Ministers in various claims, including an expert determination arising from a joint venture to develop an international business park.
- Acted for a British Virgin Islands company in a $10m dispute regarding disputed option rights under a joint venture agreement for gold mining rights in South Africa
- Represented Welsh Water in contested judicial review proceedings in relation to public sewers.
- Involved in litigation on behalf of a Taiwanese company in defending a claim arising out of a distribution agreement. Claim value: £30m.
- Advised Welsh Assembly Government in relation to termination of its sponsorship of the Rally GB which under the terms of the sponsorship contract was to be held in Wales on an annual basis.
- Acted for Cardiff City Council in successfully opposing an application for an injunction requiring it to remove traffic control measures.
- Acted for a major metal recycling company in respect of allegations of misappropriation of a customer’s metal which involved managing a team interviewing 68 people, and advising the client on the actions to be taken.
- Advised a multinational company on a complex claim involving BT and Siemens in relation to novated contracts.
- Advised a manufacturing company in relation to the recovery of large pieces of machinery which were needed urgently to complete a major contract for delivery of pipe lying equipment at sea.
- Advised a well known media organisation in relation to claims arising from a contract that the client alleged to have been forged.
- Acted for many major clients in litigation, including the Welsh Assembly Government, Cardiff City Council, Welsh Water, Royal Mail, The Environment Agency and S4C.
- Ian is a trained mediator with over 20 years experience in advising both large and small organisations on a wide range of commercial disputes. Ian has been involved in many mediations including one that took place over 6 days, involved over 60 clients and lawyers, and where the sums in dispute ran into several hundred million pounds.
- Ian has specialised in insolvency law since 1990.
- Advised a sports national governing body on financial restructuring.
- Ian has represented various lending institutions on insolvency and professional negligence issues including Principality Building Society, Barclays Bank PLC, HBOS, Handelsbanken and Julian Hodge Bank
- Acted for a leading rugby club in successfully striking out a winding up petition as an abuse of process
- Advised the bank and the administrators in the administration of the A and A Property group of companies.
- Acted for the liquidators of ISG Electrical Services Limited in a complex dispute over ownership of scaffolding.
- Advised Nippon Glass and Therma Tru on their voluntary liquidations.
Memberships
- Committee Member of Wales Commercial Law Association
- Professional Negligence Lawyers Association.
Interests
Ian loves most sports. He has run several marathons including London, and is a keen cyclist.He coaches one of the Urdd junior football teams, as well as officiating at swimming galas for the City of Cardiff Swimming Club, where his two boys swim.
Ian supports the Ospreys rugby team.
