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Chloë Bell

Chloë Bell

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Chloë joined chambers in 2017 following the successful completion of her pupillage. She is developing a busy practice with a particular focus on commercial and public law.

Previous Experience

Between 2017 and 2018 Chloë was a judicial assistant to Lord Mance (Deputy President) at the United Kingdom Supreme Court.

Prior to starting pupillage, Chloë also spent two years working at the Court of Justice of the European Union in Luxembourg, first as a stagiaire and subsequently as a junior référendaire to Advocate General Bobek.

Education

Chloë studied law at Trinity College, University of Cambridge. She spent one year of her undergraduate studying French law at the University of Poitiers, France. Between 2013 and 2014 she completed an LLM at the University of Michigan, USA for which she received a GPA of 3.8/4.0. During her LLM, Chloë represented the University of Michigan in its first European Law Moot Court competition. She was a member of the winning regional team and placed third in the grand final held at the CJEU in Luxembourg. Chloë undertook her BPTC between 2014 and 2015 and was graded ‘Outstanding’.

Publications
  • Farhaz Khan and Chloe Bell, ‘Contractual Discretion or Absolute Right?'(May 2019) JIBFL
  • C Bell ‘Package Travel’ in Crowther QC (ed) APIL Guide to Accidents Abroad (2nd edn) (LexisNexis)
  • C Bell and N Bačić Selanec ‘Who is a “spouse” under the Citizens’ Rights Directive? The prospect of mutual recognition of same-sex marriages in the EU’ (2016) European Law Review 655-686, cited with approval by AG Wathelet in C-673/16 Coman EU:C:2018:2, paragraph 80

Commercial & Chancery

Chloë is regularly instructed in commercial and chancery matters. She has provided advice in a number of cases on the interpretation of contracts and has experience appearing led and as sole counsel in court on commercial matters.

Chloë has a particular interest in cryptoassets, smart contracts and the future of commercial law in these areas. She has written on this topic and has given a number of talks on the subject.

  • Appeared successfully as sole counsel in an oral permission to appeal application concerning relief from sanctions in a breach of contract case.
  • Murphy and others v Lloyd’s Bank plc (junior counsel led by Farhaz Khan concerning consequential losses and the mis-selling of a swap. Settled before trial).
  • Briggs & ors v Clay & ors (junior counsel in a £60m multiparty professional negligence claim arising from the judgement of Newey J in Re Gleeds [2014] EWHC 1178 (Ch). Settled before trial).
  • Atlantic Marine and Aviation LLP v Mr Richard Pierce(appeared as junior counsel in the QBD led by Andrew Maguire, concerning  defamation in the publication of a review on a charter vessel).
  • Bluewaters Communications Holdings v (1) Bayerische Landesbank Anstalt des Offentlichen Rechts (2) Bernard Charles  Ecclestone and (3) Bambino Holidings Limited (Commercial Court claim concerning alleged bribery of Bayern LB by Bernie  Ecclestone in the sale of the F1 business. Drafted numerous responses to Part 18 RFIs for the Claimant. Settled in October 2018).
  • Successfully appeared as sole counsel representing Nat West Bank Plc on the issue of compliance with a Tomlin Order.
  • Goldman Sachs International v Novo Banco SA[2018] UKSC 34 (as a judicial assistant concerning the European Bank Recovery  and Resolution Directive 2014/59/EU and the Reorganisation and Winding Up of Credit Institutions Directive 2001/24/EC and  transfers ‘bridge institutions’).
  • JSC BTA Bank v Khrapunov[2018] UKSC 19 (as a judicial assistant concerning the jurisdiction of English courts and the  Lugano Convention).
  • Playboy Club London Limited and others v Banca Nazionale del Lavoro SPA[2018] UKSC 43 (as a judicial assistant,  concerning negligent misstatement, Hedley Byrne and pure economic loss in the context of the banker’s reference).
  • Investec Trust (Guernsey) Limited and another v Rawlinson and Hunter Trustees SA and another (Guernsey)[2018] UKPC 7 (as  a judicial assistant, concerning the liability of trustees in the administration of the Tchenguiz Discretionary Trust).

Publications/Seminars

  • Farhaz Khan and Chloë Bell, ‘Contractual Discretion or Absolute Right?’ (May 2019) JIBFL
  • Chloë has delivered a series of talks on good faith and discretions in commercial contracts with Saaman Pourghadiri.

 

Financial Services

Chloë spent 3 months on secondment to the General Counsel’s Division of the Financial Conduct Authority in 2019. She gained significant experience of a number of areas of financial services law, particularly redress, pensions and unfair terms in consumer contracts.

Chloë has a particular interest in cryptoassets and smart contracts in the financial services sphere. She has written on this topic and given a number of talks on the subject.

  • Murphy and others v Lloyd’s Bank plc (junior counsel led by Farhaz Khan concerning consequential losses and the mis-selling of a swap. Settled before trial).
  • Currently representing an individual pro bono who is pursuing a claim against his financial advisors in relation to his pension  before the Financial Ombudsman Service.
  • Chloë has also been a barrister on a panel instructed to support a senior independent reviewer in his assessment of a large UK bank’s remediation programme.
  • Shurbanova v Forex Capital Markets Ltd[2017] EWHC 2133 (QB) (successfully appeared as junior counsel for Forex Capital Markets led by Farhaz Khan).
  • Goldman Sachs International v Novo Banco SA[2018] UKSC 34 (as a judicial assistant concerning the European Bank Recovery  and Resolution Directive 2014/59/EU and the Reorganisation and Winding Up of Credit Institutions Directive 2001/24/EC and  transfers ‘bridge institutions’).
  • JSC BTA Bank v Khrapunov[2018] UKSC 19 (as a judicial assistant concerning the jurisdiction of English courts and the Lugano Convention).
  • C-375/15 BAWAGEU:C:2017:38 (as a référendaire at the CJEU concerning the definition of ‘durable medium’ for e-banking services  under Directive 2007/64/EC on payment services in the internal market).

Publications/Seminars

  • Farhaz Khan and Chloë Bell, ‘Contractual Discretion or Absolute Right?’ (May 2019) JIBFL
  • Chloë has given talks on the impact of Brexit on information sharing in financial services and cryptoassets.

Pensions

Chloë is developing a strong practice in pensions law and has worked with a number of members of chambers on significant cases in this area.

  • C-171/18 Safeway v Newton & OrsEU:C:2019:839 (led by Andrew Short QC and Michael Uberoi, concerning the retrospective levelling down and equalisation of pension benefits).
  • Robin Phillips & 69 Others v Edwards Limited(currently counsel for 70 claimants, led by Lydia Seymour, in High Court action concerning TUPE transfers, redundancy benefits and the meaning of old-age benefits).
  • Briggs & ors v Clay & ors (junior counsel in a £60m multiparty professional negligence claim arising from the judgement of Newey J in Re Gleeds [2014] EWHC 1178 (Ch). Settled before trial).
  • Currently representing an individual pro bono who is pursuing a claim against his financial advisors in relation to his pension before the Financial Ombudsman Service.
  • Chloë was a member of a team of barristers in chambers: Andrew Spink QC, David Russell QC, Philip Stear and Michael Uberoi who advised on and drafted the DIFC Employee Workplace Savings Plan in Dubai.
  • Barnardos v Buckinghamshire and others[2018] UKSC 55 (as a judicial assistant in the UKSC, concerning the proper construction of a pension scheme and the RPI/CPI indexes).
  • Case C-454/15 Webb-SämannEU:C:2016:653 (as a référendaire at the CJEU concerning the protection of employees’ pensions in the event of the insolvency of their employer).
  • Chloë has also provided advice in this area on claims before the Pensions Ombudsman, the protection of employees’ pensions in the event of the insolvency of their employer, the variation of a pension scheme by deed and the closure of a pension scheme.

Professional Negligence

Chloë is developing expertise in professional negligence law, particularly where it overlaps with other areas of chambers practice areas.

  • Briggs & ors v Clay & ors (junior counsel in a significant £60m multiparty professional negligence claim arising from the judgement of Newey J in Re Gleeds [2014] EWHC 1178 (Ch). Settled before trial).
  • Chloë is currently representing an individual as sole counsel who is pursuing a negligence claim against his financial advisors in relation to his pension before the Financial Ombudsman Service.
  • During her time at the FCA Chloë gained experience in a number of areas of financial services regulation which are frequently relevant in professional negligence claims.

Public Law

Chloë has a particular interest and experience in public law. She deepened her expertise in this area as a judicial assistant to Lord Mance at the Supreme Court where a number of cases had public law elements.

  • Advised the government of Jamaica on the drafting of its national identity card legislation (led by John McKendrick QC).
  • Lee v Ashers Baking Co Ltd[2018] UKSC 49 (assisting Sarah Crowther QC as a pupil and separately as a judicial assistant,  concerning the right of a bakery to refuse to bake a cake with the slogan ‘support gay marriage’).
  • In the Matter of an Application by the Northern Ireland Human Rights Commission of Judicial Review (Northern Ireland)[2018] UKSC 27 (as a judicial assistant, concerning the law of abortion in Northern Ireland and whether it was  incompatible with Articles 3, 8 and/or 14 ECHR).
  • R (on the application of Black) v Secretary of State for Justice[2017] UKSC 81 (as a judicial assistant, concerning the  application of the smoking ban in prisons).
  • R (on the application of Tag Eldin Ramadan Bashir and others v Secretary of State for the Home Department[2018] UKSC 47  (as a judicial assistant, concerning the application of the Refugee Convention to refugees residing in UK Sovereign Base  Areas in Cyrpus).
  • Secretary of State for Work and Pensions v Fileccia[2017] EWCA Civ 1907 (assisting Fiona Scolding QC as a pupil  concerning the definition of ‘difference of views’ in Article 6(2) of EU Regulation 987/2009 for the purpose of  determining which Member State was responsible for Mr Fileccia’s social security benefits).

Drafted opinions on:

  • Damages for unlawful detention;
  • The public sector equality duty under the Equality Act 2010;
  • ‘Ordinary residence’ under the Care Act 2017 and s.183 of the Mental Health Act 1983.
  • Drafted EHCP plan and grounds of appeal as a pupil for a SEND tribunal hearing.

EU Law

Having spent two years as a lawyer at the CJEU before coming to the bar, Chloë has significant experience of EU law matters. At the CJEU she was involved in resolving some of the most difficult questions of EU law presented by cases before the court. As a result of this experience, Chloë is particularly comfortable with and interested in all matters of EU law and issues relating to Brexit.

Chloë has published articles in the field of EU law which have been cited with approval by the CJEU judiciary: C Bell and N Bačić Selanec ‘Who is a “spouse” under the Citizens’ Rights Directive? The prospect of mutual recognition of same-sex marriages in the EU’ (2016) European Law Review 655-686, cited with approval by AG Wathelet in C-673/16 Coman EU:C:2018:2, paragraph 80.

Chloë has also taught EU law both in the UK and abroad. She was a member of the teaching faculty on the EU law and human rights course in the CEELI Institute, Prague in 2020.

  • C-171/18 Safeway v Newton & OrsEU:C:2019:839 (led by Andrew Short QC and Michael Uberoi, concerning the retrospective levelling down and equalisation of pension benefits).
  • Robin Phillips & 69 Others v Edwards Limited(currently counsel, led by Lydia Seymour, in Chancery Division, High Court action concerning  TUPE transfers, redundancy benefits and the meaning of old-age benefits under Directive 2001/23 on the transfer of  undertakings).
  • Whilst at the FCA Chloë advised on the drafting of submissions in numerous references to the CJEU involving unfair contract terms in consumer contracts.
  • Scotch Whisky Association and others v The Lord Advocate and another (Scotland)[2017] UKSC 76 (as a judicial assistant,  concerning whether the Scottish government’s minimum alcohol pricing policy infringed the free movement of goods under  Articles 34 and 36 TFEU).
  • The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – a reference by the Attorney General and the  Advocate General for Scotland UKSC 2018/0080 (concerning whether EU exit legislation passed in the Scottish Parliament  (The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill) was within Scotland’s devolved legislative  powers).
  • C-454/15 Webb-SämannEU:C:2016:653 (as a référendaire at the CJEU concerning the protection of employees’ pensions in the event of  the insolvency of their employer).
  • C-592/14 European Federation for Cosmetic Ingredients EU:C:2016:703 (as a référendaire at the CJEU concerning the  scope of the prohibition on cosmetic products containing ingredients which have been the subject of animal testing).
  • C-289/15 GrundzaEU:C:2017:4 (as a référendaire at the CJEU concerning the European Arrest Warrant and the condition of double  criminality).
  • C-256/15 Nemec EU:C:2016:954(as a référendaire at the CJEU concerning Directive 2000/35 on combating late payment in commercial  transactions in the context of a contract formed in Slovenia prior to its accession to the EU).
  • C-375/15 BAWAG EU:C:2017:38(as a référendaire at the CJEU concerning the definition of ‘durable medium’ for e-banking services  under Directive 2007/64/EC on payment services in the internal market).

Employment & Discrimination

Chloë has appeared successfully as sole counsel in a number of complex employment disputes. She has particular experience in equality law. She has also experience in contractual employment law disputes concerning breach of confidence and restrictive covenants.

  • Appeared successfully as counsel for the Respondent in a 5 day trial concerning victimisation, failure to make reasonable adjustments  and unfair dismissal (judgment reserved).
  • Appeared in the EAT as sole counsel on the issue of whether a settlement agreement prevented the Appellant pursuing her appeal.
  • Appeared successfully for the Claimant in a 7 day sex discrimination and sexual harassment trial and remedies hearing.
  • McCloud & Others v (1) The Lord Chancellor and Secretary of State for Justice (2) Minstry of JusticeET 2201483/2015 (assisting Andrew Short QC and Naomi Ling as a pupil, concerning age discrimination and judicial pensions).
  • Lee v Ashers Baking Co Ltd [2018] UKSC 49 (assisting Sarah Crowther QC as a pupil and separately as a judicial assistant, concerning the right of a bakery to refuse to bake a cake with the slogan ‘support gay marriage’).

Appointments & Memberships

  • Association of Pension Lawyers
  • COMBAR
  • FSLA (executive committee)
  • ChBA
  • ELA
  • Bar Pro Bono Unit

Awards

  • Hubert Greenland Scholarship (Lincoln’s Inn)
  • Buchanan Prize (Lincoln’s Inn)
  • Lord Denning Scholarship with accommodation award (Lincoln’s Inn)
  • Hardwicke Entrance Award (Lincoln’s Inn)
  • Kouba Essay Prize for best paper on European Integration (University of Michigan Law School)
  • Grotius Fellowship (University of Michigan Law School)
  • Hollond Fund full-fee scholarship for graduate study (Trinity College, Cambridge)
  • Tripos College Examination Prize (Trinity College, Cambridge)
  • Lizette Bentwich Examination Prize (Trinity College, Cambridge)

Languages

  • French (advanced)

Chloë Bell is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

Areas of Law


Testimonials


“A very clever and hard-working junior.” Pensions, Chambers and Partners 2021

“I wanted to say how professional I found Chloe and what a good job I thought she did for her client in the hearing…I would have been impressed to see a pupil in my own chambers performing to that standard during their pupillage.” (Employment tribunal case)

“You really have done a great job on this case by grasping the facts and taking the ‘bull by the horns’ on some really tricky areas of law.” (Employment tribunal case)

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