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Anthony Dearing

| Call 1998

Profile: Overview

Anthony Dearing specialises in financial regulation, banking and finance, commercial litigation, local government and public procurement law.

Experience and Expertise

Anthony, who is a dual capacity barrister, in both self-employed and employed practices, was called to the Bar of England and Wales in 1998. He is also registered with the Bar of Ireland.

He practiced first at the employed Bar in the Enforcement Division of the U.K. Financial Conduct Authority focusing on retail investment products and personal and occupational pensions. He then developed his practice at the Financial Services Group at Eversheds LLP (London) (during which time he was seconded to Legal & General Investment Management) before joining the International Capital Markets Group of one of New York’s oldest firms, Cadwalader Wickersham & Taft LLP.

Anthony has particular experience in non-contentious advisory and transactional work in the following sectors:

 

U.K. Financial Regulation

Anthony specialises in all aspects of U.K. retail and institutional financial regulation and has advised a number of U.K. and European Credit Institutions, brokers, dealers, investment and asset managers of on-shore regulated and offshore unregulated collective investment schemes on the impact of those regulations on the conduct of business carried out with or for retail clients, professional clients and eligible market counterparties.

In particular, he has advised:

 

International Banking & Finance

Anthony has acted for a number of international capital markets participants including arrangers, servicers, special servicers, managers, swap providers, swap counterparties, prime brokers and mono-line insurers in both London and New York in relation to the U.K. and European regulatory aspects of wholesale debt and equity issuances covering cash, synthetic and arbitrage synthetic structures. This includes CDOs, CBOs, CFOs, CMBS RMBS and MTN programmes offered to qualified investors and investment professionals across the European Union.

In particular, he has advised on:

Anthony has also acted for a number of U.S. arrangers of SEC Regulation S and Rule 144A debt structures established offshore in Ireland, Cayman Islands and BVI, whose securities were offered pursuant to Article 3 of the Prospectus Directive in both the U.K. and other jurisdictions within the EEA.

 

Insurance

Anthony has a broad insurance practice covering both contentious and non-contentious work. With a wide-ranging client base, he is often instructed in complex and cross-border matters. His instructions have included:

 

Commercial Litigation

Anthony is regularly instructed in high value and/or high profile commercial disputes. In relation to many of those instructions, he was instructed as sole counsel responsible for strategy as well as managing those involved in the litigation at both client and underlying client levels. He has also been led by silks.

 

Local Government & Public Procurement

Anthony is regularly instructed by Local Authorities in relation to their contracts with economic providers, in relation to:

In particular, Anthony was instructed to represent a LA in defence of an application for leave to judicially review a decision to terminate a services agreement following the service provider’s insolvency.

 

LGPS: Anthony, has advised local authorities and asset managers on the:

Anthony regularly acts for local authorities in relation to issues concerning their public tender exercises and the applicability and implications of the U.K. Public Procurement Regulations to contracts they wish to award.

For example, he has been instructed in relation to:

 

Cases and Work of Note

He has also advised in relation to the availability of and requirements concerning the use of captive service providers under the principles stated in: Teckal SrL v Commune di Viano & Azienda Gas – Acqua Consorziale (AGAC) di Reggio Emilia [1999] ECR I-8121 & Brent LBC v Risk Management Partners Ltd And London Authorities Mutual Ltd & Harrow LBC [2009] EWCA Civ 490, 9 June 2009.

 

Qualifications

 

Memberships

 

Anthony Dearing