Reputation for technical excellence

As a third seat trainee Kerri Scott obtained a high profile introduction to the world of litigation. She was part of the Herbert Smith team that acted for Goldman Sachs as defendant in litigation proceedings in the High Court, against a claim quantified by the claimant to be worth €103 million. The case set a precedent in the enforceability of exclusion clauses and disclaimers in investment banking transactions.

As a trainee on the case, Kerri was not only heavily involved in the extensive disclosure exercise, she also undertook detailed research into privilege issues and prepared the first draft of one of the smaller witness statements. When asked about her involvement in the case Kerri commented, "It was exciting to be working as part of a team on what was not only a huge case for Goldman, but one that had serious potential repercussions for their reputation in the market."

In terms of the importance of the outcome of the case, Kerri explained "It was interesting work as the implication of the decision was huge in terms of the enforceability of exclusion clauses and disclaimers, particularly as the investment banks' boilerplate terms are pretty standard in the market for this type of transaction".

Kerri (now an associate in dispute resolution division) commented "I thoroughly enjoyed cutting my teeth on such a high profile case. Added to this, it was obviously very satisfying to have played a part in what was a great success story for the dispute resolution division, and a case in which there was a lot at stake for a valued client of the firm."