Damian Falkowski

Date of call: 1994 Gray's Inn

After his first career as a professional violinist, playing with orchestras including the Academy of St. Martin in the Fields and the London Symphony Orchestra, Damian Falkowski was called to the Bar in 1994.

Primarily, he practices in the fields of commercial law and property.
Currently he is instructed in a US $500 million international fraud tracing claim obtaining freezing injunctions and Norwich Pharmacal orders. He regularly advises on matters with an international dimension and a significant proportion of his instructions are from abroad. His commercial practice includes disputes relating to civil fraud, tracing, joint ventures, charges and guarantees.

He undertakes litigation and advisory work in all aspects of the law of real property, including commercial and residential landlord and tenant, enfranchisement, easements, restrictive covenants. He frequently advises on these issues as they arise in the context of planning law and as they affect local authorities. He was recently instructed in litigation in the Chancery Division (settled) where the question of whether a local authority, as landlord, could refuse consent to a sub-letting where the proposed sub-letting would harm the economic viability of the city centre.

Damian Falkowski has appeared in a number of important mortgage and consumer credit cases since the leading case of Falco Finance Ltd v Gough, (1999) 17 Tr. L. R., [1999] CCLR 16, the first reported case on the Unfair Terms in Consumer Contract Regulations 1994 (now 1999). He recently appeared for approximately 200 borrowers in “group managed” litigation against one major lender and has advised on Consumer Credit issues instructed by large interest groups. He also acts for institutional lenders and merchant banks.

He is the co-author of a book on remedies for anti-social behaviour which is scheduled to be published by Jordans in March 2006.

AFFILIATIONS
Commercial Bar Association
Property Bar Association
British Polish Legal Association: Committee Member
Bar Musical Society: Committee Member

DIRECTORY ENTRIES
Chambers & Partners, 2010:
Recommended junior in Consumer Law: "Streetwise and very commercial" (2009), "he analyses facts thoroughly and in a refreshing way, whilst also cross-examining with admirable tenacity" (2010); Real Estate Litigation: "pragmatic approach and ability to come to proper and well-reasoned conclusions" (2010).

Legal 500, 2009:
Recommended junior in Banking & Finance

CLERKS EMAIL
Mark Regan and Stephen Broom