CANDEY

Oliver has spent his career both in international firms in London, Singapore and Tokyo, and, since 2019, at the self-employed bar of England & Wales.

His core areas of practice are in the area of international arbitration, general commercial litigation, construction and engineering, fraud, insolvency, post-M&A and joint venture matters.

A fluent Japanese speaker, he is engaged as a consultant to the firm’s international arbitration practice in the Asia-Pacific region.

International Arbitration

Oliver has extensive experience of arbitration both in self-employed practice and from his time spent at the Employed Bar in leading US firms in London, Singapore and Tokyo.

He has acted in commercial arbitrations under the SIAC, ICC, LCIA, UNCITRAL and JCAA institutional rules as well as ad hoc arbitrations in a wide range of fields including construction, mining, oil and gas, automotive and real estate investment sectors.

Representative matters include:

• Acting for a Japanese railway contractor in a £10 million SIAC dispute with a subcontractor in relation to a railroad project in South-East Asia

• Representing a Middle Eastern hotel owner in a £20 million SIAC dispute with the hotel operator under a hotel management agreement in a 7-day hearing in Dubai

• Advising a Japanese contractor in relation to a prolongation claim relating to a power station complex

• As sole counsel, successfully opposing an application for a stay under section 9 of the Arbitration Act 1996 in proceedings for the enforcement of a £2.2 million adjudication award (Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC))

• Obtaining a substantial settlement in an UNCITRAL arbitration of an unfair prejudice dispute

• Acting (with Paul Chaisty KC) in an LCIA arbitration regarding allegations of breach of fiduciary duty in connection with a member’s departure from an LLP

• Obtaining a settlement in an ICC dispute between a Chinese supplier and a US oil major in connection with a project in North Africa

• Obtaining (with Kelly Pennifer) an injunction pursuant to section 44(3) of the 1996 Act restraining the respondents to an unfair prejudice petition from operating a compulsory share transfer mechanism pending the constitution of the tribunal

• Acting for an asphalt contractor in conjoined disputes involving allegations of defective work

• Acting for a UK petroleum major in an ad hoc arbitration relating to the misallocation of gas under a pipeline access agreement

• Acting for a European contractor in an UNCITRAL arbitration over delays and disruption in the construction of a petrochemical plant in India

• Acting in the successful defence of an ICC arbitration claim for deceit and breach of warranty arising out of the sale of a GBP 300 million business

• Acting for a Fortune 100 company in a SIAC claim for breach of fiduciary duty against its regional CEO (securing a favourable settlement of claims for forfeiture of remuneration and an account of profits on the eve of trial)

• Acting for a Japanese automotive company in the successful defence of a claim for lost profits on the termination of an automotive distributorship in Thailand

• Successfully defending an ICC claim regarding the termination of a joint venture for the development of a marine engineering product

• Acting for a Japanese automotive marque in an ICC arbitration seeking the dissolution of its equity joint venture with a European automotive giant

• Acting for a Korean contractor in claims against a subcontractor arising out of a significant cost overrun on the construction of an iron ore mine in Australia

• Acting for a Korean contractor in a final account dispute regarding the construction of a railyard at a mining project in Australia

• Advising a US contractor regarding prospective arbitration proceedings in relation to a defective overland conveyor system at a coal mine in SE Asia

Oliver also has experience of investor-state arbitration, including:

• Advising a Japanese investor on expropriation and FET claims against an Asian state under a bilateral investment treaty

• A dispute involving a North Asian government in connection with the compulsory acquisition of residential property at an alleged undervalue

Commercial Litigation

Oliver is experienced in a broad range of commercial dispute resolution matters. His practice is particularly focused on inter-shareholder disputes and unfair prejudice petitions.

Recent instructions include:

• Acting (with Lesley Anderson KC) in a post-M&A dispute relating to the sale of a diecasting business

• Acting (with Mark Harper KC) for defendants in a £13 million conspiracy claim brought by a major lender involving alleged abuse of overdraft facilities

• Obtaining a favourable settlement in a claim for breach of fiduciary duty involving a director’s post-termination usurpation of a company’s main supply contract

• Obtaining a substantial settlement in an UNCITRAL arbitration of an unfair prejudice dispute

• Acting for the defendant in a claim relating to the alleged diversion of business from his employer (Circuit Commercial Court)

• Defending a claim for conspiracy and inducing breach of fiduciary duty resulting from the alleged diversion of opportunities and know-how following the failed acquisition of a cloud services platform

• Acting (with Eleanor Temple KC) in a dispute between co-guarantors involving allegations of fraud and breach of contract

• Obtaining a substantial settlement in a fraud claim relating to cryptocurrency investments

• Advising on liability and limitation issues in a claim to claw back overpayments under a statutory pension scheme

• Acting for the owner of a port facility affected by storm damage in a coverage dispute with its insurers

• Advising the vendor of a solicitor’s business in relation to a breach of warranty claim relating to the value of the firm’s WIP

Construction, Information Technology and Procurement

• Oliver acts in all areas of construction, engineering and IT law, including Technology and Construction Court litigation, arbitration, adjudications and adjudication enforcement proceedings.

• Oliver has acted in a range of construction disputes of high value and technical complexity, with a particular focus on the mining, oil and gas and rail power sectors. Highlights include:

• Enforcing a £2.2 million adjudication award and defeating an application for a stay under s. 9 of the Arbitration Act 1996 (reported as Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC))

• Acting for a Japanese railway contractor in a £10 million SIAC dispute with a subcontractor in relation to a railroad project in South-East Asia

• Advising a foreign government regarding professional negligence claims against project managers and engineers involved in a project for the construction of a new ferry terminal

• Proceedings in the TCC relating to the rejection of a bespoke food processing plant due to alleged design and workmanship defects

• Advising a public body in relation to the ability of a contractor to claim in excess of a cost capping mechanism as a result of an allegedly unagreed design change on a dockside regeneration project

• Acting for a Korean contractor in claims against a subcontractor arising out of a GBP 600 million cost overrun on the construction of an iron ore mine in Australia;

• Acting for a Korean contractor in a GBP 150 million final account dispute regarding the construction of a railyard forming part of an automated iron ore mine;

• Acting for a US oil major in a TCC dispute regarding the defective design and construction of an offshore platform;

• Advising a Japanese contractor regarding the scope of a settlement agreement in connection with the supply of defective tanks to an LNG facility;

• Acting for a Japanese contractor in a mediation over delays to the construction of a power station in Abu Dhabi;

• Advising a Canadian employer in relation to delays to a solar power project; and

• Advising a Japanese architect in connection with the drafting of a contract relating to a nuclear project in North Wales.

Information technology

• Advising on and acting for the operators of a currency transfer platform in unjust enrichment proceedings against users alleged to have dishonestly used bots to exploit a software bug

• Advising and acting for the licensees of an artificial intelligence productivity suite in a claim for software defects/lack of fitness for purpose

• Advising in relation to the allegedly defective design and development of a social media and e-commerce platform

• Securing the termination of a telecoms services contract on the basis that a clickwrap contract had not incorporated an auto-renewal clause

• Advising on the scope of user licence rights in relation to a bespoke database

Insolvency

Oliver practices in all areas of insolvency law, including:

• Preference and transaction at an undervalue claims by office holders

• Administration applications

• Applications to set aside statutory demands

• Directors’ disqualification/permission proceedings

• Contested winding-up petitions

• Injunctions restraining the presentation of winding up petitions

Reported cases:

• Re Tre Ciccio [2022] Bus LR 165

Oliver also has experience of insolvency practitioner regulation matters. Representative instructions include:

• Successfully obtaining the restoration of a lapsed IP licence despite the absence of prescribed evidence

• Advising an IP as to whether to accept a consent order in respect of allegations of impropriety in the conduct of a bankruptcy

Professional Negligence

Oliver acts in professional negligence disputes, primarily involving lawyers, insurance and construction professionals.

His experience involving lawyers’ negligence includes:

• Acting for a class of Hong Kong and China-based investors in a failed off-plan property development in proceedings against their conveyancing solicitors

• Acting for a public figure in a claim arising out of criminal proceedings where the client received a custodial sentence

• Obtaining a favourable settlement for the defendant lay client in proceedings involving allegations of negligent advice in the conduct of property litigation by the claimant solicitors

• Advising and acting for a claimant in a claim involving allegations of negligent advice in the course of insurance litigation

• Advising in relation to the negligent prosecution of personal injury proceedings

Recent construction-related professional negligence instructions include:

• Acting for the successful claimant architects in a 3-day trial involving allegations of defective design in connection with a luxury car showroom (Birmingham TCC)

• Ongoing proceedings relating to the negligent design and construction of waterproofing works

Property

Oliver’s property practice is focused on commercial landlord and tenant, land-related torts and right-of-way disputes. Representative instructions include advice and representation in the following matters:

• Advising a local authority in relation to a ransom strip dispute relating to a major redevelopment project

• Advising a local authority in relation to a dispute with a utilities provider relating to a landslip

• Advising a local authority as to its entitlement to terminate an agreement for lease in relation to a substantial renovation project

• Obtaining a favourable settlement in a dispute between a mortgagor and mortgage as to the validity of the appointment of LPA receivers

Banking & Finance

Oliver has experience of banking and financial services matters, both contentious and non-contentious, including:

• Advising on whether certain property investment transactions constitute collective investment schemes

• Advising a financial services professional on the scope of a s. 56 FSMA prohibition order

• Advising upon, and acting for lenders in proceedings to enforce, security given by corporate and residential borrowers

• Enforcing, and advising upon, performance bonds and guarantees;

• Advising on the drafting and effect of finance documents (including ISDA swaps and derivatives agreements)

• Advising an offshore bank in relation to claims arising out of a cheque fraud

International

In addition to his extensive experience in international arbitration (see above), he advises on governing law and jurisdictional issues as well as matters of strategy where proceedings are being pursued in multiple jurisdictions.

Recent instructions include:

• Providing an expert opinion (in French) on the enforceability of an English law guarantee for the purposes of enforcement proceedings before the French courts

• Advising in a cross-border agency dispute involving issues of German restraint of trade law (drafted letter of instruction seeking confirmation of understanding of §84 and 90a of the Handelsgesetzbuch)

• Advising a property developer in a cross-border dispute arising out of the failure of a Hong Kong investor to complete the purchase of multiple flats in a new development

• Advising on a cross-border claim for contribution in a product liability dispute

• Advising on jurisdiction, governing law and enforcement in relation to a cross-border recruitment matter

Having lived and worked in Tokyo for five years, he has particular experience of working with Japanese clients. He speaks and writes fluent Japanese and is happy to accept instructions in the language.