Abra Bompas is recommended in Chambers & Partners Commercial Dispute Resolution, and in Who’s Who Legal for Company and Partnership. Her practice covers the broad spectrum of commercial dispute resolution in the High Court (both led and unled) and the Court of Appeal, as wells as in international arbitration. Abra often acts for clients in disputes arising in (but not limited to) the banking and finance sector (including insolvencies and mis-selling), in contractual claims across a range of industries, in share sale / warranty claims, shareholder actions and fraud claims. Abra was also seconded to the FSA (now FCA). In litigation, Abra is acting as part of the One Essex Court counsel team for the Claimant in SKAT v Solo Capital Partners LLP and Others. The Danish Customs and Tax Administration authority’s claim is for US$1.5 billion and has been brought against c. 100 defendants. It arises out of an alleged international conspiracy to deceive the authority. The claims are pleaded under English law, alternatively Danish law. The case was named one of “The Top 20 Cases of 2021” by The Lawyer. Abra acted successfully in the Commercial Court in Yukos Finance B.V. and Others v Lynch and Others [2019] EWHC 2621 (Comm). The Lawyer named the case one of “The Top 20 Cases of 2019”. The claim was for up to circa £35 million. The Yukos parties made claims under Russian law against five individuals arising out of the auctions of Yukos Oil in Russia in 2007. Abra acted for the Fifth Defendant, a senior former employee of a Russian investment bank. With Zoe O’Sullivan QC, Abra acted successfully for the McLaren group in CRS GT Limited v McLaren Automotive Limited and Others [2018] EWHC 3209 (Comm), an expedited Commercial Court dispute between the supercar manufacturer McLaren and one of its suppliers, CRS. CRS alleged that it had certain contractual rights in relation to two McLaren race cars which are eligible to race in the GT3 and GT4 race series respectively. The case involved a complex mandatory interim injunction.
One Essex Court
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Barrister practising across the broad spectrum of commercial dispute resolution (both litigation and domestic and international arbitration). Expertise in areas including, but not limited to: banking and financial services; civil fraud (including cross border fraud and interim relief applications); energy and natural resources; and company and joint venture (including shareholders and M&A) disputes. For more detail, see profile at https://www.oeclaw.co.uk/barristers/full-cv/alain-choo-choy-kc.
Alaina specialises in intellectual property law and commercial law, encompassing both contentious and non-contentious matters. She has been involved in a number of complex cases working as part of a larger team in both the High Court and Court of Appeal, as well as advising and appearing in cases as sole counsel in proceedings in the High Court, IPEC, the IPO, the Patents County Court and in mediation. Before coming to the bar, Alaina practised as a litigation solicitor in Australia (Blake Dawson Waldron, now Ashurst LLP) and in the UK (Freshfields Bruckhaus Deringer and TSol). She qualified as a barrister and solicitor in Western Australia in 2006. Recent examples of Alaina's work include (but are not limited to): Genius Sports Technologies Limited & Ors v Soft Construct (Malta) Limited & Ors Acting (together with other leading and junior Counsel) for the First to Sixth Defendants in a database rights infringement claim which is listed for trial in early 2024. There have been a number of substantial interim hearings in relation to the claim (see [2022] EWHC 2308 (Ch) and [2021] EWHC 3200 (Ch)). Case C-461/19P All Star v EUIPO ECLI:EU:C:2019:797 Acted (with Simon Malynicz KC) for All Star CV in an appeal to the CJEU. Battat Inc & Anor v Addo Play Limited & Anor IP-2019-000117 Acted (with Emma Himsworth KC) for the Defendants in a trade mark infringement and passing off claim in the Intellectual Property and Enterprise Court. MSG Sports & Entertainment LLC v various Appeared as sole counsel in two separate successful Norwich Pharmacal applications in the High Court. LCIA arbitration Led by a leading Counsel in Chambers, acted in a LCIA arbitration (under UNCITRAL rules) concerning a shareholders' agreement. Glaxo Wellcome UK Limited (T/A Allen & Hanbury's) & Anor v Sandoz Limited & Anor Led by Simon Malynicz KC, acted for the Appellants in an appeal concerning colour marks and the requirements for graphical representation ([2017] EWCA Civ 335) and an appeal against the refusal of permission to join two additional parties to a passing off claim ([2017] EWCA Civ 227). Millen v Karen Millen Fashions Ltd [2017] FSR 7 Led by Charles Graham KC, acted for the Claimant in a claim concerning the proper interpretation of various restrictive covenants in a contract by which the Claimant divested her interests in the fashion retail business bearing her name. The Royal Mint Limited v The Commonwealth Mint and Philatelic Bureau Limited [2017] EWHC 417 (Ch) Sole Counsel in an appeal to the High Court against a decision of the IPO.
Alex Polley practises in the field of commercial litigation and arbitration, including banking, civil fraud, professional negligence and general commercial disputes. Recent cases include: Contra v Bamford [2023] EWCA Civ 374 (reverse summary judgment on contract claim); Caledonian Maritime v HCCI [2022] EWHC 164 (Ch) (reverse summary judgment on rectification claim); LA Micro v LA Micro [2022] 1 WLR 336 (equitable remedies and estoppel); PCP v Barclays [2021] EWHC 307 (Comm) (alleged deceit by bank in relation to capital raising); Flowgroup v Co-Op [2021] Bus LR 755 (challenge to expert determination); Pipia v BGEO [2021] EWHC 86 (Comm) and [2022] EWHC 846 (Comm) (alleged expropriation of a fertiliser factory); and A v B [2020] 1 WLR 3989 and [2020] EWHC 1492 (Ch) (privilege issues in relation to FRC investigation).
Alexander has a very wide commercial litigation and arbitration practice, including civil fraud, injunctions, company, banking, energy, commercial judicial review, trusts and general commercial disputes. He is regularly instructed in complex, high-value claims, including those with international elements.Alexander has particular experience in worldwide freezing injunctions (WFO), having appeared in several of the leading cases – including the recent significant decision of Fundo Soberano de Angola v dos Santos [2018] EWHC 2199 (Comm) where he appeared for the respondent and successfully set aside a US$3 billion WFO. Most recently, he also appeared as (as sole counsel) in Tsareva v Ananyev; Galagaev v Ananyev [2018/19] (Comm), for D10, arising out of a US$100 million claim for alleged fraudulent misrepresentation and conspiracy in connection with the collapse of a major Russia bank.Alexander has a wealth of advocacy experience, appearing in his own right before the Court of Appeal, in several High Court trials and in arbitral proceedings under a variety of rules. He has also obtained numerous interim injunctions, including WFOs, search orders and disclosure orders.
Barrister specialising in complex, high-value international disputes, predominantly resolved in arbitration, commonly concerning large energy and offshore construction projects and the extraction and sale of natural resources.
Alyssa has a broad practice covering all areas of commercial dispute resolution. She has worked on a variety of commercial disputes in areas such as civil fraud, banking, energy, shareholder disputes and jurisdiction challenges. Her current cases include Eurasian Natural Resources Corporation v Dechert LLP & Ors, where she is instructed by ENRC (with Clare Montgomery QC, Nathan Pillow QC, Anna Boase QC, Tim Akkouh, James MacDonald, Jack Rivett, Freddie Popplewell and Matthew Hoyle) in two joined claims brought by ENRC against its former solicitors and the SFO. From October 2018 to March 2019, Alyssa spent five months as a Judicial Assistant in the Commercial Court, where she worked on cases such as Marme Inversiones 2007 SL v Natwest Markets Plc [2019] EWHC 366 (Comm) (Picken J), Tugushev v Orlov [2019] EWHC 645 (Comm) (Carr J) and Oversea-Chinese Banking Corporation Limited v ING Bank N.V. [2019] EWHC 676 (Comm) (Moulder J).
Barrister specialising in commercial litigation and arbitration. Andrew also acts as an arbitrator and mediator.
Barrister specialising in international commercial arbitration. Regularly appointed arbitrator in international arbitrations as sole arbitrator, chairman and as party appointee. Substantial experience as arbitrator and representing parties in a wide range of commercial disputes, including joint venture agreements, construction contracts, defence contracts, the oil industry, the financial services and banking sector, insurance disputes, share acquisition agreements and warranty claims.
Barrister specialising in commercial litigation, including contractual disputes, unjust enrichment and restitution, fraud, companies and trusts and banking and financial services.
Andrew has a broad commercial practice that spans investor-state disputes, commercial arbitrations, complex multi-jurisdictional litigation, and all aspects of intellectual property law. He has acted in a range of cases in the London High Court as well as in arbitrations under all the main institutional rules (LCIA, ICC, HKIAC, etc). With a doctorate in chemistry, Andrew is comfortable with highly technical subject matter, and has particular experience acting in pharmaceutical, IT, and construction disputes.A list of Andrew's recent cases can be found at https://www.oeclaw.co.uk/barristers/full-cv/andrew-lomas
Andrew’s broad practice spans commercial and commercial chancery litigation, arbitration and advisory work. He has extensive experience of high-value and complex business disputes, with an emphasis on banking/financial services work, heavy contractual claims, civil fraud and company/insolvency matters. He maintains a specialist interest in trusts and other traditional Chancery areas and is a contributor to Snell’s Equity. Applications for freezing injunctions, Norwich Pharmacal orders, anti-suit injunctions and other interim relief form a mainstay of his practice, both before the English courts and in leading offshore jurisdictions. Current and recent cases include: Convoy Collateral v Broad Idea [2022] 2 WLR 703 (Privy Council); Rowland v Stanford [2022] EWHC 2135 (Ch), [2022] EWHC 1713 (Ch), [2022] EWHC 1436 (Ch), [2021] EWHC 1682 (Ch), [2021] EWHC 988 (Ch), [2021] EWHC 252 (Ch); Palmali Shipping v Litasco [2021] EWHC 1161 (Comm); Kea Investments v Watson [2022] 4 WLR 14, [2020] EWHC 2796 (Ch), [2020] EWHC 2599 (Ch); Evison v Finvision [2019] EWHC 3057 (Comm); Renova v Emmerson (Privy Council, Eastern Caribbean Court of Appeal, Eastern Caribbean Supreme Court); for professional trustees in a multi-party claim concerning a c.£65m trust for the successful respondent in a c.£150 million LCIA arbitration arising under a price review clause.
Practice encompasses large and complex commercial cases of every kind, ranging from the fields of banking & finance, company law, shareholder disputes and investment cases on the one hand to fraud claims, trusts, employment disputes and group litigation on the other. Has considerable experience of international litigation including jurisdictional disputes and cross border asset tracing, has appeared before the courts of the BVI and the Bahamas, and frequently acts in international arbitrations. Has acted as an English law expert in proceedings in several jurisdictions. Sits as an arbitrator. Several of his cases have been singled out as ‘cases of the year’ by major guides. Recent cases include: Union of Shop, Distributive and Allied Workers and others v Tesco Stores Ltd [2022] EWCA Civ 978; Re Prudential Assurance Company Ltd [2020] EWCA Civ 1626; The Post Office Group Litigation (Bates v Post Office Ltd); Re Edwardian Group Ltd [2019] 1 BCLC 171; and Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone & Anor.
Barrister specialising in commercial litigation and arbitration, with particular emphasis on banking including derivatives and CDOs/CLOs, financial services including regulatory disputes, joint ventures, professional negligence, companies, civil fraud and asset tracing, jurisdiction disputes and conflict of laws, corporate acquisitions and disposals.
Barrister specialising in commercial litigation. Her areas of practice include conflict of laws, contractual disputes, civil fraud, corporate insolvency and professional negligence. Camilla is admitted as a member of the Bar of the Supreme Court of the Eastern Caribbean (Virgin Islands) and is registered with the DIFC on the Register of Practitioners (Part II) in Dubai.
Recommended for his experience in commercial litigation and international commercial arbitration, particularly in energy-related matters. Areas of expertise include oil and gas contracts, share sale agreements/breach of warranty claims, jurisdiction and conflicts of laws, unjust enrichment, restitution, completion accounts, expert determinations and complex questions of contractual interpretation. Recent cases include (a) a case before the Court of Appeal on the question of whether a director or officer of a company who is outside the jurisdiction can be committed for his company��s contempt of Court; (b) an international commercial arbitration concerning issues of causation and quantum arising out of the breach of pre – emption rights under a shareholders’ agreement relating to a mobile phone company based in Nigeria; (c) an international commercial arbitration concerning the rights of a Russian deal-broker to commission arising from the sale of certain Nigerian oil & gas assets; (d) an international commercial arbitration concerning the proper interpretation of a BOT (Build Operate transfer) Contract relating to the reconstruction of an aluminium plant in Montenegro; (e) defending a Nigerian oil and gas company in Commercial Court proceedings against claims for commission based on a supposed oral contract and claims for quantum meruit totalling $200m; (f) successfully resisting a claim based on the supposed tort of malicious defence of civil proceedings brought against a defendant out of the jurisdiction; (g) assisting an expert forensic accountant in relation to legal issues arising in the context of a dispute over the form of completion accounts; (h) a Commercial Court trial in which the central issue was the proper classification (under and for the purposes of a JOA) of a well drilled in the North Sea. Recent reported cases include Dar Al Arkan Real Estate Development & a nor v Al Refai & ors: [2014] EWCA Civ 715; Energy Venture Partners Ltd v Malabu Oil and Gas [2013] EWHC 2118 (Comm); Ithaca Energy (UK) Ltd v North Sea Energy (UK) Ltd [2012] EWHC 1793; ING Bank NV v Ros Roca SA [2012] 1 WLR 472 CA; Bloomsbury International & Ors v Sea Fish Industry Authority [2010] 1 WLR 2117 (CA); CEP Holdings Ltd v Steni AS [2009] EWHC 2447 (QB); AI-Rawas v Pegasus Energy [2009] 1 All ER 346; Doughty Hanson v Roe [2008] 1VCLC 404 (Ch); ACP Capital v IFR Capital [2008] 2 Lloyd’s Rep 655; J&H Ritchie Ltd v Lloyd Ltd [2007] 1 WLR 670 (HL).
King's Counsel and international commercial arbitrator. Has 40 years experience of international dispute resolution, including acting as counsel and as arbitrator in institutional and ad hoc references involving many systems of law and with seats in many of the centres of international arbitration. Practice includes disputes in many of the principal industry sectors, including banking and finance, energy and resources, construction and infrastructure, professional services, shipping and commodities, transport, hospitality and leisure, insurance, healthcare and pharmaceuticals, and technology and telecommunications. CEDR accredited mediator.
Barrister specialising in commercial litigation and arbitration. Extensive advocacy experience, both alone and led, including commercial contracts, civil fraud, professional negligence, banking and finance and costs law.
Conall Patton KC has a broad commercial practice, including energy, competition, banking and finance, jurisdiction/choice of law, civil fraud and international arbitration. He is highly rated for his oral advocacy and cross-examination skills, the elegance of his drafting and his responsiveness to clients. He is sought after for advice on contractual construction: he currently acts for GlaxoSmithKline in a dispute with AstraZeneca about royalties payable under a patent licence; and he successfully appeared for Glencore in a 2-day appeal in the Court of Appeal concerning the interpretation of tax indemnities in an SPA, having previously conducted the 5-day Commercial Court trial. Conall has appeared in the leading cases concerning shareholder remedies for allegedly untrue or misleading information published by listed companies, notably for HP in its mammoth $5 billion Autonomy trial and for Tesco defending claims arising out of historic profit overstatements. Having previously represented British Airways and MAN in large-scale competition damages actions, in 2022 Conall successfully defended Ede & Ravenscroft in an 11-day abuse of dominance trial in the CAT and continues to act for Rabobank in fraud and competition law proceedings in the Financial List alleging USD LIBOR manipulation.
Barrister practising across the spectrum of commercial dispute resolution (both litigation and international arbitration). Areas of expertise include banking and financial services, civil fraud, energy and natural resources, professional negligence, insurance, product liability and all forms of contractual disputes (including construction and joint venture disputes). Recent work includes representing a product manufacturer in the Public Inquiry and litigation arising out of the Grenfell Tower fire; a multinational investment manager in a dispute concerning a $3 billion loan facility; a major pension fund in a dispute concerning a ground rent portfolio; a leading insurer in business interruption litigation arising out of the Covid-19 pandemic; Luxembourg liquidators in multi-jurisdictional investment fund disputes; the Libyan Investment Authority in $2.1 billion corruption claims against Societe Generale; and an AIM listed mineral resources company in proceedings to recover misappropriated mineral rights. As well as appearing in the Senior Courts in England and Wales, Craig has experience of appearing before other tribunals, including the Supreme Court of Bermuda and LCIA and UNCITRAL arbitration tribunals. He also has extensive experience of giving evidence on English law in foreign proceedings (including in Canada and Singapore).
International commercial arbitrator, 2018 – date; acting as presiding and co-arbitrator in a wide range of international arbitrations, including: insurance/reinsurance, banking, oil and gas, energy, telecoms, shipping, construction, mining and infrastructure, joint venture, financial services, investment and investment treaty disputes; provider of expert legal advisory services in English law.
KC in the field of commercial dispute resolution with a wide range of experience in the English High Court and in international commercial arbitration under the auspices of different institutional rules. Specialising in banking, finance and financial services (including restructurings, derivatives, and structured finance); general commercial litigation; domestic and international sale of goods; energy and utilities; civil fraud and freezing injunctions; company and insolvency; jurisdiction and conflict of laws; sports law. Recent cases include acting for General Dynamics in the Supreme Court in its claim against the state of Libya; acting in Commercial Court proceedings concerning the banking and financial crisis in Lebanon; acting for BHP in the Fundao dam group action; acting as lead counsel in a major ICC arbitration concerning a power station and the price of electricity generated; and acting for the Virgin Group in disputes concerning the licensing of its IP rights.
A general commercial specialist with extensive experience of complex and high value commercial litigation and arbitration. Daniel is experienced on matters involving arbitration, energy, civil fraud, company law and complex contractual disputes, as well as his expertise in freezing injunctions. Daniel is equally comfortable on his own, including appearing as sole counsel on matters such as Re: Lehman Brothers International (Europe) (Ch) – acting for Paragon Capital Management Fund Ltd, one of the respondents to an application by the Administrators of Lehman Brothers International (Europe) (LBIE), in a 12-day hearing to determine how certain of LBIE's assets should be distributed in accordance with FSA rules; or being led on matters such as Venture North Sea Gas Ltd v Nuon Exploration & Production UK Ltd (Comm) – acting for the claimant in a claim for specific performance and obligation to complete under a SPA concerning interests in certain gas fields and exploration blocks in the North Sea. Since 2013 Daniel has been heavily engaged in two major multi-billion dollar LCIA arbitrations, each centered upon the oil and gas industry, led by Gordon Pollock QC, concerning breach of confidentiality agreements in relation to petroleum concessions and long term contracts for the exploitation of petroleum. As well as trials, Daniel is frequently instructed to act in applications including worldwide freezing injunctions, summary judgments, security for costs and the delivery up of confidential information.
Dan’s practice covers the full range of commercial litigation, arbitration, and advisory work. He specialises in complex, high-value disputes, particularly those with international elements. He often appears unled in High Court proceedings and has full rights of audience in the courts of the Dubai International Financial Centre (DIFC). Before joining chambers, Dan was an associate in the litigation and arbitration group of White & Case (London). While there, he acted in LCIA and ICC arbitrations across the energy, commercial real estate, and telecommunications sectors. Before that, he completed the Oxford BCL, achieving first place in all four of his subjects. He also completed a training contract with the leading Australian firm King & Wood Mallesons, focusing on disputes and transactional work across the energy and construction sectors. For more details, including of recent cases, please see his profile here: https://www.oeclaw.co.uk/barristers/profile/daniel-fletcher.
David Wolfson (Lord Wolfson of Tredegar, KC) practises across a broad range of commercial law, both in litigation and international arbitration, specialising in banking, finance and insolvency law, professional negligence, domestic and international sale of goods, arbitration (domestic and international), jurisdiction disputes and sports law. David has been instructed in many major banking and commercial disputes, and also accepts appointments as Arbitrator (both sole arbitrator and as part of a panel). David served as Minister of Justice in the House of Lords (2020-22), and continues to contribute to the work of the House, speaking in particular on issues of law and justice. He is also the Chair of the Football Regulatory Authority.
Barrister specialising in all aspects of commercial dispute resolution in both litigation and international arbitration. Expertise in but not limited to: banking and financial services, commercial contracts (including agency), company law insolvency, contractual building disputes, insurance and reinsurance, injunctions, international and domestic sale of goods, and professional negligence with extensive experience of conducting trials.
David undertakes a broad range of commercial work and has extensive experience of working in various forums, including the High Court (both led and unled), the Court of Appeal (again, both led and unled), the Privy Council, the Eastern Caribbean Supreme Court, and arbitrations. He is admitted as a member of the bar of the British Virgin Islands. In the past year, David has acted on, amongst other things, the landmark Cukurova litigation, the Peak Hotels dispute (over the ownership and control of the Aman Resorts hotel group), Novatrust v Kea (a dispute over a private equity investment vehicle and the first derivative action on behalf of a foreign company that has been permitted to proceed before the English courts), and Goldman Sachs v Novo Banco (an $800m+ claim which raises issues under the European Banking Resolution and Recovery and Credit Institutions Winding Up Directives). David also maintains a busy advisory practice, and regularly advises on matters relating to banking, energy, the financial markets, civil fraud, arbitration enforcement and more.
Derek Spitz has a broad commercial litigation, competition and international arbitration practice, with particular expertise in private actions for damages in competition law cases. He has appeared in the CAT, High Court and the Court of Appeal. Recent work includes acting for Sainsbury’s Supermarkets Limited in substantial and high-profile claims against Visa and MasterCard concerning interchange fees implemented in breach of EU Competition law (judgment by the Court of Appeal in July 2018 following a 13-week trial against Visa and a 7-week trial against MasterCard. In July 2020, the Supreme Court recently upheld the decision of the Court of Appeal on all but one point); for Ryder Limited in another substantial and high-profile private action against the major European Truck manufacturers and distributors involved in a long-running Europe-wide cartel (In October 2020 the Court of Appeal ruled in favour of Ryder on a preliminary issue); for defendants in a breach of warranty and fraud claim involving alleged restrictive practices and abuse of dominance in relation to the supply of hydrocortisone tablets; for defendants in a complex fraud and conspiracy trial in the Commercial Court relating to the Iraqi oil and gas industry; for BMW in substantial “Elida-Gibbs” VAT repayment claims involving the proper construction of VAT and EU law; in a hard-fought trial concerning contractual construction and estoppel; in a lengthy arbitration under AFSA Rules, and advising on complex issues arising in derivative contracts under the ISDA Master Agreement. Derek has also acted in a number of substantial international commercial arbitrations under ICC, LCIA, and AFSA Rules and in several banking and finance related matters. Before being called to the Bar in England and Wales, Derek was a leading junior at the Johannesburg Bar, practising in commercial, competition and public law, and was an author and co-editor of Constitutional Law of South Africa (the leading work in the field). He continues to be a member of the Johannesburg Bar with expertise in South African law. Derek was educated at the University of the Witwatersrand (BA (Honours) LLB cum laude); Cornell University (MA) (Fulbright Scholarship); and Columbia University (JD) (Harlan Fisk Stone Scholar).
Barrister practising in commercial litigation and arbitration, including banking and financial services, civil fraud, energy and general commercial disputes. Recent cases include British Gas Trading Ltd v (1) Shell UK Ltd (2) Esso Exploration & Production UK Ltd [2020] EWCA Civ 2349 and [2018] EWHC 3943 (Comm) (alleged breaches of a long-term gas sales agreement), PIFSS v Al Rajaan (alleged fraud involving the Kuwait pension fund), and a high-value arbitration concerning an infrastructure project in CIS.
Barrister specialising in commercial dispute resolution, including: arbitration, civil fraud, commercial law, shareholder disputes and group litigation. Past notable cases include acting for Sir Frederick and Sir David Barclay in shareholder dispute over ownership of Connaught, Berkeley and Claridge’s hotels; and acting for construction company defendants to group litigation action by 500 blacklisted construction workers; acting for Australian financial entrepreneur, Graham Tuckwell, in US$500m shareholder dispute in Jersey; and for several leading UK water companies in £100m claims relating to the Environmental Information Regulations.
Ed Peel is a tenant at One Essex Street and also Professor of Law at Oxford University. He was formerly a solicitor and acted as a consultant from 1998-2013, principally for Clifford Chance LLP. He has been instructed in a wide and varied range of complex commercial work, principally in relation to investment, finance, infrastructure and commodities, in both court proceedings and in arbitration. He has a particular expertise in all types of contractual dispute and private international law. He has appeared frequently as an expert witness on English law in foreign proceedings and has been appointed as arbitrator under LCIA rules. Recent cases include: Makdessi v Cavendish Holdings BV [2013] EWCA Civ 1539 (Supreme Court only); Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd [2013] UKPC 2. Recent arbitrations include: ICC arbitration re the failure to close a joint venture agreement; LCIA abitration re claims arising from the import of biodiesel in breach of EU country of origin regulations; ad hoc arbitration re the defective quality of consignments of coal. Edwin is the author of Treitel on the Law of Contract and Halsbury’s Laws of England, vol. 22 (Contract), and the editor of a number of other books. He regularly appears in foreign proceedings as an expert witness on English law.
Eleanor has been involved in a number of high profile trials including: Tangent Investments Ltd v. MF Global UK Ltd & Anr [2009] 2 All ER (Comm) 589, which saw the first claim of its kind in which damages for lost profits were awarded to a trader; Berezovsky v. Abramovich [2012] EWHC 2463 (Comm), and most recently Glenn v Watson, a three month trial in the Chancery Division arising out of a proposed £129 million investment in UK property.Eleanor’s practice comprises all aspects of commercial litigation. For example, she recently acted for the third party respondent to an interim third party debt order in proceedings for the discharge of that order on grounds that (amongst other things) the debt was situated in India: Hardy Exploration & Production (India) Inc v Government of India v India Infrastructure Finance Company (UK) Limited [2018] EWHC 1916 (Comm); [2018] 2 Lloyd's Rep. 331Eleanor has acted as sole advocate before numerous arbitral tribunals constituted (variously) under ICC, LCIA and ad hoc UNCITRAL rules and (with leader) of SIAC. Eleanor has also acted as sole counsel in numerous proceedings in the High Court. She speaks and reads French, and has appeared before an international tribunal where this skill-set has been utilised.
Emma Himsworth specialises in all areas of intellectual property law and related aspects of competition and commercial law. Her practice encompasses court and advisory work. Emma has a BSc in Biological Sciences with Honours in Biochemistry and a Diploma in EC law. She has a particular interest and expertise in matters involving trade marks and passing off. Emma sits as an Appointed Person, hearing appeals from the UK Registrar of Trade Marks. She also accepts appointments as Arbitrator.
Barrister specialising in intellectual property law and related aspects of competition law including authors’ rights, breach of confidence, broadcasting, computer software agreements, copyright, covenants not to compete, designs, employees’ inventions, European and UK competition (as affecting the enforcement/exploitation of intellectual property rights and agreements), medicines’ licensing under European directives and UK law, misleading advertising, passing off and unfair competition, patent and know-how licences, patents, performers’ rights, publishing and recording agreements, restraint of trade, service marks, songwriters and entertainers contracts, technical assistance agreements, trade marks, trade secrets; a synopsis of notable cases in which he has been involved is available on request.
Guy Hollingworth specialises in intellectual property law with particular experience in matters concerning trade marks and passing off. His practice encompasses both contentious and non-contentious work and he regularly appears in the High Court, Court of Appeal, the UK IPO and has twice appeared in the Supreme Court. Guy is also a CEDR accredited mediator.
Henry Forbes Smith practices international commercial litigation and arbitration. He is recommended by Chambers & Partners (Banking and Finance) and Legal 500 (Banking and Finance and Civil Fraud). Henry is also admitted in New Zealand (1997) and New York (2001), and practised New York law with Davis Polk before coming to the bar in 2005. He acted in Lomas, the leading case on the ISDA Master Agreement. Henry has a doctorate in the conflict of laws and is often instructed specifically to advise on jurisdiction or on choice of law and the presentation of foreign law. He has been responsible for the presentation of Russian law in many of the major Russian cases in recent years, including Tajik Aluminium and Berezovsky v. Abramovich. Henry also has a substantial arbitration practice, including under LCIA, ICC, SIAC, ICDR, UNCITRAL rules. He also sits arbitrator.
Henry Hoskins’ practice covers a wide spectrum of commercial dispute resolution, including litigation and international arbitration. Henry has acted in complex, high-value litigation in the High Court and the Court of Appeal led by senior members of Chambers, as well as regularly appearing as sole counsel in the High Court (including the Commercial Court, the Chancery Division, and the Queen's Bench Division). He also has experience of international arbitration, including under the LCIA, ICC and Swiss Rules, and of arbitration issues in the Commercial Court. He has published a number of commentaries concerning commercial law in the Journal of International Banking and Financial Law and the Law Quarterly Review.
Barrister and arbitrator specialising in all forms of commercial dispute, including disputes relating to banking and banking regulation, commodities, competition, insurance and reinsurance and insurance regulation, investment treaty disputes, oil, gas and energy contracts and regulation, professional negligence, securities, share sale agreements, tax and telecommunications. Experienced in LCIA, ICC, SCC, SIAC, ICSID and Bermuda Form arbitrations, and regularly sitting in arbitrations with a foreign seat.
Ian is a CEDR accredited mediator specialising in mediating all forms of commercial disputes. He has broad commercial experience and is a former Head of Dispute Resolution at Freshfields Bruckhaus Deringer, where he was a partner for 30 years. In his former career he represented clients in many of the leading commercial disputes of the day, involving many business sectors and jurisdictions. He has mediated disputes in a number of different market sectors.
James is a leading commercial silk practising in all aspects of commercial law. Particularly well-known for his high-profile general commercial and banking and finance practice, James’s practice encompasses all major areas of commercial law, including fraud, technology, energy, professional negligence, injunctions, jurisdiction, enforcement and international arbitration (under ICC, ICSID and LCIA rules). James is has been ranked in the leading directories for commercial law and banking and finance for many years and regularly appears in the largest and most valuable Commercial Court cases (current or recent cases include Mozambique ‘tuna bonds’, ENRC v Dechert; PIFSS v Pictet; Vestia v DB; Tchenguiz v Grant Thornton; DB v Sebastian, Vik).
James has a broad commercial practice, with particular experience in disputes concerning debt or equity finance and/or telecommunications. Approximately half of his practice is court litigation, in England and overseas. James is admitted as a member of the Bar of the British Virgin Islands, and has considerable experience of litigation in the Eastern Caribbean Court of Appeal and the Privy Council. The other half of James’ practice is international commercial arbitration. James has extensive recent experience of arbitration under various institutional rules (including ICC, LCIA and UNCITRAL), and of litigation concerning the enforcement of arbitral awards. James’ current and recent work includes: Group litigation in relation to the Environmental Information Regulations (Chancery Division) (2020) - James acts for a group of water companies defending claims from over 100 claimants for the restitution of fees paid for the provision of information which, the claimants allege, the companies were obliged to provide for free under the Environmental Information Regulations. LIC Telecommunications Sarl v VTB Capital and others (Commercial Court) [2019] EWHC 1747 (Comm) – James is sole counsel for Maze Sarl, a Luxembourg provider of corporate services, defending claims of fraud, conspiracy and collusion, in relation to the sale of a controlling stake in the Bulgarian telecom operator Vivacom. ICC arbitration (2019) – Arbitration concerning Formula 1 motor racing. Castle Water Limited v Thames Water Utilities Limited [2020] EWHC 1374 (TCC) - Acts for Thames Water in this dispute arising out of Thames Water’s sale of its non-household retail water business to Castle Water. LCIA arbitration (2019) – Arbitration concerning “buy out” rights under a shareholders’ agreement. The Construction Industry Vetting Information Group Litigation (Queen’s Bench Division) – Acted for Amec in this group litigation, concerning allegations of blacklisting in the construction industry, in which more than 1,000 claimants sought damages for defamation, breach of the Data Protection Act, breach of confidence, misuse of private information and conspiracy. Named by The Lawyer as one of the top 20 cases of 2016. James also acted for Amec in related Part 20 proceedings in which other construction companies sought contribution from Amec towards sums which they paid to individual claimants. ICC arbitration (2018) – Arbitration arising out of major civil engineering project in Panama. EE Limited v Phones 4U Limited (Commercial Court) [2018] 1 Lloyds Rep 204 – Acted for EE, defending a claim from the administrators of Phones 4U for commissions under a long term customer acquisition contract, and counterclaiming for damages for repudiatory breach. UNCITRAL arbitration (2018) – Arbitration concerning private equity investment in a telecommunications company. Sonera Holding B.V. v Cukurova Holding A.S. [2014] UKPC 15 – Acted for Cukurova in this long running litigation concerning the enforcement in the BVI of a New York Convention arbitration award of approximately US$1 billion, which gave rise to a number of appeals to the Privy Council. LCIA arbitration (2018) – Arbitration concerning an agreement to purchase a majority shareholding in an oil exploration company. LCIA arbitration (2017) – Acted for the defendants in this arbitration, defending claims for over $6 billion.
His practice covers the full range of domestic and international commercial litigation and arbitration, with an emphasis on civil fraud and banking and finance matters. Jamie has extensive experience at first instance and before the Court of Appeal. He also has experience of litigating in offshore jurisdictions, (ie., Isle of Man, Anguilla, Supreme Court of the Eastern Caribbean, Dubai) and Privy Council procedure. He is admitted as a member of the Grand Court of the Cayman Islands and the Isle of Man bar.
Jeffery Onions undertakes a wide range of complex commercial and company law disputes work both as an advocate and in an advisory context. He has particular expertise in banking and finance, company and insolvency, commercial litigation, civil fraud, energy/oil and gas, insurance and reinsurance, shareholder disputes and international arbitration. He also accepts appointments as an arbitrator and expert. Recent cases include: Acting in a significant claim for fraudulent misrepresentation and breach of warranty arising from the sale a pharmaceutical business. Advising in relation to arbitration claims arising from a significant construction project in the Middle East. Acting as a party-appointed arbitrator in a Bermuda Form arbitration. Acting as sole arbitrator in a claim relating to litigation funding agreements. Acting in a number of cases involving secured finance loans raising allegations of sham, duress and undue influence. PCP/Staveley v. Barclays Bank plc. Appearing at trial for Barclays in a high profile dispute involving substantial claims arising from the alleged role of PCP and Ms Steveley in assisting Barclays to raise £7 billion a capital raising conducted by the bank during the 2008 financial crisis (one of The Lawyer's top cases of 2019 and 2020). Acting in confidential cases involving complex multi-tiered debt re-structuring, with particular reference to the effects of the covid pandemic Acting in an international arbitration (ICC) involving Chinese investments in foreign based funds involving issues of contractual construction, rectification, foreign law and fraud. Acting in a confidential dispute relating to the operation of luxury hotels and alleged breaches of management agreements relating thereto. Acting in a confidential dispute involving to the transfer and operation of substantial infrastructure assets in relation to North Sea oil and gas. Acting for the claimant in a substantial fraud claim in relation to Kazakhstan mining assets raising issues of Kazakh law, jurisdiction and proper law. Acting for excess insurers in a confidential dispute relating to costs coverage issues. Advising on issues related to the quantum of damage arising from an international arbitration relating to substantial shipbuilding contract and fraud/bribery related claims. Acting in and confidential dispute involving a major infrastructure provider in relation to issues arising with the entities using the infrastructure, dealing with contractual claims by those entities and arising out of complex scheme established for the use of the structure and advising on strategies to avoid and minimise claims. Acting in a substantial arbitration involving a dispute between private equity funds in relation to the purchase of telecom towers in Africa. Advising on contractual construction issues arising from a joint venture agreement in relation to a substantial public procurement exercise and the effect of challenges to the validity of the procurement exercise. Advising an electricity provider on claims arising from damage to the provider’s infrastructure. Notable reported cases include: Apache Beryl v Marathon Acting for a non-party heavily involved in an expedited trial in the Commercial Court relating to the proposed purchase of significant infrastructure assets in the North Sea and raising issues as to reasonable consent to transfers, pre-emption, de-commissioning costs and the reliability of financial models of future earnings from the transportation of gas. Lebara Mobile Ltd v Lycamobile UK Ltd [2015] EWHC 3318 (Ch) Acting for Lyca in successfully defending injunction proceedings alleging numerous causes of action under English and certain EC laws. Under English Lebara alleged, in particular, conspiracy to injure, interference with its business by unlawful means, unlawful means conspiracy and a direct claim under the Privacy and Electronic Communications (EC Directive) Regulations 2003. IBM v Fujitsu [2014] EWHC 752, Acting for IBM in a substantial computer contract dispute raising issues as to the construction and effect of exemption clauses. McKillen v Maybourne Finance Ltd [2012] EWCA Civ 864, appearing for Maybourne Finance Ltd in a case involving the interpretation of a loan agreement and issues of novation. Included a hearing before the Court of Appeal dealing with the construction of articles of association. Tullet Prebon v BGC Brokers. Acting at first instance [2012 IRLR 648] for the Claimants in a claim alleging unlawful means conspiracy based on inducing or procuring employees to act in breach of their contracts of employment that also raised issues of sham constructive dismissal, the enforcement of garden leave injunctions and the grant of “no poach” injunctions. Network Rail Infrastructure Ltd v Conarken Group Ltd [2011] EWCA Civ 644; [2012] 1 All E.R. (Comm) 692. Acting for Network Rail in a test case in the Court of Appeal relating to the recoverability in tort of economic loss in the form of compensation payable pursuant to complex contractual provisions governing the relations between Network Rail and Train Operating Companies following damage and disruption to train services as a result of "bridge strikes". Centrica & BGTL v. Premier Power [2006] EWHC 3068 (Comm), [2006] All ER (D) 23 (Dec); [2007] EWHC 527 (Comm) Acting for PPL, in relation to the construction of a Gas Supply Agreement in light of Network Code changes and postalisation in Northern Ireland. Harley Street Capital Ltd v. Tchigirinsky & Ors [2005] EWHC 1897 (Ch). Successfully defending a derivative action, concerning the conduct of Russian subsidiaries. Specifically the alleged fraudulent acquisition of an oil field from Roman Abramovich's Sibir Energy plc, in the context of a minority shareholders action.
John McCaughran’s practice covers a broad spectrum of commercial litigation and arbitration, with an emphasis on banking and finance, energy/oil and gas, and civil fraud cases.
Jonathan Bremner KC specialises in tax. His practice focuses on complex, substantial tax litigation and advisory work. Jonathan acts for clients from a wide range of industry sectors, including large multinationals, major listed companies, owner-managed businesses and high-net worth individuals, as well as local and central government. Recent cases include FII GLO, Prudential Assurance Co, RFC 2012 PLC (Supreme Court); Irish Bank Resolution Corp, LIFE Services, Smith & Nephew, MG Rover, Farnborough Airport, Newey (Court of Appeal); Royal Bank of Canada, Urenco Chemplants, London Luton Hotel BPRA Property Fund, BAT Industries (Upper Tribunal); Post-Prudential Appeals GLO, Hannover Leasing, LINPAC, Panayi (FTT). Recent advisory work includes double taxation treaties, permanent establishments, business structuring issues, company reconstructions, transfer pricing, capital allowances, partnership taxation, employment and personal taxes, VAT (e.g. supply classification issues, scope of exemptions, input tax recovery, partial exemption, claims to recover overdeclared VAT).
Joyce has a broad commercial practice, with particular experience in taking large and complex disputes to trial. Her work covers a wide range of areas, including energy (BGT v (1) Shell (2) Esso [2020] EWCA Civ 2349), banking (Vestia v BNPP, LBSF v NPC [2019] 2 BCLC 118), civil fraud and shareholder and SPA disputes. She acted for the SFO in the ENRC/Dechert/SFO litigation and for Sports Direct in its long-running litigation with Rangers FC. Joyce also has experience in arbitration, including high-value energy disputes, and has worked on a number of Arbitration Act cases, including a successful section 68 challenge and a rare Court of Appeal case (Haven v EUI [2018] EWCA Civ 2494). Joyce enjoys working as part of a team or as sole counsel, and is on the Attorney-General’s C Panel.
Barrister specialising in commercial, company and banking litigation including a wide variety of offshore litigation with advocacy experience at trial and appellate level in England and Wales and offshore jurisdictions. Recent cases include acting for the successful Third Defendant in Tatneft v Bogolyubov and others [2021] EWHC 411 Comm, successfully defending a case of alleged front-running and fraud against HSBC Bank in ECU Group plc v HSBC Bank plc [2021] EWHC 2875 (Comm) successfully challenging jurisdiction of the English courts on behalf of the Third, Eighth and Tenth Respondents in a case brought by the Kuwaiti Public Institution for Social Security against, amongst others, a number of Swiss financial institutions [2022] EWCA Civ 29, and representing the administrators of Phones 4u in a standalone damages claim against major mobile phone networks.
Krishna’s practice covers all areas of commercial dispute resolution. Among other matters, he is currently instructed on behalf of the Danish Customs and Tax Administration on a £1.5 billion fraud claim against nearly 80 Defendants. He is also acting as junior counsel to Dame Elizabeth Gloster in a regulatory investigation of the FCA. Krishna has experience of working on several complex commercial disputes including the Lloyds/HBOS trial (assisting Sebastian Isaac), the Commercial Court trial in Minera Las Bambas SA v Glencore Queensland Ltd [2018] EWHC 1658 (Comm) (assisting Conall Patton QC) and a substantial LCIA Arbitration (assisting Steven Elliott QC). From March to July 2019, Krishna worked as a Judicial Assistant at the Commercial Court where he assisted the judges with some of the leading cases decided during that period such as Arcelormittal v Essar Steel [2019] EWHC 724 (Comm) (Jacobs J), PJSC Tatneft v Bogolyubov [2019] EWHC 1400 (Comm) (Butcher J), Ministry Of Defence v International Military Services Ltd [2019] EWHC 1994 (Comm) (Phillips J) and Magdeev v Tsvetkov [2019] EWHC 1557 (Comm) (Picken J). Before Krishna was called to the Bar, he researched and taught the law of restitution at Oxford. His work on the subject was recently cited with approval by Leggatt LJ (as he then was) in Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718. Krishna is qualified to practice in India and is able to advise on commercial disputes involving Indian law.
Laurence Emmett’s practice extends over the full range of issues that arise in commercial disputes, including both litigation and international arbitration. His experience covers issues of contractual interpretation, jurisdiction and the enforcement of judgments and injunctive relief. He has particular knowledge of the energy industry (including hydrocarbon-based and renewable resources), banking and finance and the pharmaceutical industry. Beyond our core practice areas, Laurence has particular interest and experience in fine art disputes. His recent work includes Golubovich v Golubovich (dispute over the ownership of a valuable collection of artworks and antiquities – see most recently the decision on jurisdiction, [2022] EWHC 1605 (Ch)); Bilta UK Ltd v Tradition Financial Services Ltd (claim brought in relation to VAT fraud relating to EU carbon credits, carried out in 2009 – see [2022] EWHC 723 (Ch)); and Cardiorentis AG v IQVIA Ltd (a claim relating to the conduct of a clinical trial relating to a drug put forward as a treatment for heart failure – see [2022] EWHC 250 (Comm)). He has also been instructed in a number of high-value international energy arbitration and has acted for FCA enforcement in relation to investigations and disciplinary matters.
KC specialising in commercial litigation, arbitration, banking and finance, company law, energy, civil fraud, competition and professional liability. Recent cases include acting for: Credit Suisse in a claim for investors in loan assets purchased on the secondary markets in relation to the scandal-hit US$2bn “tuna bond” loans made to the Republic of Mozambique; Visa Europe Services in long-running multilateral interchange fee litigation (High Court and Competition Appeal Tribunal); the Second and Third Defendants in the complex PJSC NBT v Mints litigation; the Danish Tax and Customs Administration in the SKAT fraud litigation; multi-national security services company G4S in defending shareholder claims for £100m+; defendants in Jinxin, Inc v Aser Media Pte Ltd in claims alleging deceit and unlawful act conspiracy; International Petroleum Investment Company in its dispute with Malaysian sovereign wealth fund 1MDB; Hewlett Packard in £3.4bn damages claim regarding the acquisition of Autonomy; Tesco PLC in defence of shareholders claims brought under s90a FSMA 2000; a major international petroleum group in a c.US$5.5bn arbitration claim. Notable cases: BTI v Sequana; Dargamo v Avonwick & Ors; IGE v HMRC; Hulley; Travelport v WEX; Arcadia Petroleum Ltd v Bosworth; Société Générale v Goldas; Guardians of New Zealand Superannuation Fund & Ors. v Novo Banco; Banco Santander Totta v Carris; RBS Rights Issue litigation; Littlewoods Limited & Ors v HMRC; Sabbagh v Khoury; Berezovsky v Abramovich; ‘Bank charges’ litigation; Colour Quest v Total Downstream ‘Buncefield’; Sempra Metals Ltd v Inland Revenue Commissioners.
Called to the Bar and practised largely in property law, taking silk in 1987. Practice involved a large amount of court and arbitration advocacy, as well as much advisory work. Appointed a High Court Judge, sitting in the Chancery Division, in 1996, and tried a number of cases involving financial and commercial contractual disputes, revenue law, company law, insolvency law, IP law, and property law, professional negligence. Since joining One Essex Court in 2017 as a full-time arbitrator, has been appointed as Chairman, Party-Appointed Arbitrator and Sole Arbitrator in a number of arbitrations under different rules, including ICC, LCIA, SIAC, UNCITRAL and WIPO. These appointments have covered a wide range of practice areas including building, trade mark, patent, insurance, investor-state, property valuation, breach of trust, oil and gas, mining, employment, business sale, and inter-investor disputes.
Malcolm Gammie started his tax career in the City with Linklaters & Paines. After a period of tax policy work at the Confederation of British Industry, he was among the first lawyers to work in the tax field with a leading accounting firm. At KMG Thomson McLintock (now part of KPMG), he was the first Director of the firm's National Tax Office before becoming its Director of National Tax Services. In 1985 he returned to Linklaters & Paines and from 1987 to 1997 was one of its senior tax partners. He moved to the Bar in 1997 to concentrate on tax litigation and advisory work and took silk in 2002. Over his career, Malcolm has gained experience in most aspects of taxation and is noted as a leading practitioner in the commercial, European and international taxation fields. Malcolm Gammie is among the leading advocates at the Revenue Bar. He has represented both His Majesty’s Revenue and Customs and taxpayers is a series of high profile disputes, including for HMRC the Eclipse 35 and Ingenious film scheme litigation. His experience as a solicitor in preparing cases, including handling both documentary and witness evidence, provides him with a unique insight into the conduct of litigation. At Linklaters, he had charge of cases before the Tax Tribunals as well as before both the High Court and the Court of Appeal. As an advocate he has represented taxpayers and the Revenue at all stages of tax appeals including the House of Lords, the Supreme Court and European Court of Justice. He is noted for his painstaking attention to detail on all aspects of the litigation process. He has also assisted in negotiations with the Revenue leading to the satisfactory settlement of disputes. In addition to his substantial litigation practice Malcolm also advises on all aspects of commercial, European and international taxation, for both incorporated and unincorporated entities, their shareholders and employees. He covers all the main direct taxes, value added tax, national insurance, stamp and other duties, and the related European and administrative law. Malcolm's clients include many leading UK and foreign multi-national companies, banks, insurance companies and other financial institutions. Malcom has also acted as an expert in litigation in New Zealand, The USA and The UK. He is one of the UK's arbitrators under the EU Arbitration Convention and has served in the capacity as both a chairman abd member of an a arbitral panel.
Marcos Dracos undertakes a broad range of commercial work, with emphasis on international arbitration, conflict of laws, civil fraud, offshore and CIS related litigation. He has extensive experience appearing as counsel in international arbitration disputes (on his own or as part of a team), and he also sits as an arbitrator. Marcos can advise on all aspects of English and Cypriot commercial law. He has full rights of audience in England and Cyprus and, in addition to his arbitration work, he frequently appears before courts in both jurisdictions. In England, he frequently acts in jurisdictional disputes and arbitration related matters. In Cyprus, he has acquired particular experience acting in jurisdictional disputes, arbitration claims, company and shareholder disputes, trust disputes, civil fraud claims, freezing order and disclosure applications. He also has experience appearing as an expert witness on English and Cypriot law in foreign courts and tribunals and is admitted as a barrister of the Eastern Caribbean Supreme Court in the Territory of the Virgin Islands. He is a member of the ICC Court of Arbitration (2021-2024). Marcos has a PhD from the University of Cambridge where he also taught contract law. Presently he is a visiting lecturer at the law department of the University of Cyprus, lecturing on Cypriot Civil Procedure and Evidence.
Matthew Cook specialises in all aspects of commercial dispute resolution in litigation, international and domestic arbitration, expert determination and ADR. He has significant experience in (but not limited to) disputes arising in the fields of administrative and public law, banking and finance, commodities, commercial contracts, competition and EU law, company law, corporate and individual insolvency law, energy and natural resources, financial services, professional negligence and industry regulation in general. He is also experienced in applications for injunctive relief (including anti-suit).
Current highlights of Max’s practice include his work in large group litigation. Max is currently instructed on a number of such cases, for example, the Fundão Dam Litigation, the largest (by number of Claimants) group litigation in England and Wales, where Max acts for the defendant, BHP. Other highlights of Max’s practice in 2023 include: Virgin Enterprises Limited v Brightline Holdings LLC, a ca. US$115m claim in the Commercial Court arising out of the early termination by Brightline of a 20+ year licensing agreement. Max acted for Virgin in the three-week Commercial Court trial of this matter in July 2023. And SKAT v Solo Capital Partners, a multi-billion claim in the Commercial Court against over 100 defendants arising out of a fraud on SKAT, the Danish revenue authority. Max acted for SKAT in the recent four-week Commercial Court trial of preliminary issues [2023] EWHC 590 (Comm). Max also has considerable experience in the energy sector (e.g., an ICC Arbitration concerning a major gas pipeline infrastructure project (2019), and an LCIA Arbitration concerning a major energy construction project (2017-2019); and in the banking/finance sector, for example, the RBS Rights Issue Litigation; Dana Gas PJSC v Dana Gas Sukuk Limited; and his work in three Madoff-related cases (each in the Privy Council, e.g., Pearson v Primeo Fund (No 2) [2020] UKPC 3.
Mehdi undertakes a broad range of commercial work and has experience of appearing both led and unled in the High Court. Core practice areas include (but are not limited to) banking and finance, derivatives, commodities and conflict of laws/jurisdiction. Appeared (with Adrian Beltrami QC, Anthony de Garr Robinson QC, Alexander Polley and Sandy Phipps) for the Defendant Bank, in The Libyan Investment Authority v Société Générale (listed in The Lawyers’ Top 20 Cases in 2017). In recent years, Mehdi’s practice has centered on complex derivatives disputes. In Banco Santander Totta v Carris [2016] 4 WLR 49 he appeared (with Laurence Rabinowitz QC, John Odgers QC and Simon Colton) in the first action heard before the newly-created Financial List, concerning the sale of interest rate swaps to Portuguese transport companies. In Marex Financial Limited v Creative Finance Ltd and Cosmorex Ltd [2014] 1 All ER (Comm) 122, he appeared (with Alain Choo Choy QC), where the Commercial Court considered the duties of a broker when closing out its client’s portfolio.Other notable involvements include: One Step (Support) Ltd v Karen Morris Garner & Ors [2015] IRLR 215; [2016] IRLR 435; [2016] 3 WLR 1281 (with Craig Orr QC), before the Supreme Court (October 2017) (Judgment pending) on the important issue of Wrotham Park damages; and in a regulatory / competition context: R (oao Albion Water Limited) v. OFWAT & Anr [2012] EWHC 2259 (Admin); and Albion Water Limited v. Dwr Cymru Cyfyngedig [2013] CAT 6 (with Thomas Sharpe QC and Matthew Cook) before both the Administrative Court and the Competition Appeal Tribunal.
Michael Clark’s practice covers a broad range of commercial litigation in all of chambers’ key areas. He has extensive experience in advocacy, including conducting High Court trials and appearing in the Court of Appeal unled, with particular expertise and experience in cross-examination. This work is balanced by being led in larger trials and a busy advisory practice. In addition, Michael has also acquired niche experience in financial services, and energy and utilities regulation, having worked for the former FSA, FCA, Ofgem and Ofwat.Michael is currently instructed in a high value claim against a bank for selling shares of interest rate swaps on the basis of alleged misrepresentations, breaches of duties of good faith, and duress, and in an international claim involving the supply of bandwidth by a fleet of satellites. He was engaged by the claimants/appellants (at the permission stage, before the Court of Appeal) in the highly publicised Clutterbuck v. Al Amoudi [2014] EWHC 383 (Ch) proceedings, concerning fraudulent misrepresentation, and breach of trust, arising from an alleged joint venture agreement for property development.Other notable cases in which Michael has acted include Landmark Investments Ltd v. Dome Cleaning Services Ltd. [2015] EWHC 58 (QB); Seakom Ltd v. Knowledgepool Group Ltd [2014] EWCA 1164; [2013] EWHC 4007 (Ch), Nationwide Building Society v. Thompson [2013] EWHC 4515 (Ch), Eilon & Associates Ltd v. easyGroup IP Licensing Ltd [2011] EWHC 4094, Manoudakis v. easyGroup Holdings Ltd [2011] All ER (D) 171 (Oct), United States Securities & Exchange Commission v. Manterfield [2010] 1 W.L.R. 172, and Itsalat International Company Ltd v. Allied TC Plc [2009] EWHC 1265(CH).
Michael practises across a wide range of commercial law, with a particular interest in the areas of banking and finance, energy, shareholders, and disputes with a technical or scientific aspect. He undertakes advisory and litigation work, both in the courts (principally the High Court and the Court of Appeal) and in arbitration. He also sits as an arbitrator. Notable recent cases include (1) Thurcroft Power Ltd v. Volta Energy Group Ltd [2022] EWHC 338 (Comm) (concerning the proper interpretation of an option agreement relating to a battery storage project); (2) the BlueCrest litigation, most recently Revenue and Customs Commissioners v. BlueCrest Capital Management LP [2022] UKUT 200 (TCC) and BCM Cayman LP v. Revenue and Customs Commissioners [2022] UKUT 198 (TCC); [2022] STI 1188 (concerning the taxation of BlueCrest’s alternative asset management business); and (3) CFH Clearing Ltd v. Merrill Lynch International [2020] EWCA Civ 1064 (concerning a claim for losses arising from trades entered into in the wake of the de-pegging of the Swiss Franc from the Euro).
Michael Sullivan K.C. specialises in energy, banking and other commercial disputes. He has recently successfully represented the Republic of Kenya in three arbitrations concerning energy disputes as well as successfully representing Kenya in an ICSID Annulment application: ICSID Case No ARB/15/29. He recently acted for the Republic of India in the successful defence of an application to set aside an award under a BIT. He recently represented Zambia Consolidated Copper Mines in an arbitration concerning Africa’s largest copper mine and is presently representing the Republic of Zambia in a large-scale ICSID arbitration. He has successfully represented the Republic of Zambia in a number of arbitrations and in the vulture fund case which led to international notoriety of the activities of funds acquiring distressed sovereign debt in Africa. He successfully represented East Africa Development Bank in disputes in the Tanzanian Courts: [2011] TLR 1 and is currently representing it in proceedings in the High Court of Kenya, the Court of Appeal of Kenya, the Court of Appeal of Uganda and the East African Court of Justice. He successfully represented H.E. President Museveni in the English High Court. He has led substantial arbitrations in Russia, including cases for the Russian state-owned oil company. He is presently representing the Republic of Kenya and a Far-Eastern State in large-scale arbitrations. Michael sits as an Arbitrator, most recently concerning energy, financial and aviation disputes. Recently Michael was awarded the honour of Order of the Grand Warrior of Kenya for his service to the Republic of Kenya.
Specialising in international arbitration and jurisdiction disputes, having acted in a number of leading cases including Cecil and others v Bayat and others [2011] EWCA Civ 523, Michelle’s practice covers the broad range of international and domestic litigation in all of chambers’ key areas including banking and finance and energy. Frequently instructed (with and without a leader) in high profile and high value cases, Michelle’s recent work includes three sets of parallel proceedings (ICC and UNCITRAL) concerning substantial £150m+ disputes relating to force majeure defences to the lack of gas supply to chemical plants; expedited section 994 unfair prejudice petition proceedings arising out of the disputed sale of a 25% shareholding in an international software business; a €120million dispute concerning a major gas pipeline running under the Black Sea; a $4billion telecoms shareholder dispute; and sole counsel in a dispute concerning the acquisition of a portfolio of non-performing loans for in excess of £1billion. She also has significant experience of appearing and advising on a broad range of applications including service out of the jurisdiction, security for costs, Norwich Pharmacal orders, anti-suit injunctions and summary judgments.
Commercial barrister instructed in many of the heaviest and most complex cases of the day. Recent and ongoing cases include the Tesco fraud litigation (investor claims resulting from the publication of fraudulent accounts), Halliburton v Chubb (arbitrator bias), Nissan v Ghosn (fraud claim against the former president of Nissan). A particular emphasis on international fraud and asset tracing, financial services, shareholder and company disputes and arbitration. Frequently appears in Courts and tribunals overseas, including BVI, Cayman, Singapore.
Nick’s practice is divided equally between international commercial arbitration and disputes heard in the English courts. Over the years, Nick has acted in some of largest-scale international commercial disputes, frequently within the energy or financial sectors, and often involving allegations of fraud or other wrongdoing. Nick’s recent work has included the following: SIAC arbitration (Singapore seat): acting (with Laurence Rabinowitz QC) in a US$5.5bn SPA dispute in the oil&gas sector, being heard in Singapore under the rules of SIAC. The trial took place over some 35 days in 2018; The VW Emissions group litigation: defending the VW group (with Charles Gibson QC, Prashant Popat QC and others) in the largest ever English Group Litigation Order; ICC arbitration (Geneva seat): acting (with John McCaughran QC) in a multibillion US$ gas supply dispute between national electricity/gas companies heard at the ICC in Paris. Successfully obtained an approx US$1.7 billion award (subsequently upheld before Geneva courts); Dar Al Arkan v Al Refai: acting (with Craig Orr QC) in a fraud dispute relating to Islamic bonds/banking practice, one of The Lawyer’s Top 20 High Court trials of both 2015 and 2014; Bilta v Deutsche Bank: acting (with Daniel Toledano QC) for Deutsche Bank in relation to alleged carbon trading fraud; and A corporate investigation at a FTSE 100 plc.
Barrister specialising in commercial and chancery litigation and professional negligence; keen on appellate work; considerable experience as arbitrator, including international LCIA, ICC and LMAA arbitrations as well as ad hoc; enjoys work as sole arbitrator; mediation with preference for early neutral evaluation; experience as expert witness.
Oliver has a broad commercial practice, encompassing litigation, arbitration and advice. Oliver is currently acting for Barclays (with Jeffery Onions QC, David Quest QC and Alexander Polley) in PCP Capital Partners LLP v Barclays Bank, one of The Lawyer’s Top 20 Cases of 2020. PCP claims damages of over £1 billion arising from its alleged role in a capital raising conducted by the bank in 2008. A 10 week trial took place in the summer/autumn of 2020.Other current and recent work includes:Bilta (UK) Ltd & Ors v (1) RBS plc and (2) Mercuria Energy Europe Trading Ltd [2017] EWHC 3535 (Ch): For the Claimants (with Christopher Parker QC and Orlando Gledhill QC) in a 6-week trial in June/July 2018 of dishonest assistance claims relating to carbon emissions allowance (EUA) trading that formed part of an €88 million missing trader VAT fraud.RREEF European Value Added Fund v Deutsche Alternative Asset Management (UK) (Ltd) (Comm) (2014-2016): For the Claimant (with Daniel Toledano QC and Orlando Gledhill) in a claim for over €150 million for breach of contract and/or gross negligence by a fund manager.Mercuria Energy Trading Pte Ltd & Anor v Citibank NA & Anor [2015] EWHC 1481 (Comm): Acting for the defendant Citibank (with Daniel Toledano QC and Richard Mott) in expedited proceedings arising under master agreements for commodity (metal) ‘repo’ transactions, including counterclaims for over US$250 million and declaratory relief. Pathfinder Minerals Plc & Ors v Veloso & Ors [2012] 2856 (Comm) Acting for the Claimants (with Craig Orr QC) successfully at first instance and in the Court of Appeal ([2013] Civ 505) in a claim for declaratory and injunctive relief arising out of a dispute over mineral rights in Mozambique valued at over US$ 500 million.
A broad range of commercial litigation, arbitration and advice. Recently acted for Legal and General in £370 million claim for breach of exclusivity agreement and breach of confidence, Bonhams auction house in £70 million claim for conspiracy and deliberate breach of fiduciary duty, NCR Corporation in £35 million conspiracy and fraud claim, Google in a claim for breach of confidence, Alstom in public policy defence to enforcement of arbitration award, Barclays Bank in alleged breach of Quincecare duty not to follow payment instructions and in separate US$800 million claims for breach of confidence and LIBOR misrepresentation by investment funds, Goldman Sachs International in US$1.2 billion trial of claims by Libyan Investment Authority to set aside equity derivatives transactions, Liquidators in claims against RBS and Mercuria for dishonest assistance arising out of carbon trading, British Gas in trial of dispute arising from carbon emissions reductions, real estate investment fund established by Deutsche Bank, Spanish oil major in arbitration against exploration joint venture.
Barrister called in 2014 specialising in: Arbitration Banking and Financial Services Civil fraud Commercial Litigation Company and Insolvency Competition Energy and Natural Resources Jurisdiction and Conflict of Laws Professional Liability Sports Tax and Revenue
Barrister specialising in commercial law and appearing regularly in the High Court, led and in his own right, particularly in cases in which competition, shareholder rights and sports law issues arise.
Patricia undertakes a broad range of commercial work, both contentious and advisory. She has substantial experience of complex, high-value litigation and alternative dispute resolution (including domestic and international arbitration and expert determination), particularly in the field of banking and finance. She has appeared in the Court of Appeal and the High Court as part of a larger team and has also acted as sole counsel in both the High Court and County Courts.Notable and recent involvements include:MetLife Seguros de Retiro SA v. JP Morgan Chase Bank, National Association [2015] EWHC 463 (Comm)For JP Morgan Chase (with David Wolfson QC) before the Commercial Court (10 days), in a claim concerning the sum paid on the redemption of structured CER-linked notes.M&G Broad European Loan Fund Ltd & Ors v Hayfin Capital Luxco 2 Sarl & OrsFor the claimant ROFR holders (with David Wolfson QC) in proceedings concerning the validity of transfers of shares and subordinated debt under the terms of a Shareholders’ Deed. See the related judgment M&G Broad European Loan Fund Ltd v Hayfin Capital Luxco 2 Sarl [2017] EWHC 1756 (Ch).LCIA ProceedingsFor the Respondent company (with David Wolfson QC), defending claims of bribery and corruption in connection with the acquisition of valuable mining rights in western Africa.Rawlinson and Hunter Trustees SA v. SFO; Tchenguiz & Anr v. SFOFor the Serious Fraud Office (with Charles Graham QC and Simon Colton), in the highly publicised proceedings before the Commercial Court, defending allegations of malicious prosecution, misfeasance in public office, trespass, false imprisonment and breaches of the Human Rights Act. The 12-week trial scheduled for October 2014 was ultimately settled. See the following related judgments concerning Public Interest Immunity and Legal Professional Privilege [2014] EWHC 1102 (Comm) and Security for Costs [2014] EWHC 1103 (Comm). Currently acting for the Serious Fraud Office (with Simon Colton QC) as respondent to various applications in the related but separate Tchenguiz v Grant Thornton proceedings.
Patrick specialises in company law, insolvency, commercial fraud and arbitrations involving corporate law issues. Patrick regularly acts on substantial shareholder disputes and restructurings with recent cases including the Petropavlovsk plc, a board dispute relating to the $1.4bn UK listed Russian gold mining company, the Tonstate Group litigation, relating to the owner of £500m hotels, and the Arcadia (Topshop/Topman) and Regis (Supercuts) CVAs. Patrick has been involved in some of the largest civil fraud claims in recent years including the $2 billion LIA v Societe Generale litigation, involving allegations of bribery and undue influence and the JSC Mezhdunarodniy Promyshelnniy Bank v Pugachev litigation on applications for £1.17 billion freezing orders, search orders, passport orders and committal applications. Patrick’s cases often involve an international element and applications for pre-emptive and interlocutory relief including freezing orders, Norwich Pharmacal orders and other interim injunctions. Patrick also has particular experience of corporate law issues arising in arbitrations, including on s. 9 stay applications and s. 69 appeals, having acted for BAE Systems plc in its long running dispute with companies owned by Andrew Ruhan. Patrick regularly appears both as a sole advocate and with a leader.
Highly experienced international commercial arbitrator. Peter Leaver has acted as sole arbitrator, a member of the arbitral tribunal and chairman, in numerous arbitrations, often under ICC, LCIA, SIAC, HKIAC and UNCITRAL Rules. Recent examples of cases include a dispute concerning the licensing of patents; a dispute arising out of a joint venture for exploitation of shale gas; a dispute concerning a negligence claim in the spacecraft and telecommunications industry; a dispute involving the intellectual property rights of partners in a joint venture; a dispute concerning modernistaion of the Russian Federation gas system; a dispute concerning the supply of defective and non-confirming products (batteries), in breach of two supply agreements; a dispute concerning a share of purchase agreement regarding the issued share of capital of a company providing courier delivery services in Russia and Kyrgyzstan; and a dispute concerning the finalisation of a binding worldwide license agreement under the Licensed Patents on FRAND terms and conditions.
Phil’s practice encompasses all aspects of the law of intellectual property and information technology, with a particular specialism and expertise in the areas of e-commerce, internet domain names and the commercial exploitation of computer software. He regularly acts and advises on the intellectual property aspects and commercial aspects of IT disputes. Since 2008 he has been a member of the Experts Review Group of Nominet UK, a panel of senior independent domain name Experts reviewing DRS Decisions and sitting on appeals.
Rachel is ranked as a Leading Junior in Commercial Litigation by the Legal 500 2023: “She is a delight to work with; very bright, responsive, and she quickly gets to grips with both the detail and the strategic big picture points.” Rachel’s practice covers a broad range of commercial work in litigation and international arbitration (including under LCIA, ICC and UNCITRAL rules). “She always delivers to the highest standards and is carving out an excellent practice and portfolio of cases.” (Legal 500, Commercial Litigation, 2022) Regularly involved in large complex cases working as part of a team, she also has experience appearing without a leader in arbitrations and in the High Court. As well as experience in Chambers’ key areas including banking and financial services, civil fraud, and pharmaceutical disputes, Rachel is currently acting for a FTSE 100 company defending high profile group litigation claims. Rachel accepts appointments as an arbitrator and has been appointed as an arbitrator by the LCIA Court. Rachel’s current and recent work includes: Acting for a FTSE 100 company defending group litigation claims arising out of the suspension of the Woodford Equity Income Fund Acting with Richard Boulton KC for claimant investors in commercial real estate in Ukraine in four Bilateral Investment Treaty claims against the Russian Federation under UNCITRAL rules, resulting in a Final Award in October 2022 (PCA Case 2015-29) Acting with Neil Kitchener KC for defendants to a £25 million debt and fraud claim achieving dismissal of the claim following material non-disclosure by the Claimants on an ex parte application: [2021] EWHC 1415 (Comm) [2021] 6 WLUK 12 Acting for Credit Suisse (UK) Limited in complex fraud proceedings Acting with Anthony de Garr Robinson KC for a pharmaceutical company in its USD $2.7 billion LCIA arbitration claim against a contract manufacturing organisation Acting for a life sciences company defending ICC claims arising out of a toll manufacturing agreement concerning poppy straws Acting with Stuart Isaacs KC and David Cavender KC for the defendants in two LCIA arbitrations concerning investments of over USD $1.5 billion in Indian real estate funds Acting as sole counsel for Maze sarl, a Luxembourg provider of corporate services, defending claims under Luxembourg law arising out of the sale of Bulgaria’s largest telecommunications business Vivacom, at a five day trial of preliminary issues of Luxembourg law in the Commercial Court in December 2017: [2018] EWHC 169 (Comm) Advising Seaway Heavy Lifting Offshore Contractors BV on its contractual arrangements regarding the Beatrice Offshore Windfarm Project Acting (with Stuart Isaacs KC) for Stuart Wall against The Royal Bank of Scotland in one of The Lawyer’s Top 20 cases to watch in 2017. Mr Wall owned the Opal Property Group, once the UK’s third largest provider of student accommodation. Mr Wall claimed over £600 million in damages suffered as a result of RBS’s fraudulent misrepresentations, breaches of contract and negligence. The case concerned claims of swap mis-selling by RBS, allegations against RBS’s Global Restructuring Group, and allegations of LIBOR manipulation. The case was listed for a 12 week trial in the Commercial Court starting in October 2017, but settled shortly before trial
Barrister specialising in banking, professional negligence and commercial litigation; recent work includes appearing for Kleinwort Benson in Kleinwort Benson v Lincoln (abolition of the mistake of law rule in restitution); acting for the liquidators of Barings in the claims against the auditors of the Barings group; acting for the RAC in the litigation arising out of the de-mutualisation of its motoring services business; advising Unilever Pension Fund in its claim against Mercury Asset Management.
Richard Mott has a broad practice in commercial litigation and international arbitration (inc. LCIA, ICC and UNCITRAL rules). He has a particular focus on cases concerning civil fraud, banking and finance, energy, and general commercial disputes. He also has significant experience of seeking and resisting injunctive relief, and of jurisdiction challenges. Richard is currently acting, amongst other cases: with Camilla Bingham KC, for the claimant in proceedings commenced in Bermuda arising out of an alleged unlawful means conspiracy to appropriate an interest in an African metals mine, claiming hundreds of millions of dollars; with Lord Wolfson KC, defending a fraud claim of $280m and challenging jurisdiction; with Camilla Bingham KC, defending Morgan Stanley against an economic tort claim for €54 million brought by Frasers Group Plc; with Anna Boase KC, acting for an African bank resisting significant damages claims under a sale and purchase agreement; as sole counsel, for one of the defendants in the high-profile Public Institution for Social Security v Al Rajaan & Ors; and for the Financial Conduct Authority, in three confidential Enforcement cases involving alleged dishonesty and lack of integrity in relation to the pensions sector. Richard has recently acted (with Laurence Rabinowitz KC, and leading Michael Watkins) in Lopesan Touristik SA v Apollo European Principal Finance Fund for the private equity defendants to a €93m claim under an Equity Commitment Letter; (with Adrian Beltrami KC, and leading Oscar Schonfeld and Sarah Tulip) for the defendants in Berkeley Square Holdings v Lancer Property Asset Management, resisting claims of over £60m arising out of the management of a £5bn London property portfolio owed by the President of the United Arab Emirates - the proceedings made new law on how without prejudice privilege applies to fraud claims: [2020] EWHC 1015 (Ch), upheld by the Court of Appeal judgment at [2021] EWCA Civ 551; and with Sa’ad Hossain KC, for the claimant in Angelini Pharma SpA v Altmeyer and Ors, advancing claims in excess of US$30 million for misrepresentation and breach of warranty.
Broad range of commercial litigation, including breach of warranty, misrepresentation, civil fraud, professional negligence, share sale agreements, and international arbitrations with a particular focus on damages. Significant trial experience including lead counsel on five-week civil fraud case (Noble Resources v Philip Gross) in Commercial Court. Recent hearings include Teesside Power v HMRC (FTT – Tax); Fidex v HMRC (First Tier Tribunal – Tax); Hannam v Financial Conduct Authority (Upper Tribunal); Augean Plc v Huttons (Commercial Court 2014); and international arbitrations in Egypt, Dubai, Singapore, Australia and Hong Kong. Previous experience as an accounting expert in numerous reported cases, including The Ikarian Reefer, Senate Electrical v Alcatel, BSkyB v EDS.
Barrister specialising in commercial litigation involving company or insolvency law issues, professional negligence or civil fraud. He took Silk in 2006. In recent years, he has been heavily involved in a number of large-scale disputes concerning the acquisition of former state-owned assets in Russia, other CIS countries (including Tajikistan and Kazakhstan) and Romania. For example, he acted for Boris Berezovsky in his high profile, long-running multi-billion dollar claim against Roman Abramovich regarding Sibneft and Rusal. His other recent work includes: acting for the liquidator of Glitnir Bank and for creditors of Kaupthing Singer and Friedlander following the near collapse of the Icelandic banking system; acting for the liquidators of Enron, advising on set-off and transactions at an undervalue; acting for Part 20 defendants in an alleged fraud arising out of the operation of an aluminium smelter in Tajikistan; acting for joint venturers in a Russian oil and gas investment; acting for the claimant in an LCIA arbitration in a joint venture dispute concerning a Nigerian Oil field; acting for the directors of a collapsed Cayman hedge fund; acting for the claimants in proceedings before the European Court of First Instance claiming damages arising from the Commission’s wrongful refusal to permit a merger. As well as appearing in the Senior Courts in England and Wales, he has wide experience of litigating before many other tribunals having appeared in the European Court of First Instance, the Courts of Gibraltar, Cayman and the Isle of Man, and LCIA and Stockholm Chamber of Commerce Arbitration.
International Arbitrator; Justice of the DIFC Court, Dubai. Justice of Appeal in the Cayman Islands’ Court of Appeal. Previously a Justice of the High Court of England and Wales, sitting in the Commercial Court of which I was the Judge in Charge in 2014.
Sandy is an experienced commercial junior with a broad, multi-jurisdictional practice. His work covers the full range of commercial disputes including, among other things, banking and finance, civil fraud, insolvency and company, sale of goods, and jurisdiction and conflict of laws. He has acted or advised in relation to disputes in English and foreign courts or in arbitrations, as well as in internal or regulatory investigations and Parliamentary inquiries. Alongside his practice, Sandy maintains an active interest in academic law. He has published in areas including banking law, contract, jurisdiction and civil procedure. He is a regular contributor to and is on the Editorial Board of the Journal of International Banking & Financial Law and writes the chapter on guarantees in one of the leading banking law textbooks.
Saul Lemer undertakes a broad range of commercial disputes including both litigation and arbitration. Saul has been involved in a number of high value led cases but also enjoys the advocacy opportunities afforded by his un-led work. In litigation, Saul currently acts (with Daniel Toledano QC) for Diageo in c US$140 million Commercial Court proceedings against Vijay Mallya and others and (with Craig Orr QC) in c €100 million Commercial Court proceedings relating to the sale of a Bulgarian telecommunications business. In arbitration, Saul has recently been involved (also with Daniel Toledano QC), in LCIA proceedings for the claimant bringing a multi-million dollar claim for breach of an SPA. Other notable cases have included: Tsareva v Ananyev; Galagaev v Ananyev [2018] (Comm) – Saul acts for the First Defendant in relation to a c US$100 million claim for alleged fraudulent misrepresentation in connection with the sale of Loan Notes in Russia. Diageo v Mallya [2018] (Comm) – Saul acts for Diageo in a c US$150 million claim against Vijay Mallya and connected parties. LICT v VTBC [2016] EWHC 1891 (Comm); [2018] EWHC 169 (Comm) – Saul acts for the Second and Fourth Defendants in a c €100 million claim relating to the enforcement of a pledge over shares in a Bulgarian telecommunications business. European Real Estate Debt Fund (Cayman) Ltd v Treon [2018] (Comm) – Saul acts for the Second and Third Defendant against whom the Claimant seeks c £15 million for alleged fraudulent misrepresentations in connection with the sale of certain Loan Notes. Romanello Financial Corp v Lars Windhorst [2017] (Comm) – Saul acted (both as sole counsel and led) for the claimants seeking to recover c €60 million invested in shares and bonds on terms that the shares and bonds would be repurchased on a specific date. Chesterfield United Inc v Deutsche Bank AG [2016] (Ch) – Saul acted for Deutsche Bank in c. €500 million litigation arising out of the sale of credit linked notes. Greenclose Ltd v National Westminster Bank Plc [2014] EWHC 1156 (Ch) – Saul acted in a claim relating to the notice provisions under contract governed by an ISDA Master Agreement. Avrahami v Biran & Ors [2013] EWHC 1776 (Ch) – Saul acted (as sole counsel) for the defendant in a claim relating to fraudulent misrepresentation, breaches of fiduciary duty and damages (Saul cross-examined 19 claimant witnesses). Fidelity Bank PLC v Constant Capital Markets & Securities Ltd [2012] (Comm) – Saul acted for the claimant in a claim relating to the rectification of Repo Agreements in relation to US$ 80m worth of Nigerian Government Bonds. JSC BTA Bank v Ablyazov [2011] EWHC 2506 (Comm) – Saul acted for a number of defendants in a claim relating to banking fraud and, in particular in relation to an application for relief from sanctions.
Sebastian is a leading practitioner specialising in complex and high value commercial disputes, in both litigation and international arbitration. Seb is particularly noted for his user friendly and commercially minded approach, and for his command of the courtroom as a cross-examiner and oral advocate. Recent example cases include: acting for Credit Suisse Life in the Bermuda Court of Appeal defending claims by the Georgian billionaire Bidzina Ivanishvili; representing the defendants in the high value fraud claim between Otkritie Bank and the owners of the O1 Property Group; appearing in ICC arbitration for a Dutch infrastructure investment company in a dispute with its joint venture partner in a deep water grain terminal on the Russian Black Sea coast; acting for the shareholders of the failed Real Estate Investment Trust, Home REIT; and representing an online NFT auction house in a dispute with a high-value bidder. Seb also represented the Ukrainian billionaire Victor Pinchuk in his very high value LCIA Arbitration and High Court claims against Igor Kolomoisky and Gennadiy Bogolyubov, both of which were pursued successfully to settlement during and just before the final hearings. Main areas of practice include energy, commodities, banking and finance, civil fraud, and professional negligence.
Barrister specialising in commercial litigation and arbitration, including all forms of contractual disputes, civil fraud, banking disputes, professional negligence, agency, sale of goods, economic torts, financial services and conflicts of laws. Recent notable cases include ENRC v Serious Fraud Office; Various Claimants v G4S plc; Castle Water v Thames Water; AssetCo v Grant Thornton; Sabbagh v Khoury.
Specialises in commercial litigation and arbitration, in particular domestic and international banking (including all aspects of credit and security), domestic and international commercial fraud and asset tracing, corporate and personal insolvency, professional negligence and insurance and reinsurance. Some notable cases include: Deutsche Bank AG v Provincia di Brescia (Comm) (2022); Deutsche Bank v Busto di Arsizio [2021] EWHC 2706 (Comm); Qatar Airways v Airbus (2022); Lehman Brothers Holdings Plc and LB Holdings Intermediate 2 Limited [2021] EWCA Civ 1523; Vale v Steinmetz [2021] EWCA Civ 1087; WEX v Travelport [2020] EWHC 2670 (Comm); Sabbagh v Khoury [2019] EWHC 3004 (Comm); LLB Verwaltung (Switzerland) AG v Group Seven & Ors [2019] EWCA Civ 614; Deutsche Bank v Unitech [2019] EWHC 969 (Comm); ECU v HSBC [2018] EWHC 3045 (Comm); Privatbank v Kolomoisky [2018] EWHC 3308 (Ch); Deutsche Bank v Savona [2018] EWCA Civ 1740; Greenwood v Goodwin – RBS Rights Litigation [2017]; Lehman Brothers International (Europe) (In Administration) v. Deutsche Bank & Bank of New York Mellon [2016]; Rosneft v. HM Treasury [2015] EWHC 248; Kaupthing Singer & Friedlander v. UBS [2014] EWHC 2540 (Comm); Deutsche Bank v. Sebastian Holdings [2014] EWCA Civ 1100; HSH Nordbank AG v. Intesa Sanpaolo SpA [2014] EWHC 142; Berezovsky v. Abramovich [2012] EWHC 2463 (Comm); Centrica v. Accenture [2010] EWCA Civ 912; UBS AG v. HSH Nordbank AG [2009] EWCA Civ 585 (CA); British Energy Power & Energy Trading Ltd v. Credit Suisse [2007] 2 Lloyds’s Rep 427; and Morgan Grenfell v. Arrows Autosports Limited [2004] All ER (D) 76.
Barrister practising across a broad range of commercial litigation and arbitration.
An extremely experienced trial lawyer and advisor, in relation to proceedings in the Courts of the UK and elsewhere and in international arbitration, who undertakes a wide and varied range of complex commercial work, frequently involving a number of jurisdictions. He has particular expertise and is widely experienced in banking and insurance, corporate acquisitions, City regulation, claims against professional and other financial advisers, substantial fraud and asset recovery, media-related cases such as film and music business contracts and jurisdiction issues. Recent cases include: Royal Bank of Scotland v Highland Financial Partners and Ors [2012] EWHC 1278 (Comm); Standard Bank Plc v Via Mat International Ltd and Anor [2013] EWCA Civ 490; McKillen v Misland (Cyprus) Investments and Ors [201 1] EWHC 3466 (Chancery) [2012] EWHC 505 (Chancery) [2012] EWHC 521 (Chancery); RyanAir v Esso Italiano SRL [2012] EWHC 200 (Comm); Apax Global Payments v Morina and Ors [2011] EWHC 2983 (Chancery); Cherrilow Ltd v Richard Butler-Creagh [2011] EWHC 2525 (QB).
King’s Counsel specialising in commercial litigation, including all forms of contract dispute, fraud, restitution, banking and financial services, and matters involving companies and trusts.
Barrister specialising in UK and EC competition law, commercial judicial review, utility regulation and areas where law and economics meet. Former adviser to Ofwat and Ofgem, and now Water Industry Commission for Scotland. Litigation experience in High Court and European Courts includes ENS, the leading case on the rule of reason and ex p Fedesa, the leading case on proportionality; defended Mastercard in the European Courts and in some follow-on actions; secured damages for Albion Water in the CAT; significant fine reductions in builder cartels appeals in CAT; acted for Safeway in two monopoly and one merger inquiry and in Safeway v Twigger on ex turpi causa; about 100 MMC, Competition Commission and CMA inquiries eg mobile phone call termination litigation; challenges to airport charges, supermarkets sundry energy competition issues; funerals; gas and electricity transmission appeals; various RHI cases and water arbitrations. Appeared in Miller I for interveners. Conducted Commission of Inquiry in St Kitts and Nevis 2009.
Veena is regularly instructed in complex and high-value commercial disputes. She is particularly experienced in group litigation and complex jurisdiction challenges, including on forum and state immunity issues. Before coming to the Bar, Veena taught Administrative Law at Cambridge University and has a particular interest in cases raising public law issues. Veena has appeared before a range of courts and tribunals including the Court of Appeal and the Competition Appeal Tribunal. Veena’s recent instructions include acting for Mastercard in interchange fee litigation and BHP in Municipio de Mariana v BHP Group (UK) Ltd (recognised in The Lawyer’s Top 10 Appeals of 2022 and Top 20 cases of 2020) which is one of the largest group actions (by number of claimants) brought in the English courts. Alongside cases where she acts as part of a counsel team, Veena regularly acts as sole counsel for financial institutions in her own right, including for HSBC and Santander, and regularly appears in the High Court as well as the County Courts. Veena maintains an active interest in academic law and has published in areas including civil procedure, conflict of laws, contract, and public law. Veena’s recent and notable instructions include: Commercial and Interregional Card Claims I Ltd & Commercial and Interregional Card Claims II Ltd v Mastercard Inc & ors: Acting (with Sonia Tolaney KC and Matthew Cook KC) for the Mastercard defendants in proposed collective proceedings seeking damages for interchange fees. The CAT refused to certify the claims and has granted a stay for the PCRs to indicate whether they will submit revised proposals: [2023] CAT 38. Municipio de Mariana & ors v BHP Group Plc and BHP Group Ltd: Acting (with Charles Gibson KC, Daniel Toledano KC, Shaheed Fatima KC and others) for BHP in the group action brought by over 200,000 claimants against BHP Group Plc and BHP Group Ltd, at first instance and in the 5-day appeal before the Court of Appeal. Judgments include [2022] EWCA Civ 951; [2021] EWHC 146 (TCC); [2020] EWHC 2471 (TCC); [2020] EWHC 928 (TCC). Hashwah & ors v Qatar National Bank & ors: Acting (with Hannah Brown KC and Sandy Phipps) for a Gulf financial institution in Commercial Court proceedings alleging involvement in terrorist financing in Syria. The Court declared that one set of proceedings brought by the Claimants was barred by state immunity: [2022] EWHC 2242 (Comm). Astor v Atalaya [2022] EWHC 628 (Comm): Successfully acted for Astor (with Anna Boase KC) in the trial of Astor’s claim for outstanding consideration for the sale of the Rio Tinto Mine. ICC Proceedings: Acted (with Alex Gunning KC and others) for a Dutch infrastructure investment company in a dispute worth over $2bn with its joint venture partner in relation to the building of a deep water grain terminal on the Russian Black Sea coast. Veena cross-examined an expert in the field of marine infrastructure. BB & Ors v Al Khayyat & Ors: Acting (with Hannah Brown KC and Sandy Phipps) for a Gulf financial institution in Queen’s Bench Division proceedings alleging involvement in terrorist financing in Syria. Judgments include: [2020] EWHC 3567 (QB); [2021] EWHC 2551 (QB). Advising (with Sebastian Isaac KC) shareholders in substantial claims against a technology company and its former directors alleging deceit and liability for false and misleading statements under FSMA. Advising (with Alain Choo Choy KC and Nehali Shah) a number of investment funds and asset managers in claims alleging interference with A1P1 rights.