Barrister with a broad commercial practice including art law, banking and finance, civil fraud, aviation, energy, crypto, and commercial crime.
Aaron has a particular interest in art and cultural property. He is currently writing a book about financial crime in the art market, an early proposal for which was shortlisted for the FT Bracken Bower Prize 2021. He was awarded a 2023 Churchill Fellowship to support his research, and will be a Visiting Fellow in law at Magdelene College, Cambridge, in 2025.
Notable recent cases include:
Federal Republic of Nigeria v JPMorgan Chase Bank NA [2022] EWHC 1447 (Comm)
Acting (with Rosalind Phelps KC and David Murray) for the successful defendant in a high-profile $1.5 billion+ claim for breach of Quincecare duty. The background to the claim was an alleged “fraudulent and corrupt scheme” perpetrated by former government ministers, concerning the proceeds of an oil prospecting licence. The judgment of Cockerill J, following a seven-week trial, contains a valuable discussion of the nature of the Quincecare duty, the meaning of gross negligence in private law, and the scope of the Foreign Act of State doctrine.
FTAI AirOpCo UK Ltd v Olympus Airways SA [2022] EWHC 1362 (Comm)
Acting (as sole counsel) for the successful claimant in a $5 million+ aviation claim in the London Circuit Commercial Court. The claimant lessor was awarded unpaid rent, various costs and expenses incurred in the recovery of the aircraft, and damages for the aircraft’s diminution in value. The claim gave rise to questions of interpretation of a standard commercial aircraft lease, including the provisions on termination, indemnitees, and relief. It also involved disputed issues of fact as to the condition and return of the Aircraft, and expert evidence as to valuation. Aaron also acted as sole counsel at the CCMC, DGH, and two full-day application hearings (including FTAI AirOpCo UK Limited v Olympus Airways [2021] EWHC 2614 (Ch)).
Tai Mo Shan Limited v Persons Unknown [2024] EWHC 1514 (Comm); [2024] EWHC 2532 (Comm)
Acting (with Nik Yeo) for the claimant high-frequency trading firm, in respect of a hack of crypto assets valued at $450 million+. The case involved several hearings in two related sets of proceedings, including obtaining injunctive relief against an algorithmic trading platform (a non-cause-of-action defendant) to bring about the seizure and detention of the assets, and obtaining permission to serve a claim for the recognition and enforcement of a foreign judgment against unidentified hacker out of the jurisdiction and by NFT (a first-of-its-kind application).
Voltaire Capital Holdings Limited & Ors v Eric Watson & Ors
Acting (with Tamara Oppenheimer KC) for two defendant companies in high-value multi-party civil fraud proceedings, involving allegations of unlawful means conspiracy and dishonest assistance. The trial is listed for 2026.
AXA France IARD SA v Santander Cards UK Limited
Acting (with Adam Zellick KC and David Murray) for the defendant bank in a dispute about the allocation of hundreds of millions of pounds of liability for historic PPI mis-selling losses. The trial is listed for 2025.
Fountain Court Chambers
fountaincourt.co.ukfountaincourt.co.ukBarristers
Civil and commercial litigation including banking, financial services, insurance, civil fraud and professional negligence.
Unparalleled expertise in benchmark litigation claims (PAG v RBS, Marme v NatWest, Deutsche Bank v Unitech, Leeds City Council v Barclays and the FDIC-R litigation,), and deep experience of a wide range of banking and finance litigation, relating to derivatives (interest rate, equity and credit), syndicated lending, securitisations (RMBS/CMBS), prime brokerage as well as disputes concerning capacity (including in particular Italian and other European local authorities or public bodies).
Frequently instructed in civil fraud claims in various jurisdictions, including the Mozambique “tuna bonds” controversy and claims against Credit Suisse (Loreley Financing No 30 v Credit Suisse); various international arbitrations (LCIA, SCC, UNCITRAL); insurance disputes, acting for both insureds and insurers (especially involving credit insurance or political risk), including the multi-billion dollar Russian Aircraft litigation.
Particular interest and experience in disputes concerning all aspects of legal professional privilege (including numerous appellate cases, including recent CA cases acting for Credit Suisse and Frasers Group).
Winner of “Banking Junior of the Year” at the Chambers and Partners 2017 Bar Awards (also shortlisted in 2016 and 2023).
Barrister specialising in commercial litigation, banking, employment, insurance, professional negligence and personal tax. Cases include: Lock v British Gas [2017] ICR 1 (holiday pay and commission); Paya v HMRC [2016] UKFTT 660 (IR35 and TV news presenters); Department for Transport v Sparks [2016] ICR 695 (incorporation of terms re sickness absence); Capita v RFIB [2016] QB 935 (indemnity and continuing duty); Allied Fort v Creation [2015] EWCA Civ 841 (insurance brokers and summary judgment); PA(GI) v GICL [2016] Lloyd’s Rep IR 125 (insurance transfer and liability for PPI mis-selling); Tael One v Morgan Stanley [2015] Bus LR 278 (interpretation of LMA standard terms); Bear Scotland v Fulton [2015] ICR 221 (holiday pay and overtime).
Established Leader for significant cases with a strong, broad-based, commercial practice and extensive experience in arbitration, aviation, banking, civil fraud, commercial litigation, and conflict of laws. Acts in a wide range of commercial cases, arbitrations and appeals, including the very heavy, multi-party, expert-intensive, high-value or publicity-sensitive.
As well as confidential arbitrations/matters, cases include: AXA v Genworth v Santander (Comm), SKAT v Solo Capital (Comm), Abu Dhabi Commercial Bank v Shetty & Ors (Comm), Premier v PwC & Lloyds (Ch & CA), Pakistan v NatWest (Ch), GSH6 v Atalian Europe (Comm), Re Blackmore Bonds, Morris v Swanton (QB & CA), Palladian v Argentina (Comm), Ventra v BoS (Comm), Deutsche Bank v Unitech (Comm & CA), Alliance Bank v Arip (Comm), LICT v VTBC (Comm), Messerer v NatWest (Comm), Access Bank v Akingbola (Comm & CA), Air France AF447 (QB), Re Dewey LeBoeuf – Barclays Bank v McMillan (Comm), Peak Hotels v Tarek Investments (Ch), Macquarie v Artefact (Comm), SocGen v Saad (Comm & CA), ICD v Tuwairqi Steel (Comm), AWAS v Jordan Aviation (Comm), MIC v Naftogaz (Comm & CA).
Barrister specialising in commercial litigation with an emphasis in aviation, trade finance, banking, (re)/insurance and arbitration. In aviation regularly represents manufacturers, airlines, insurers, financiers and leasing parties in a wide range of aviation matters dealing with: aircraft leasing, jurisdiction and air disaster, aviation insurance/reinsurance and regulatory work.
Notable cases include: Celestial v UniCredit (letter of credit and Russia sanctions dispute); DAE v War Risks Insurers (Aircraft reinsurance dispute arising from Russian invasion of Ukraine); FWA v VietJet (Aircraft repossession dispute); Qatar Airways v Airbus (aircraft delivery / product liability dispute); Wilmington Trust v SpiceJet (frustration of aircraft lease); Airbus v Generali (jurisdiction/title to sue); Re:Thomas Cook (in liquidation) (airline licensing); Re:Monarch Airways (in administration) (judicial review of airport slot allocation); LAIL and OTS v Maroil (joint venture/shareholder dispute concerning reflective loss) Petrosaudi v Novo Banco (banking / letter of credit); Alpstream v PK and GECAS (aircraft finance); Involnert v Aprilgrange and others (insurance moral hazard); Lipton v BA CityFlyer (SC) (UK Reg 261 rights); Jet 2 v Huzar (CA) (EC Reg 261 rights); Blue Sky v Chartis & Others (insurance dispute concerning Iranian sanctions); PK v Mahan (arrest of aircraft and enforcement of judgment); Kibris v SoS and Republic of Cyprus (review of right to fly from UK); acting in Bermuda Form and other international arbitration disputes).
Alex’s practice covers a wide range of commercial disputes, especially corporate and insolvency, banking, fund and LLP law, group actions and civil fraud. He has particular experience of complex litigation and arbitration involving financial institutions, often with an international element or a regulatory dimension. His clients include institutions, funds, listed companies, government bodies, litigation funders and high net worth individuals.
Recent cases include acting for the successful claimants in the EUR 1.2 billion Argentina Sovereign Debt litigation, for Italian oil giant Eni in its successful defence of a $1 billion bribery claim, and proceedings arising from the merger of brokers Tullett Prebon and ICAP.
He has appeared as sole counsel in the Court of Appeal and the Supreme Court, and in multiple Commercial Court trials, including for challenger bank Zopa and for hedge fund Cerberus.
Alex is currently acting in the US FDIC’s cartel claim against the LIBOR panel banks, in FSMA s.90A claims against Reckitt Benckiser, and in civil fraud proceedings for the recovery shares in French fashion conglomerate SMCP.
Alex has particular experience in the field of financial institutions, having acted for the institutional claimants in the £4 billion RBS Rights Issue Litigation, for Kaupthing Bank, and for structured finance creditors in the insolvencies of Lehman Brothers and MF Global.
He is also prominent in the specialist company and insolvency field, having acted in the Edwardian Hotels shareholder dispute, in the Stobart Group boardroom dispute and in the Liontrust and Marathon fund litigation.
Barrister practising commercial litigation and international arbitration, with wide experience of civil fraud, aviation, banking, financial services, mining and energy-related disputes. Regularly appears before the High Court, Court of Appeal and arbitration tribunals.
A Russian speaker, he has appeared in many significant cases emerging from Russia and the former Soviet Union such as Tatneft v Bogolyubov, Yukos Finance v Lynch, Bank St Petersburg v Arkhangelsky, Mezhprombank v Pugachev and Berezovsky v Abramovich, as well as numerous confidential arbitrations. These are often heavy, multi-jurisdictional disputes involving extensive factual and expert evidence and issues of foreign law.
He also has wide experience of applications for injunctions and of claims to enforce foreign judgments and arbitration awards, including a $2.5 billion claim by Naftogaz of Ukraine against Gazprom and the $10 billion dispute between Process & Industrial Developments Ltd and the Federal Republic of Nigeria.
His aviation practice includes leasing, financing and insurance, slot regulation, injunctions and passenger claims.
He also sits as an arbitrator, and has been appointed to numerous tribunals seated in London, Moscow and Singapore.
He is a registered practitioner at the Dubai International Financial Centre.
Barrister specialising in commercial litigation, including aviation, banking, civil fraud, the regulation of financial and level services, and public law.
Recent notable led cases include: NMC Healthcare Ltd (in administration) (subject to a deed of company arrangement) and Ors v Dubai Islamic Bank PJSC and Ors [2023] ADGMCFI 0017; Dargamo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1149; and Mohamed Hassan El Haddad v Khulood Abdulla Hassan Al Rostamani [2021] EWHC 1892 (Ch).
Barrister specialising in international arbitration, based in Singapore.
Andrew Pullen’s practice is principally advising on and appearing as advocate in international arbitrations. He has experience of both commercial and investment treaty arbitration, acting for clients in Asia, Europe and South America across a variety of business sectors, including finance, energy, automotive, defence, utilities, steel, manufacturing, construction, technology, brewing and media. Andrew has acted in arbitrations held under a wide variety of arbitral rules (ICC, LCIA, SIAC, HKIAC, SCMA, SCC, JCAA, AAA, Swiss Rules, UNCITRAL, and ICSID), in Singapore, London, Hong Kong, Stockholm, The Hague, Tokyo, Washington D.C. and Zurich.
Andrew's experience includes cases determined under a wide variety of governing laws (both civil law and common law systems) as well as under English law, and he has frequently worked as co-counsel with lawyers from many jurisdictions. He has significant experience of interim measures in arbitration (both before emergency arbitrators and tribunals) and jurisdiction issues.
His experience includes:
corporate and company disputes: including joint venture disputes; post-M&A warranty claims; disputes under share purchase agreements and share option agreements; derivative and unfair prejudice claims;
commercial claims: including breach of contract and wrongful termination claims under distribution agreements, offtake agreements and other commercial contracts;
banking and finance disputes: including claims under ISDA Master Agreements, on-demand guarantees and investment agreements;
energy, resources and construction disputes: including disputes in the oil and gas, power and mining sectors; contractual issues relating to unsuccessful bids and negotiations; and disputes relating to variation orders and delayed construction;
investment protection: including acting in ICSID arbitration proceedings; advising on potential investment treaty claims; and advising on the structuring of investments to take advantage of treaty protections.
In addition, Andrew has been appointed as arbitrator under the ICC and SIAC arbitration rules. He has substantial experience of advisory work, including: pre-dispute advice to parties facing potentially contentious situations; contractual interpretation; and the design and drafting of dispute resolution provisions. He has also acted as instructing solicitor in litigation before the English and other courts.
Sir Andrew Smith was appointed as an arbitrator while as a barrister and since retiring from the bench, on panels (as chairman and as party-appointee) and as sole arbitrator. He has experience of domestic arbitrations and international arbitrations, recently working particularly in the Middle East. He covers a wide range of commercial work, including insurance, banking, distributorship, partnership and shareholder disputes.
He is a Deputy Judge of the High Court, a Judge of Abu Dhabi Global Market Courts and Chairman of the Disciplinary Panel of the London Metal Exchange.
Expertise in banking; civil fraud; commercial contract; (re)insurance and professional negligence, in an international and domestic context. Andrew frequently appears in the Commercial Court, as well as appearing as lead advocate before various arbitral institutions in international arbitration and foreign jurisdictions including: the BVI, Isle of Man, Gibraltar, Channel Islands and Singapore.
Recent high-profile cases include acting for Aon, the reinsurance broker, in defence of claims arising from the Chapecoense football team air disaster and other aviation and sports disputes; the Yukos litigation in London concerning allegedly fraudulent Russian Government auctions; the Robert Tchenguiz litigation (in which he represented the Icelandic bank); the Marrache fraud litigation in Gibraltar (including representing NatWest in the Privy Council); and the interest rate swaps and LIBOR litigation, in which Andrew represents a number of banks appearing in four leading cases: Green & Rowley v RBS; Crestsign v RBS; Thornbridge v Barclays; and one of the largest claims so far, Stuart Wall v RBS.
He also acted for Depfa in the Court of Appeal in the long running UBS v KWL litigation involving CDOs, and for the banks in the leading Court of Appeal case on duty of care in regulatory contexts (CGL v NatWest).
He recently acted in Nigeria’s fraud challenge to a $1bn arbitration award (P&ID); and he represents Bank of Scotland in the Targetfollow LIBOR fraud litigation due to be heard in 2024.
Anneliese Day KC is a “leading lawyer of her generation” and a “standout genius” whose skill as a “ruthlessly brilliant advocate” is deployed in cases spanning all areas of commercial law.
Anneliese works on significant and complex cases both as Lead Counsel and Arbitrator dealing with courts and tribunals not only in the UK but also in Asia Pacific, the Middle East, Europe and the Caribbean (including the DIFC and the SICC). She also regularly appears at appellate level.
She is recognised by the legal directories as a Leading Silk in nine practice areas and four separate jurisdictions. She has been described as “an absolute rockstar at the top of her game” who has “laid waste to a number of witnesses”.
In 2022, Anneliese was named ’Silk of the Year’ at The Legal 500’s UK Bar Awards and was recognised as a ‘Star at the Bar’ by Chambers & Partners.
She has previously won a number of other coveted awards, including The Lawyer’s ‘Barrister of the Year’, together with various individual Silk of the Year Awards. Described as a “good leader for the 21st century”, she was also identified as one of the 500 most influential people in the UK by Debretts.
A firm believer in seeking to bring added value to any case whatever her role. Thrives on the cut and thrust of advocacy but also brings commerciality to the issues she deals with.
Arvind Datar SA is a Senior Advocate in India whose practice is focused particularly on constitutional, commercial, taxation and regulatory laws, mainly before the Supreme Court of India.
He also appears as counsel before various High Courts, statutory tribunals and in bilateral investment treaty and international commercial arbitrations.
Bankim Thanki KC is generally recognised as one of the pre-eminent Leading Counsel in practice at the English Commercial Bar. He has been described as “Without a doubt one of the superstars of the UK Bar” and by The Times as “One of London’s leading commercial silks” He commenced practice in 1989 and took Silk in 2003. His practice as King’s Counsel spans a wide range of commercial litigation, arbitration, regulatory investigations and inquiries (public and private) and other high quality civil work.
He has recently appeared for PACCAR and DAF in their successful leap-frog appeal to the Supreme Court from the decision of the Divisional Court on the validity of damages-based litigation funding agreements in the Trucks follow-on damages claim (R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others), in the Court of Appeal in Soteria Insurance v IBM [2022] EWCA Civ 440 and in the Supreme Court in Pakistan International Airline Corporation (Respondent) v Times Travel [2021] UKSC 40. He has acted for Ukraine in proceedings before the Supreme Court in the US$3 billion Eurobond claim brought on behalf of the Russian Federation in the Financial List, in which he secured a significant victories in the Supreme Court [2023] UKSC 11 and in the Court of Appeal [2019] QB 1121, and in defeating a US$6 billion claim concerning minority shareholdings in Ukraine’s largest producer of oil and associated gas in an investment treaty arbitration under the Energy Charter Treaty (Stockholm Chamber of Commerce). He successfully represented Barclays Bank in the case which saw the first judgment handed down in the Financial List in London (GSO Credit v Barclays Bank [2017] 1 All ER (Comm) 421). He also successfully represented BP in the first case brought to trial under the Commercial Court’s Shorter Trials Scheme and he succeeded in overturning Andrews J’s controversial decision in SFO v ENRC in the Court of Appeal: [2019] 1 WLR 791.
Other notable cases in Silk have included leading successfully for GMR in its dispute with the Republic of the Maldives over the international airport at Malé, for Deloitte LLP in its successful appeal against the record fine imposed by the Financial Reporting Council over its involvement with the Phoenix Four/MG Rover, for Vincent Tchenguiz in his civil claim against the Serious Fraud Office, for the Central Bank of Trinidad & Tobago in the public inquiry into the collapse of Colonial Life Insurance, for Lloyds Bank in the OFT test case on Bank Charges, for RBS in the principal test case on the enforceability of credit card agreements, for the son of the King of Bahrain in his dispute with the late Michael Jackson, for the Bank of England in the Three Rivers litigation, for Qantas in The Deep Vein Thrombosis and Air Travel Group Litigation and for the Bar Council in R (Prudential) v HMRC.
Current or recent clients include AstraZeneca, BAE, BNP Paribas, British Airways, BT, the CAA, Credit Suisse, Deutsche Bank, the FCA, Goldman Sachs, GlaxoSmithKline, HSBC, JP Morgan, Lloyds Banking Group, NATS, Qantas, Rolls-Royce, RBS, Teva and UBS. He regularly appears offshore and has also advised several nation states and the central banks of a number of countries including the Deutsche Bundesbank, the Bank of England, the Bank of Namibia, the Central Bank of Belize and the Central Bank of Trinidad & Tobago, as well as the World Bank. For full details see Fountain Court’s’ website.
Commercial Dispute Resolution, (Re)Insurance, Professional Negligence, Competition, International Commercial Arbitration and Telecommunications.
Recent cases: Russian insurance aviation litigation [2024]; Stonegate Pub Company Ltd v MS Amlin Corporate Member Ltd & Ors [2022] EWHC 2548 (Comm); Financial Conduct Authority v Arch Insurance (UK) Limited & ors [2020] Lloyd’s Rep. I.R. 527; [2021] 2 W.L.R. 123; Axis Corporate Capital UK II Ltd v Absa Group Ltd [2021] EWHC 861 (Comm); Rockliffe Hall Ltd v Travelers Insurance Co Ltd [2021] EWHC 412 (Comm); (1) Armstrong (2) Patchett v Respondents [2021] EWCA Civ 978; XYZ v Travelers [2019] 1 WLR 6075; Weatherley v Weatherley [2018] EWHC 3201 (Ch); Snoras v Antonov and Others [2018] EWHC 887 (Comm); Teva v AstraZeneca [2017] EWHC 1852 (Comm); Redman v Zurich Insurance Plc [2018] 1 W.L.R. 280; AIG v ILP LLP [2017] 1 W.L.R. 116; Maccaferri Ltd v Zurich Insurance Plc [2017] Lloyd’s Rep. I.R. 200; Cape Distribution Ltd v Cape Intermediate Holdings Plc [2016] EWHC 1786 (QBD); JRT v RWL [2015] EWHC 1069 (QB); Lyons v Fox Williams LLP [2016] EWHC 2427 (QB); Godiva v Travelers; BT v Ofcom “Ethernet” case [2014] CAT 14; BT v Ofcom “PPC” case [2012] EWCA Civ 1051; Nouri v. … (A Firm) [2010] 50 EG 64; Flexsys America L.P. v XL Insurance Company Limited [2010] Lloyd’s Rep. IR 132; ERC Frankona v American National [2006] Lloyd’s Rep IR 157.
Ben is a commercial disputes specialist, with acknowledged expertise in disputes involving banking and finance, civil fraud, corporate transactions and company law, and insolvency and restructuring. He has extensive experience as a trial and appellate advocate, regularly appearing before the higher English courts, at all stages of proceedings. His English practice is diverse in subject-matter and often international in nature.
He is also an acknowledged specialist advocate in international arbitration, and acts as an expert on English law in civil litigation overseas.
Beyond his London practice, Ben also has significant experience as an advocate in complex offshore litigation (notably in the British Virgin Islands and the Cayman Islands).
Benjamin F. Hughes is an independent arbitrator and adjunct professor of law at the National University of Singapore. He also serves on the Investment Committees of Omni Bridgeway, a leading funder of international commercial disputes, and as a member of the Board of Directors of the Hainan International Arbitration Centre.
Since leaving law firm practice in March 2013, Ben has been appointed in approximately 150 international arbitrations with several billion dollars in dispute. Previously, he practised with Shearman & Sterling (in the US and Singapore), and was the founding co-chair of the international dispute resolution practice group at Shin & Kim, one of Korea’s oldest and largest full-service law firms.
While Ben’s experience as arbitrator spans a broad range of commercial sectors, applicable law, arbitration rules and jurisdictions, he is particularly recognised as a leading arbitrator in the Asia-Pacific region. He has lived, studied and worked in the region for almost 30 years, and is fluent in Korean and conversant in Mandarin. In addition, having studied and practised law in both civil and common law jurisdictions, Ben is uniquely suited to hear disputes between parties from various legal and cultural backgrounds.
Referred to as “one of the leading commercial silks at the Bar” by Legal 500, Brian has a broad commercial and civil practice.
He is a trial lawyer with years of experience in handling hard-fought business and commercial cases. He has practised as a Silk in a number of jurisdictions, including England, South Africa and the BVI.
Brian’s specialty is heavy cases, both in court and before arbitration tribunals, which are fact-dependent and involve complex issues of law. Almost all his cases involve conflicts of law, and he has wide experience, in particular, of matters originating in Russia and the CIS.
Recent cases include:
VTB Bank v Firtash and others [2021] EWHC 1356 (Comm): discharge of freezing order
Media Gates Company v Kuwait Projects (KIPCO) – 2020 arbitration in LCIA-DIFC: Dispute between shareholders re option agreement
Barthelemy Holdings v Duet Group Limited [2019] EWHC 2402 (Comm): breach of warranties under an Investment Agreement concerning the purchase and building of a hotel in St Barts, in the Caribbean
Deepak Abbhi v Richard Slade [2019] EWCA Civ 2175: whether an oral agreement with a solicitor to pay someone else’s legal fees of litigation constituted a primary obligation to pay, or an unenforceable guarantee because not in writing
Michael Wilson and Partners v Emmott [2019] EWCA Civ 219: Court of Appeal deals with Angel Bell exception in a freezing order
ABC Grandeservus v Emmerson International: Decision of BVI Commercial court 27 May 2019: successful application to set aside freezing order.
BNP Paribas Jersey Trust v Camilla de Bourbon (Jersey): application to set aside freezing order
He also sits as an arbitrator and has extensive arbitration experience as an LCIA and ICC arbitration counsel both here and abroad.
He is registered for Public Access work and can take instructions from members of the public. For more information on this, please click here.
Bridget has a broad practice spanning commercial and chancery litigation and arbitration. A significant part of her practice relates to offshore litigation with a particular emphasis on company and insolvency proceedings and civil fraud. She acted as lead Counsel for successful Defendants in the AHAB v Saad Investments Company Ltd Cayman Islands’ litigation. She is currently acting on a substantial breach of fiduciary duty claim in Bermuda, and has also advised in various cases in the BVI, Guernsey and Jersey. She acts in minority shareholder, derivative claims, limited liability partnership and joint venture disputes (including in the telecoms and energy sectors); disputes involving directors’ duties, and misfeasance; disqualification proceedings, and litigation arising out of investments (including allegations of misrepresentation and breach of warranty). She regularly advises on insolvency and regulatory matters.
Wide-ranging practice covering: general commercial litigation, judicial review, and public procurement.
Commercial work includes: fraud, conspiracy, business sales/joint ventures, restitution, freezing and search orders, minority shareholder claims. Sector experience includes life sciences, aviation, telecoms and high-tech engineering as well as numerous cases involving Russia and Russian or former Soviet Union parties.
Practises mainly in Commercial Court and Chancery Division and on appeal, also offshore including Bermuda Supreme Court and Cayman Grand Court. Public law work is based in the Administrative Court and the appellate courts and includes numerous reported cases across fields varying from regulatory challenges to human rights.
Has significant experience of constitutional, financial and vires issues for central government, regulators, local authorities, NHS entities and other agencies, and regularly advises public bodies on major procurement issues. Also carries out employment work including post-termination injunctions (springboard, restrictive covenant, confidential information etc), bonus issues and strike litigation.
Recent reported or high-profile cases include:
LCIA: (1) Nori Holding Limited (In Liquidation) (2) Centimila Services Limited (In Liquidation) (3) Coniston Management Limited v (1) PJSC Bank Otkritie Financial Corporation (2) PJSC National Bank Trust; Charles is instructed by the claimants in the arbitration, former companies in the Russian O1 Group, and second and third defendants in the related Commercial Court proceedings. The claim is for $600 million and relates to alleged commercial fraud in the Russian private banking sector. This was a 5 week trial over July and August 2020 conducted via Zoom. This is currently one of the longest disputes involving witness evidence which had been handled remotely. Charles is also dealing with the High Court proceedings which are ongoing.
Palmali Shipping SA. -v- Litasco S.A.; Charles is acting for Litasco in a $2bn damages claim due for trial in 2020. Palmali claims that it entered into a 15 year exclusive contract for shipment of oil from the Volgograd refinery in the centre of Russia’s river transport system. Litasco says this agreement was never understood as binding, not least because it related to the Volga-Don shipping canal which is closed by ice for 4 months of the year.
Irina Mikhailovna Vagina and Alexander Stephanovich Vagin; Charles is instructed in an international arbitration involving a multi-hundred million dollar asset tracing claim in relation to the estate of an oligarch. Charles was instructed in an arbitration in November 2019 in which he was successful.
R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35; [2018] EWHC 3364 (Admin); [2019] EWHC 336 (Admin), seeking judicial review of decisions taken by the CAA to publicly criticise Jet2; Charles won the Court of Appeal hearing which took place in December 2019.
Enka Insaat ve Sanayi A.S. -v- (1) OOO “Insurance Company “CHUBB” (2) Chubb Russia Investments Limited Chubb European Group SE (4) Chubb Limited ; Charles was instructed to attend a two day anti-suit trial in the Commercial Court, in December 2019. The case arises out of a disastrous fire at the Berezovskaya Power Plant in Russia in 2016, which caused half a billion dollars worth of damage.
Wong v Grand View PTC; Charles was Instructed by interveners to represent Susan Wang, Sandy Wang, William Wong and Wilfred Wang as the Protector in major trust proceedings involving Taiwanese industrialists’ offshore trust, the wealth in which derives from the world’s largest plastics company. Charles attended a hearing in Bermuda in November 2019.
Specialises in commercial litigation, banking, financial services, professional negligence, administrative and public law and professional disciplinary and regulatory law.
Recent cases include: Alexander v West Bromwich Mortgage Company Ltd [2015] EWHC 135 (Comm), [2016] EWCA Civ 496; acting for the first defendant in Al Khorafi v Sarasin-Alpen in the appeal in the DIFC Court of Appeal; Al Sulaiman v Credit Suisse and Plurimi [2013] EWHC 400 (Comm); Leeds City Council and Newham v Barclays Bank Plc [2021] 2 WLR 1180; Law Society v Baxendale-Walker [2006] 3 All ER 675, [2007] 3 All ER 330, [2008] 1 W.L.R. 426; Thaker v SRA [2012] EWHC 432 (Admin); acting for the SRA in Lumsdon v LSB, BSB & SRA [2014] EWHC 28 (Admin); Law Society v Blavo [2017] 1 WLR 4514; [2019] 1 WLR 1977; Beety v NMC [2017] EWHC 3232 (Admin); SRA v Main [2018] EWHC 3666 (Admin); SRA v Malins [2018] EWCA Civ 366; SRA v James, Macgregor and Naylor [2019] 2 All E.R. 527; acting for Baker McKenzie in SRA v Senior and others; acting for the respondent in SRA v Mishcon de Reya, acting for the respondent in SRA v Bretherton.
Chloe is also a CEDR accredited mediator.
Christine is an independent arbitrator, Door Tenant of Fountain Court Chambers (London and Singapore), and full-time Resident at The Arbitration Chambers (Singapore).
A dual-qualified lawyer, she is educated in both the civil law and the common law traditions, and she is admitted to the Paris Bar and as a solicitor in England and Wales.
Christine has extensive experience in international arbitration, and a substantial practice in Asia and in Europe. Her experience spans a broad range of commercial disputes and includes serving as arbitrator in arbitrations under the rules of all major arbitral institutions. Christine has also acted as sole arbitrator in expedited proceedings.
Prior to launching her career as independent arbitrator, Christine practised with Shearman & Sterling in London and worked at the LCIA where she oversaw the administration of over 200 arbitrations. In 2014, Christine joined The Arbitration Chambers in Singapore and was appointed Tribunal Secretary to over 80 arbitral tribunals.
Christine teaches arbitration at the University of Toulouse 1 and regularly lectures at other leading institutions. She also regularly speaks at international arbitration conferences and webinars.
Christopher Monaghan has a busy commercial practice across chambers’ core areas, with a particular interest in insurance, banking, regulatory issues and matters relating to sports and art. Much of his work involves issues involving the conflict of laws.
Christopher specialises in insurance and reinsurance, professional negligence, commercial litigation and arbitration, civil fraud, conflict of laws, banking & finance, and aviation. Many of his cases are high-value, and international.
Recent highlights:
Acting for Fidelis as reinsurer in claims by aircraft lessors under operator insurance policies, arising from the alleged seizure of aircraft in Russia following the invasion of the Ukraine.
Acting for an indemnity insurer in relation to matters arising from the recent collapse of Axiom Ince, and related claims.
Appearing in Unitel v Dos Santos a £500+ million claim by an Angolan telecoms operator against a company owned by one of the telecoms operator’s former directors, and the former director, including obtaining a freezing order against the former director, and appearing in the Court of Appeal.
Acting for Lex Greensill in proceedings worth over USD$390m between Greensill Bank, Zurich, and Mr. Greensill, raising issues on whether insurance policies were procured by misrepresentation or non-disclosure, deceit, and unlawful means conspiracy.
Acting in McClean v Thornhill, a £40m barristers’ negligence claim.
Christopher Langley is an “excellent senior junior” known for producing “excellent written submissions and solid commercial advice”. He has a broad commercial practice which covers commercial dispute resolution, banking and finance, crypto and blockchain, civil fraud, insurance, aviation, and sport.
Christopher has extensive experience of complex and high-value commercial disputes, both as sole counsel and working as part of a larger team. Notable examples include the claims made by Stanford International Bank Ltd against HSBC in the fallout of a multi-billion dollar ‘Ponzi’ scheme orchestrated by Sir Allen Stanford (one of The Lawyer’s Top 20 Cases of 2021 and Top 10 Appeals of 2022); fraud and conspiracy claims in connection with Wirecard’s purchase of an Indian payment services business; and acting in the most substantial proceedings ever brought before the Takeover Panel in relation to the dishonest cover up of breaches of the Takeover Code.
Christopher has particular expertise in matters involving bribery and corruption, having written the ‘Bribery in Commercial Litigation and Arbitration’ chapter in Lissack and Horlick on Bribery and Corruption (3rd edition).
Clare Sibson KC is a leading silk and is considered "a brilliant mind and a fantastic strategist". She is commented as a prescient tactician and as one of "the brightest legal minds at the Bar".
With over 25 years in practice, Clare has advocated for individuals and companies in the most serious and complex cases within her fields, both at first instance and on appeal. Recent instructions involve contempt of court, disqualification proceedings, corruption investigations, allegations of fraud, action to enforce credit obligations and sanctions.
In corporate law, Clare brings extensive experience to the intersection between criminal and regulatory risk, commercial obligations and directors’ fiduciary duties.
Clare has extensive experience of the criminal and regulatory dimensions of commercial situations involving matters such as insurance arrangements, mergers, securities trading, and trade secrets. She currently represents the FCA, the FRC and the GFSC (Guernsey) in significant contested cases. Big Tech has sought her advice with regard to online safety legislation. She has acted for a range of underwriters and re-insurance brokers, where her work has included giving real-time advice on anti-terrorist legislation in the context of live negotiations for the release of hostages.
Clare attended comprehensive state schools in London and the Midlands. She graduated from Cambridge University with a first-class degree, being ranked second out of 269 law finalists in 1996. She contributes to major practitioners’ reference texts, including the primary Chancery guide to company directors’ liabilities.
Craig Ulyatt is a leading junior with a broad commercial practice. While he has a particular specialism in all aspects of banking and finance law, he is also frequently involved in cases involving civil fraud, professional negligence, jurisdiction and conflict of laws. Craig regularly appears, often as sole advocate or leader, in the Commercial Court and the London Circuit Commercial Court. Craig is regularly involved in financial mis-selling cases (especially cases involving interest rate swaps), cases with regulatory aspects (such as unauthorised or unlicensed trading), injunction applications (especially cases involving AML / POCA issues, frozen bank accounts and/or the withdrawal of banking services), and cases involving jurisdiction and conflict of laws issues.
Barrister specialising in commercial litigation, including banking, financial services, civil fraud, aviation, professional negligence, commercial contracts, and private international law.
Daniel is a commercial junior with a broad practice, with particular interest and experience in banking and insurance work. Much of his practice is international in nature and involves issues of conflicts of laws. Daniel is equally happy working as part of a team or as sole counsel and regularly appears unled in the County Court and the High Court.
Daniel acts in commercial, financial, competition, and regulatory cases of all kinds, especially those involving complex questions of accounting, economics, or finance, or issues of personal misconduct.
He recent experience includes professional disciplinary proceedings regarding accountants’ misconduct, securities litigation in UK equity markets, and competition cases before the CAT. He has particular expertise in the tech sector, and has been instructed in high-value class actions against Apple, Amazon, and Google.
Daniel has experience of a variety of dispute resolution procedures, including CMA administrative proceedings, judicial review claims before the EU courts, litigation in the ADGM, and arbitrations conducted under LCIA, LMAA, ICC, and SIAC rules. He is also a member of the Serious Fraud Office’s proceeds of crime panel B.
Daniel is one of the contributing authors to the book “Brexit and Financial Regulation”.
Before being called to the Bar, Daniel was a solicitor-advocate at Slaughter and May.
Daniel practises in all aspects of English private commercial law, with particular experience in litigation involving banking and financial services, civil fraud, conflicts of laws, professional negligence, and shareholder disputes. His cases frequently have an international element, and he is registered to practise in the Dubai International Financial Centre.
Daniel has a particular interest in matters involving private international law and the service of claims, and in addition to his current instructions is presently co-authoring a textbook on the service of proceedings in and out of jurisdiction with the Oxford University Press.
Further details can be found at: https://www.fountaincourt.co.uk/profile/daniel-edmonds/
Darius is an independent arbitrator, advocate and academic. He is concurrently Associate Professor of Law (Practice) at Singapore Management University (SMU) School of Law, Deputy Director of the Singapore International Dispute Resolution Academy and Director of the SMU Law Academy. He is bilingual in English and Mandarin Chinese. Having read computer science at junior college, Darius has been increasingly approached for technology disputes.
Darius’ practice and teaching interests focus on international commercial and investment arbitration, private and public international law. In addition to commercial arbitration, Darius is especially well-regarded for his expertise involving States and State-Owned Entities. Darius is accustomed to collaborating with local counsel on both advisory and contentious mandates.
Darius is consistently recommended by Who’s Who Legal: Arbitration Future Leaders as a “Most Highly Regarded Individual” in Asia-Pacific since the inception of the publication to date.
Prior to commencing independent practice, Darius spent a decade practising with international law firms in London and Singapore. He served as a Justices’ Law Clerk and Assistant Registrar of the Supreme Court of Singapore between 2007 to 2009. In 2014, Darius was appointed amicus curiae in an appeal, where the Chief Justice of Singapore described Darius’ contribution in the judgment as being “careful”, “excellent and invaluable”.
David Wingfield combines his deep knowledge of antitrust economics with a comprehensive understanding of UK/EU, American, and Canadian competition laws to provide sophisticated advice and peerless representation. He is equally at home developing stand-alone competition cases, follow-on damage claims, or acting for defendants challenging the economic or legal foundations of competition claims.
As the former head of the antitrust division of the Canadian Department of Justice, he was responsible for developing cutting-edge enforcement strategies for competition infringements, particularly in the digital economy and associated platforms. These proceedings frequently involved extensive collaboration with competition authorities in various jurisdictions, including the United States.
As one of the few former heads of a G7 antitrust division who has an active litigation practice in competition law — both in the UK and internationally — David occupies a unique position at the Bar. He has acted for governments and advised prime ministers and currently serves as a Non-Governmental Adviser to the International Competition Network, an organisation of over 100 competition agencies from around the world that addresses competition law enforcement and policy issues.
David Wingfield is called to Bar at the Middle Temple, is an attorney of New York State, and is a barrister and solicitor of Ontario, Canada. He is a Senior Fellow of the Litigation Counsel of America.
Commercial litigation including banking, financial services, aviation, insurance/reinsurance, sale of goods, conflict of laws, financial regulation, civil fraud and professional negligence.
Recent notable cases include: Philipp v Barclays Bank UK PLC [2023] UKSC 25 (banking), AerCap Ireland Ltd v AIG Europe SA [2023] EWHC 96 (Comm) (aviation/insurance), Federal Republic of Nigeria v JP Morgan Chase Bank NA [2022] EWHC 1447 (Comm) (banking/fraud); Byers v Saudi National Bank [2022] EWCA Civ 43 (fraud); AXA France IARD SA v Santander Cards UK Ltd [2022] EWHC 1776 (Comm) (commercial/banking/insurance); a substantial confidential arbitration involving the loss of a commercial airliner (aviation); and the RBS Rights Issue Litigation [2017] EWHC 1217 (Ch). Other recent experience and current instructions include various substantial confidential commercial arbitrations in London and overseas; a series of heavy and complex aviation insurance disputes in the Commercial Court arising out of the Russian invasion of Ukraine; and a variety of financial mis-selling claims.
David has a broad based commercial practice, having acted for and advised a wide range of commercial clients.
He has some 35 years experience of commercial litigation and arbitration, including cases with international and multi-jurisdictional elements. He has extensive experience of substantial commercial litigation, having acted in a number of long-running and complex cases. His practice is primarily as an advocate in Court and arbitration proceedings (in London and abroad), but he also regularly advises clients on transactional and product issues.
He also sits as an arbitrator (in London and abroad), and as a Deputy High Court Judge (in the Commercial Court, and the Chancery Division).
Deborah Horowitz specialises in general commercial litigation, including aviation, insurance, banking and finance, regulatory investigations, international trade finance, company law, corporate crime and civil fraud. Recent instructions include: acting for the Financial Conduct Authority in the business interruption insurance test case litigation, which impacted some 370,000 policyholders; representing RBS in the litigation relating to its £12bn Rights Issue; and appearing for GECAS in its successful defence in the Court of Appeal in respect of a large-scale claim in relation to aircraft finance. She has a particular interest in cases dealing with aircraft leasing and finance, aviation operations (including regulation of airports and airlines), insurance coverage, cross-border fraud, transnational financial instruments such as letters of credit, performance bonds and guarantees, and AI and cybersecurity. She was previously a litigation solicitor at Mallesons Stephen Jaques and Freshfields Bruckhaus Deringer LLP. She is dual-qualified in England and Australia, and receives instructions from both jurisdictions, as well as from Singapore.
Barrister with a substantial commercial practice, including all areas of commercial litigation, particularly banking, civil fraud, contracts, insurance and reinsurance, administrative law (commercial emphasis), conflict of laws, employment (commercial aspects), entertainment, music & sports law, and regulatory work (Takeover Panel, FCA/financial services Law Society). Notable cases include Republic of Djibouti v Boreh and Dar Al Arkan, Mr H v ITV2, Norilsk Nickel, Tajik Aluminium, AWG v Morrison, Codelco, BAA v Ryanair, MyTravel plc, EIRC v Curzon R (Norwich and Peterborough Building Society) v Financial Ombudsman and Miller v Law Society. Clients include Microsoft, Tata, ITV, Formula 1 racing teams, Investcorp, the FCA and the Takeover Panel.
Barrister of 31 years call (silk for 11 years) with a broad based commercial litigation expertise, covering: international and domestic arbitration; banking; civil fraud; insurance/reinsurance; and professional negligence. Derrick also sits as an LCIA and DIAC arbitrator.
Recent significant cases include acting for:
Investors suing Link in respect of the alleged failure to supervise Neil Woodford and his fund;
Primary Insurers against Excess Layer in respect of who should bear the costs of the Grenfell Inquiry.
Shareholders suing a top Cayman law firm for breach of fiduciary duty in preferring the interests of another client over that of the Fund;
Purchasers of a company suing the vendors for deceit and breach of warranty under an SPA;
A big accounting firm in respect of a negligence claim;
an SME pursing a loss of a chance claim in respect of having been cut out of a maturing business opportunity;
an individual investor defrauded by her former financial adviser;
Insurers in a claim for the return of profit commission from a broker;
A middle eastern borrower against a major western bank in respect of the terms of an Islamic finance deal.
Barrister specialising in commercial and civil litigation and arbitration, including banking, civil fraud, insurance and professional negligence / professional discipline.
Eleanor Davison is a leading practitioner in regulatory law, financial services and commercial crime. She specialises in financial services, professional discipline, fraud, bribery and corruption, money laundering and sanctions. She acts for the FCA, PRA, and FRC in enforcement proceedings as well as for senior executives who are the subject of those proceedings.
Eleanor is a member of the SFO A panel and acts in relation to criminal prosecutions of complex fraud. Her practice extends to advising the legal sector on compliance with requests from UK and international enforcement agencies and with the money laundering reporting regime. Eleanor is appointed to APEX as the Bar Standard Board’s money laundering and sanctions expert.
Eleanor has considerable experience as a sole advocate in the commercial and criminal courts as well as acting as part of a broader counsel team. Ongoing and recent cases include the SFO investigation into the Gupta Family Group and its financing arrangements with Greensill Capital UK Ltd, FCA action against Jes Staley and defending former Metro Bank executives, regulatory enforcement proceedings arising from the collapse of London Capital & Finance, instruction by the Bank of England in the PRA’s first case against a Category 1 PRA-regulated firm, acting for Paula Vennells in the Public Inquiry into the Horizon scandal and the Dame Linda Dobbs Review into Lloyds Banking Group.
Her work extends internationally, with instruction on behalf of the investment arm of the UK government in a cross border financial sanctions matter and the Home Office in relation to money laundering issues.
Eleanor is recommended in Who’s Who Legal 2024 in Global Elite Thought Leaders – Global Elite, Investigations and UK Bar. She is described as “an exceptional advocate”, renowned for “analysing complex evidence” and as “having strong expertise in banking and commercial fraud law” and as “a brilliant lawyer” with “a rare expertise in both financial services regulation law and those aspects of criminal law which engage with regulated financial activity,”. She is recommended as a leading junior by Chambers and Partners in Financial Crime, Financial Crime Corporates and Financial Services and by Legal 500 in Business and Regulatory Crime, Financial Services Regulation and Proceeds of crime and asset forfeiture.
Eric Schwartz is an American and French international arbitration lawyer. After a 40-year legal career, he now practices independently as an international arbitrator and as an arbitrator member of Fountain Court Chambers in London.
Eric has acted as counsel or arbitrator in over 100 international arbitrations throughout the world over the course of four decades. From 1992 to 1996, he served as Secretary General of the ICC International Court of Arbitration, of which he was subsequently a member and a Vice-President
He has particular expertise in relation to disputes concerning large infrastructure projects as well as investment treaties and complex cross-border transactions in the energy, IP/IT and pharmaceutical sectors.
Eric is the author and editor of several books, and the author of dozens of articles, on the subject of international arbitration. He is recognised by his peers as one of the world’s leading international arbitration practitioners and authorities.
Eric is fluent in English and French and is capable of conducting arbitrations in both languages. He is a member of the Bar of California and an emeritus member of the Paris Bar.
Francesca specialises in commercial litigation and arbitration, with expertise in civil fraud, commercial contracts, banking and financial services, energy, competition, and offshore disputes. She has considerable experience of heavy-duty High Court litigation, acting in several of The Lawyer’s Top 20 Cases (2018, 2019 and 2022). She is also called to the BVI Bar.
Gaurav Pachnanda SA is a Senior Advocate, based in India, whose practice before the Supreme Court of India and other courts and tribunals is focused on commercial and corporate litigation, including domestic and international arbitrations.
He is a Registered Foreign Lawyer at the Singapore International Commercial Court (SICC), since September 2016.
Gaurav is a Door Tenant at Fountain Court Chambers, London and Singapore, where his practice includes a wide range of commercial litigation, arbitration and advisory work; with a significant multi-jurisdictional component.
Gaurav has a leading commercial litigation, arbitration and advisory practice. He is regularly briefed as a Senior Advocate, both by Indian public sector undertakings and by private multi-national corporations, to lead in several complex and high-value commercial and corporate disputes before courts and tribunals in India as well as in domestic and international commercial arbitrations, in India and abroad.
His areas of expertise include joint venture, shareholders, construction, consumer and intellectual property rights disputes; and international arbitrations under a wide range of institutional rules. His expertise also lies in handling complex trials and conducting heavy cross-examinations before arbitral tribunals. Gaurav also acts as arbitrator and has appeared as an expert witness on Indian law before foreign arbitral tribunals.
Barrister dealing with commercial litigation, aviation, civil fraud, banking and finance, international arbitration, investment arbitration, commercial crime, professional negligence, insurance and reinsurance. Recent High Court cases include Barthelemy v Duet and Tinkler v Stobart.
Giles is routinely instructed in a wide range of substantial commercial litigation and arbitration. His experience covers substantial banking disputes (including mis-selling cases, the Quincecare duty, crypto currency and other fintech disputes, derivatives and POCA matters), civil fraud, breach of fiduciary duty, breach of director’s duty claims, regulatory matters, and professional negligence (with a particular emphasis on finance-oriented professions). Giles is comfortable in handling technically complex matters and disputes involving expert evidence.
Giles often works on cases with an international dimension and regularly advises on jurisdiction and foreign enforcement issues. He has experience of litigation governed by foreign law (including experience of arguing foreign law points in the Court of Appeal). Giles also has experience of being instructed as an expert witness in foreign litigation and has given oral evidence on English law and civil procedure in a jury trial in the US District Court. Giles also routinely advises on matters relating to the professional conduct of solicitors and acts in proceedings before the Solicitors Disciplinary Tribunal.
Recent work
Giles recent and ongoing work includes: Houssein v London Credit Ltd in the Court of Appeal, in which Giles successfully challenged the trial judge’s finding that the default interest rate on a loan was an unenforceable penalty; Harrop v Skipton Building Society, in which Giles appeared for the Respondent in an important appeal concerning a challenge to the enforceability of settlements of PPI claims reached in accordance with FCA guidance; JP SPC 4 v Royal Bank of Scotland International [2022] 3 WLR 261, in which Giles successfully resisted an appeal to the Privy Council concerning whether the bank owed to the beneficiary of a trust account a duty of care in tort equivalent to the contractual Quincecare duty; acting for the defendants to a substantial civil fraud claim arising from their work as investment managers; defending numerous interest rate swap mis-selling and LIBOR manipulation claims; acting and advising on several Fintech related disputes, including a highly-technical cryptocurrency related dispute; several guarantee claims; and a wide variety of general commercial litigation. Other substantial claims in which Giles has been instructed include acting for the Claimant in Bluewaters v Ecclestone (and others), a claim for over US$100m raising allegations of bribery in connection with the sale of commercial control of Formula One motor racing; Montvale Invest v Terra Raf Trans Traiding Ltd, a claim by a liquidator in respect of intra-group debts against the former director and another group company; the trial of a director’s breach of duty claim in Guernsey arising out of the collapse of the Arch-Cru investment funds; acting for a multi-national company defending a claim at trial for over £10m for breach of a software distribution agreement; defending a substantial claim for the mis-selling of a fixed rate loan (including allegations that fixed rate loans are regulated as contracts for differences), which settled on the eve of trial; Goldman Sachs International v Videocon Global Ltd [2016] 1 CLC 528, a leading Court of Appeal decision on the interpretation of the close-out provisions of the 1992 ISDA Master Agreement; SPL v Arch Financial Products LLP and Farrell [2014] EWHC 4268 (Comm), acting for investment funds in pursuing a claim for negligence and breach of fiduciary duty against their former investment manager (and claims of dishonest assistance against its principal) which was entrusted with the management of assets in excess of US$150m.
Commercial dispute resolution, banking & finance, civil fraud, insurance and reinsurance, international arbitration, energy & natural resources, professional discipline, professional negligence, aviation.
Hannah Bernstein has a broad commercial practice with a particular interest in regulated areas, such aviation, banking, the professions, and in competition law.
Hannah is currently acting in competition proceedings in the CAT in relation to follow-on damages claims; proceedings arising in relation to an alleged abuse of dominance; and international proceedings relating to an alleged breach of the Quincecare duty of care.
General commercial litigation and arbitration practice, with a particular emphasis on banking and financial services. Notable cases include acting for the Claimants in NMC Healthcare v Dubai Islamic Bank [2023] ADGM CFI 0017 and the related arbitration, for Tatneft in Tatneft v Bogolyubov [2020], Deutsche Bank in Deutsche Bank v Sebastian Holdings [2013] EWHC 3463 (Comm), for the Central Bank of Trinidad & Tobago in the CLICO Enquiry, for the Bar Council in R (Prudential) v HMRC [2013] UKSC 1, for John Pottage in Pottage v Financial Services Authority [2013] Lloyd’s Rep FC 16 and for the Bank of England in Three Rivers [2006] EWHC 816 (Comm).
Barrister specialising in commercial litigation and arbitration, civil fraud, banking and financial services, and competition. Highlights from his recent instructions include R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 (one of The Lawyer’s Top 10 Appeals of 2023) and Palladian Partners LP and others v Republic of Argentina and another [2023] EHWC 711 (Comm) (one of The Lawyer’s Top 20 Cases of 2022).
Ian Benjamin SC practises throughout the Caribbean region, principally in Trinidad and Tobago. Ian was one of the founders of and is now the head of Bethany Chambers in Port of Spain, Trinidad. He is also admitted to practice in Dominica, Grenada and Anguilla.
Ian practises primarily in the broad commercial areas of banking, financial regulation, insolvency, insurance, professional negligence and contentious pension and tax and construction disputes. In addition, he undertakes significant public law work including Commissions of Enquiry. He is well-regarded for his strategic advice and advocacy, particularly in appellate work and has made several appearances before the Privy Council. He is a member of the Chartered Institute of Arbitrators and is a CEDR Mediator. He also accepts appointments as an arbitrator and has appeared in several ICC and ad hoc arbitrations.
Barrister specialising in commercial litigation and arbitration, civil fraud, banking and financial services and aviation. Ian’s practice frequently involves conflict of laws issues and he has authored a number of publications on private international law.
Ian acted in the Tchenguiz, Slater and Gordon and SKAT litigation (The Lawyer ‘Top Cases’ of 2018, 2019 and 2021 respectively), VTB Capital v Republic of Mozambique and ors (>$750 million claim) and Auden McKenzie v Patel (>£250 million claim). He has also acted on significant Supreme Court and Court of Appeal appeals, including the recent landmark decision in Philipp v Barclays on APP fraud and the One Step case on negotiating damages.
His recent highlights include:
Philipp v Barclays Bank UK plc [2023] UKSC 25: Acting for Barclays Bank in their successful appeal to the Supreme Court concerning whether banks owe a duty of care to their customers in respect of authorised push payment fraud. The Supreme Court recast the Quincecare duty, and rationalised it by reference to agency principles (led by Patrick Goodall KC).
SKAT v Solo Capital Partners and others: Acting for certain defendants in claims for >£1.5 billion brought by the Kingdom of Denmark relating to dividend arbitrage and cum ex trading and allegations of fraudulent withholding tax reclaim applications. The case is one of the largest fraud claims to have been brought in the English courts in recent years, involving up to thirty separate legal teams and was the subject of a significant judgments on the revenue rule in April 2021 and February 2022 (led by Adam Zellick KC and as sole counsel).
Tchenguiz v Grant Thornton: Acting for the claimants in unlawful means conspiracy and malicious prosecution claims arising from an SFO investigation. 12-week Commercial Court trial and one of The Lawyer’s ‘Top Cases’ of 2018. A settlement was reached with a related party once the case had been opened (led by Stephen Rubin KC and Charles Béar KC).
Slater & Gordon v Watchstone: Acting for Slater & Gordon in their £637 million claim for fraud and breach of warranty following the sale of Watchstone’s / Quindell’s professional services division in 2015 (led by Simon Salzedo KC). This is one of The Lawyer’s ‘Top Cases’ of 2019. Acting in the successful defence of subsequent Part 20 proceedings arising out of the same transaction: [2023] EWHC 1133 (Comm) (led by James Brocklebank KC).
One Step v Morris Garner [2018] UKSC 20, [2019] A.C. 649: Acting for the successful appellants in their Supreme Court appeal in a substantial restrictive covenant dispute. The decision is a leading authority on the law of damages, concerning Wrotham Park / negotiating damages for breach of contract (led by Charles Béar KC).
Jacob is a barrister specialising in commercial litigation and arbitration. He has advised individuals, corporates and sovereigns. His practice areas include finance, civil fraud, business and human rights, aviation and technology.
Jacob has a particular focus on data and AI. He is the author of a widely-cited book ‘Robot Rules: Regulating Artificial Intelligence’ and has acted in several groundbreaking disputes in that field. He is ranked by Chambers & Partners as a Global Market Leader in AI.
His recent AI work includes acting in the ‘AI Inventor’ case, in which the Supreme Court considered whether an invention devised by an AI program can be registered as a patent. Jacob was instructed by a group of banks in a (now settled) multi-billion-dollar case where the claimants had sought, for the first time in a civil claim, to rely on evidence generated by AI. Jacob acted in a claim brought by Uber and Ola Cabs drivers, successfully challenging the use of algorithmic decision-making to fine the drivers and terminate their contracts. As sole counsel Jacob also successfully defended the first company to be investigated by the ICO for alleged algorithmic bias.
In addition to his AI practice, Jacob is regularly instructed to act both for and against sovereign states. He has in the past represented countries including Greece and Iraq, and he is currently instructed by Argentina, Venezuela, Libya and the UK. He is also acting for a claimant in a potential Bilateral Investment Treaty claim against the Russian Federation.
Jacob is a former solicitor-advocate, having qualified in 2014. He has acted as sole counsel in the High Court, an LCIA Arbitration and the Court of Appeal and as junior counsel in the UK Supreme Court and the ICSID Tribunal in Washington DC. He is on the Attorney-General’s Panel of Counsel.
He has been described by clients as “phenomenal” and “an outstanding up-and-coming barrister”.
Jacob’s current and recent work includes:
Petersen Energía Inversora, S.A.U. and ors v The Argentine Republic:
Acting for the Argentine Republic (led by David Railton KC and Rajesh Pillai KC). The case concerns a US$16bn arbitral award relating to the alleged failure by the Republic to make a tender offer to shareholders in respect of an oil company that was re-nationalised in 2012. The claimants have sought recognition and enforcement of that award in the English court.
Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49: Counsel for the appellant in UK Supreme Court appeal on the question of whether it is possible to register a patent for an invention devised by an AI system.
Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela [2023] EWCA Civ 742: Acting for the ‘Maduro Board’ in litigation concerning the control of US$2.1 billion of Venezuela’s international reserves. Led by Richard Lissack KC and others. One of The Lawyer’s top 10 appeals of 2023.
General Dynamics UK v The State of Libya: Acting for the State of Libya (led by Richard Lissack KC) in the Court of Appeal in a case relating to the enforcement of an arbitral award against a property in London. The case raises important questions on as to the extent to which generalised language in a contractual document can be deemed to waive a State’s immunity from execution.
Various Parties v Uber: Challenge in the Dutch Courts by drivers to the use of AI by Uber. Jacob’s clients succeeded in the Amsterdam Court of Appeal. Described in The Guardian as “a test case that could increase transparency for millions of gig economy workers across Europe.”
Allianz Global Investors GmbH and ors v Deutsche Bank AG London and ors Claim No. CL-2020-000737: Instructed jointly by nine defendant banks in a multi-billion dollar follow-on damages claim in respect of the alleged manipulation of the foreign exchange market. This appears to have been the first litigation in the world where the claimant parties sought to plead and prove their claim using AI-generated evidence.
Chelluri v Air India [2022] 2 All E.R. (Comm) 172: Sole counsel for the successful defendant airline in the Court of Appeal (Vos MR, Coulson LJ and Stuart-Smith LJ).
Commercial litigation and arbitration practice, including: banking and finance; aviation; civil fraud; insurance and reinsurance; and professional negligence.
Significant recent cases include: Ingenious Litigation (group litigation concerning mis-selling of film finance investments, and litigation funding); Littop v Ukraine (an Energy Charter Treaty international arbitration); Federal Deposit Insurance Corp v Lloyds Banking Group and others (LIBOR manipulation); Russian Aviation test case (major insurance disputes following the invasion of Ukraine); Decura v UBS (material adverse effect clauses); LNT v Airbus (contractual formation); Barclays v UniCredit (scope of contractual discretions); Choicezone v Simmons & Simmons (professional negligence); Marz v Bank of Scotland (interest rate swap mis-selling); Tchenguiz v Serious Fraud Office (misfeasance in public office, and privilege); SAMs Borrowers v Bank of Scotland (group litigation concerning mortgages); Bmibaby v Durham Tees Valley Airport (incorporation of terms in an aviation contract and damages).
Barrister dealing with commercial litigation; banking and financial services; insurance and reinsurance; and aviation.
Specialises in commercial litigation and arbitration, with particular expertise in banking and finance, insurance and reinsurance, aviation, fraud/asset recovery, jurisdiction and conflict of laws, professional negligence and international and domestic arbitration.
Commercial litigation including civil fraud, banking, international arbitration, insurance and reinsurance and professional negligence.
Extensive experience in multi-jurisdictional fraud and banking disputes including in recent years acting for Wirecard AG and for the successful claimants in the long-running Group Seven litigation in the Chancery Division and the Court of Appeal. He also appeared in a banking corruption trial at the Old Bailey, for the bank in the Playboy litigation in the Court of Appeal and Supreme Court and in the Patents Court for Sandoz in the largest claim on a cross-undertaking for damages caused by an injunction and for Eli Lilly on the law of res judicata.
An expert in Norwich Pharmacal orders (having appeared in Ramilos) and injunctive relief, Jeff continues to advise in various heavy commercial disputes including against Nissan and in connection with a worldwide Ukrainian dispute.
Called 2005 (Inner Temple). Silk 2020. Sport, Commercial and Employment law. Chair UK Athletics Review (2019/20), Chair British Equestrian Federation Review (2017/18), Review of British Cycling Panellist (2016/17), FA Discipline Chair (2014-2022), Advocate London 2012 Olympic Games and Glasgow 2014 Commonwealth Games, Tokyo 2020 mentor, Sports Resolution Panellist (from 2012), CAS Legal Aid Panellist (from 2015), League Managers Association Panellist, Professional Cricket Association Panellist.
Notable cases: Credico v. Lambert [2022] EWCA Civ 864 [2021] EWHC 1504; Create Financial Management v. Lee [2020] 1 WLR 78; Brown v. Neon Management [2019] IRLR 30; Carreras v. United First Partners Research [2018] EWCA Civ 323; Bourne Rail v. Ashton [2018] EWHC 910; BTP v. Hill UKEAT/0445/15/BA; Game Retail v. Laws UKEAT/0188/14/D4; Charlesworth v. Amey UKEATPA/0326/13/MC; Tavistock School v. Richards UKEAT/0244/13/SM; Stuart v. London City Airport UKEATPA/1651/11/MAA; Blazevic v. Hayashibara UKEATPA/0738/11/CEA; Humphreys v. Norilsk Nickel [2010] IRLR 976; Hunt v. Legal & General UKEATPA/1531/10/DM.
John Taylor KC has a broad commercial litigation and arbitration practice, including banking, financial services, professional negligence, aviation, commercial fraud, company and insurance. His work includes appearing in international commercial arbitrations and market tribunals as well as in overseas jurisdictions.
Recent banking litigation includes the interest rate swaps and LIBOR litigation, credit card interchange fee disputes, the Court of Appeal case of Smith v Royal Bank of Scotland EWCA Civ 1832 [2022] 1 WLR 2136 concerning the limitation period applicable to unfair credit relationship claims, Cantor Fitzgerald v YES Bank Ltd [2023] EWHC 745 (Comm) concerning a claim for a financing success fee and the DIFC case of Altamimi and Ors v Emirates NBD Bank and Ors (Cooke J, DIFC, 31 March 2022) concerning the recognition of foreign insolvency proceedings by the DIFC.
Recent commercial practice has involved acting in several cases for private equity investors in disputes with the vendors of large corporates, including allegations of negligently inaccurate accounting and breaches of tax and accounting warranties. John represented the defendants successfully challenging the jurisdiction of the English Courts on the grounds of forum non conveniens and the ability to obtain a fair trial in a foreign jurisdiction (Nimer v United Al Saqer Group LLC [2021] EWHC 50 (QB)). He has experience of group litigation and has acted for a well-known companies and institutions defending group litigation claims (including Hamon v UCL [2023] EWHC 1812).
John has advised on and appeared in cases raising issues of contractual frustration (Natixis v Famfa Oil [2020] 2 WLUK 330), MAC clauses in the light of governmental sanctions, and the effect of the Coronavirus on a share sale price adjustment mechanism.
Recent professional negligence claims include acting for liquidators in a High Court claim against a big 4 accountancy firm arising out of the collapse of a lending business and a claim against a City firm of solicitors concerning inadequate security taken for the deferred consideration payable under a share sale agreement.
John’s aviation practice covers aircraft leases, financing, sales, design, manufacture and insurance. Recent practice includes successfully defending Ryanair against claims for damages by a lessor arising out of the termination of long-term leases of Airbus A320 aircraft raising issues of compliance with conditions precedent, contractual construction and mitigation (Peregrine Aviation Bravo v Laudamotion GmbH [2023] EWHC 48 (Comm)).
John’s recent arbitration practice included representing a global oil services company in an ICC arbitration concerning multi-million dollar claims under a cross-border co-operation agreement.
John’s cases regularly involve regulatory matters – including FCA and hearings before Tribunals such as the London Metal Exchange disciplinary panel.
Joseph is a commercial junior with a broad practice. He has particular interests and experience in civil fraud, banking, insurance and work with a public law dimension, alongside general commercial litigation. Much of his work is international in nature and/or involves issues of conflicts of laws.
Joseph has a diverse and thriving practice. His commercial work includes cases involving banking and finance, civil fraud, and company law. He also undertakes regulatory and administrative law work. He has experience of a range of heavy and complex disputes, and frequently acts as sole counsel, including in matters requiring challenging court advocacy.
His recent cases (both led and unled) include a multi-jurisdictional conspiracy claim involving a Thai renewable energy company, banking disputes concerning alleged bribery and sanctions issues, a judicial review in relation to criminal proceedings, and an unfair prejudice petition under s.994 of the Companies Act 2006.
Prior to coming to the bar, Joseph was a research assistant at the Law Commission, a solicitor (practising in Scotland), and a judicial assistant at the UK Supreme Court.
Recent highlights
Suppipat & Ors v Narongdej & Ors [2023] EWHC 1988 (Comm)
One of The Lawyer’s “Top 20 Cases of 2022”. Instructed (with Derrick Dale KC) for seven out of seventeen defendants in a Commercial Court claim in connection with the ownership of a renewable energy company in Thailand. Trial between October 2022 and March 2023.
R (Forsey) v Northern Derbyshire Magistrates' Court [2021] EWHC 3013 (Admin)
Instructed (with Richard Lissack KC and Andrew Smith KC) for the claimant in a judicial review of a decision on jurisdiction in criminal proceedings relating to an alleged offence under the Trade Union and Labour Relations (Consolidation) Act 1992.
Stichting Vestia v Société Générale (FL-2020-000034)
Representing (with Richard Handyside KC and Natasha Bennett) the defendant bank in a claim with an estimated maximum value of c.€130 million involving alleged bribery and the allegation that several interest rate swaps entered into by the parties were outside the capacity of the claimant, a Dutch social housing association.
Ashley v Jimenez (HC-2017-000156)
Acting (with Richard Lissack KC and James Cutress KC) for the claimants in a high-profile fraud claim in the Chancery Division, including the successful defence of a jurisdictional challenge: [2019] EWHC 17 (Ch), [2019] EWHC 580 (Ch); obtaining judgment on the merits without trial: [2019] EWHC 1806 (Ch); obtaining judgment with respect to enforcement (February 2021); and successfully resisting applications for permission to appeal (November 2021).
Entertainment Partners LLC v Sargent [2019] EWHC 3718 (Ch)
Instructed (with Ben Valentin KC) for the Petitioner, a minority shareholder, in an application for an interim injunction restraining the sale of shares which involved allegations of unfairly prejudicial conduct.
Other cases include: SRA v Robinson [2019] 4 WLR 162; Fundo Soberano de Angola v dos Santos [2018] EWHC 2199 (Comm); Instant Access Properties (in Liquidation) v Rosser [2018] EWHC 756 (Ch); SRA v Leigh Day; and Gemini v CBRE & King Sturge (CL-2013-000161) (one of The Lawyer’s “Top 20 cases of 2016”).
Kanaga is Senior Counsel, a Member of Fountain Court, and practises in the South-East Asian region, including Australia. He was previously counsel with the United Nations in Geneva, counsel with Mitsubishi Corporation, in Tokyo, and was with firms in Singapore (Rajah & Tann) and Malaysia.
He acts in arbitrations in and outside Australia, having advised on disputes (ICC, UNCITRAL, AAA, SIAC, HKIAC rules) arising in connection with projects in Australia, India, Malaysia, Sri Lanka, Vietnam, Thailand, Hong Kong, PRC, South Africa, and Ghana.
Kanaga teaches at the UWA Law School where he teaches International Commercial Arbitration and International Investment.
Katherine accepts instructions in all of chambers’ areas of practice but specialises in corporate crime and investigations. She regularly appears in her own right, as well as working with more senior members of the Bar.
Katherine is appointed to the SFO A Panel and the Attorney General’s B Panel. She contributes to Blackstone’s Criminal Practice, Millington and Sutherland Williams on the Proceeds of Crime and is a member of the editorial board for Lloyds Law Reports: Financial Crime.
She has particular experience in representing listed companies. She is currently instructed in a number of major SFO, HMRC and Insolvency Service investigations for corporate clients, including FTSE-100, 250 and AIM-listed companies and companies held privately by large funds. She has unrivalled expertise at the Bar in advising defendant companies in Deferred Prosecution Agreement negotiations and proceedings.
In addition to representing corporates, Katherine has advised and represented individual officers and senior employees of companies in major investigations and trial proceedings across international borders. She has extensive experience in representing individuals (traders and brokers) working in the financial sector. Katherine has recently been retained in relation to several investigations concerning the sports industry and the gaming and gambling industries. Katherine also been retained to advise in connection with the criminal aspects of several large-scale competition investigations, including in relation to class-actions.
Katherine is frequently asked to provide ad hoc advice in respect of criminal investigations in the United States and other common law jurisdictions, in cases raising parallel points of law or issues of territoriality. She has particular experience of dealing with extradition issues in this context. She is also regularly instructed in relation to litigation strategy in overseas jurisdictions. Her recent work includes:
Public / Civil Work
Katherine has significant experience of judicial review and civil proceedings relating to the criminal justice system, especially in cases concerning corporate crime. She has particular expertise in resolving criminal litigation with a view to minimising future civil litigation risks.
Cybercrime
Katherine has experience of advising corporates and individuals on ‘cybercrime’ issues. She has particular interest in crypto-assets and blockchain and the regulatory implications of these technologies. She has advised on data protection offences and on the commission of offences online via social media.
Crime
Katherine is regularly instructed to provide advice and representation in criminal matters. Katherine acted for the Director of Service Prosecutions in the trial of Sgt Alexander Blackman (‘Marine A’), led by David Perry KC, and in the subsequent appeal following referral by the CCRC, led by Richard Whittam KC.
She has been instructed to advise the Director of Public Prosecutions for Mauritius and the Director of Public Prosecutions for the Cayman Islands. She is regularly instructed to advise HM Government on appeals to the Privy Council.
Inquests
Katherine has a particular interest in inquests involving the criminal justice system and in cases where criminal proceedings have been completed or are in prospect.
Katherine acted for the family of Cheryl James, the trainee who died at Deepcut Barracks in 1995, in the 2016 inquest. She was also instructed by Liberty in the case of Sean Benton, another recruit who died at Deepcut Barracks in 1995, in the proceedings to secure a second inquest. (Led by Alison Foster KC, now Mrs Justice Foster.)
Katherine co-represented the sisters of Anne-Marie Ellement, a Royal Military Policewoman who committed suicide, having been subject to a campaign of bullying following her allegation of rape against two colleagues.
Katherine also has experience of acting for families in prison inquests and subsequent civil claims.
Kit is developing a broad practice in line with Chambers’ specialisms, and is particularly interested in civil fraud, banking, commercial disputes, commercial crime, and professional discipline.
Barrister with a general commercial practice, including banking and financial services, commercial fraud, insolvency, insurance and reinsurance, professional negligence and media law.
Laurentia has a broad commercial practice in line with Chambers’ profile, with a particular interest in the intersection of commercial and public law.
She has trial and appellate experience at all stages of a dispute including evaluating claims and defences, fact and expert disclosure and inspection, and led and unled advocacy at hearings, trials, and arbitrations.
All areas of commercial chancery litigation, with particular focus on banking and financial services disputes.
Wide experience of acting both for and against financial institutions in complex and very high value disputes.
Particular expertise in claims involving allegations of market manipulation and/or the mis-sale of financial derivatives. Has acted in some of the most notable and high-profile cases concerning such allegations (e.g. PAG v RBS, Wall v RBS, Red Kite v Barclays and more recently as below).
Recent experience includes: acting for claimants in $500 million foreign exchange derivative dispute (Fiesta v Deutsche Bank: case settled after four years and prior to 10-week trial); acting for defendant bank in 9-week trial of $100 million fraud claim concerning residential mortgage-backed securities (Loreley v Credit Suisse – Credit Suisse wholly successful at trial and awarded indemnity costs); acting for defendant bank in c.£100 million fraud claim concerning the activities of its restructuring group (Riley v Natwest: summary judgment for Natwest granted and upheld on appeal); acting for one of a number of banks accused of collusive LIBOR manipulation during the financial crisis (FDIC v Barclays Bank Plc & ors).
Acts increasingly alone (e.g. Wadhwani v RBS: successful strike out for ‘warehousing’ abuse) and has been judicially praised for ‘clear and confident presentation’.
Professor Boo is one of Singapore’s leading international arbitrators, having sat as arbitrator in more than 300 cases and written numerous awards. His cases included those administered by the ICSID, ICC, CIETAC, SIAC, LCIA, HKIAC, AAA, KLRCA, BANI, as well as ad hoc arbitrations. Many of his recent cases involve disputes arising from mergers/acquisitions, oil/gas and energy resources, pharmaceuticals, infrastructure developments and international trade.
Boo has consistently been described by Chambers’ Asia-Pacific in 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 and ranked as one of Asia’s most “in demand” “leading individuals” in arbitration “who always inspires confidence in arbitration”, as one who “handles a high volume of cases in a time-efficient manner” and “much sought after for his “no-nonsense approach and academic distinction”.
He is the author of Halsbury’s Laws of Singapore Volume 2 – Arbitration (Lexis-Nexis 2020 re-issue) and one of the co-authors of UNCITRAL Digest on the Model Law on International Commercial Arbitration (UN July 2012). He leads in the teaching of international commercial arbitration at the Faculty of Law, National University of Singapore since 1994. He also teaches at Bond University, Australia.
KC, commercial arbitrator in international and domestic arbitrations and mediator specialising in:
Insurance and reinsurance, including business interruption, employer’s liability, public liability, product liability, cyber risks, professional indemnity, financial institutions, directors’ and officers’ liability.
Product liability and product recall, including commercial products, vehicles, food, pharmaceuticals, medical devices, vaccines, blood and chemicals. Specialist in group litigation and cases with complex scientific and technical evidence and regulatory issues.
Professional liability and professional discipline, including solicitors, barristers, accountants, financial services professionals and insurance brokers.
Financial services law and regulation.
Commercial disputes.
Public and constitutional law and public inquiries.
Has acted on behalf of the UK Government in a wide range of cases for over 29 years. Former First Counsel to the Welsh Government 2013-2016.
Recent cases include: Wragg v Opel Automobile GmbH [2024] EWHC 1909 (KB); [2024]] EWHC 1138 (KB), [2024] EWHC 110 (KB), [2023] EWHC 2632 (KB) (group litigation; consumer claims); Re Pan NOx Emissions Litigation [2024] EWHC 1222 (KB) (group litigation); Various Claimants v Nissan Motor Co Ltd [2024] EWHC 208 (KB) (group litigation); Various Eateries Trading Ltd v Allianz Insurance Plc [2024] EWCA Civ 10 & [2022] EWHC 2549 (Comm) (insurance); Wilson v Bayer Pharma AG [2023] EWHC 1282 (KB) (group litigation, product liability); Cuckow v Axa Insurance UK Plc [2023] EWHC 701 (KB) (insurance)Coote v Ullstein and Hodge Jones & Allen [2022] EWHC 607 (QB) (professional liability); claims relating to Hormone Pregnancy Tests (Wilson & ors v Bayer Pharma AG & ors) (product liability); civil claims arising out of the Grenfell Tower fire (Abdel-Kader & ors v Royal Borough of Kensington and Chelsea & ors [2022] EWHC 2006 (QB) & [2021] EWHC 2016 (QB); De Costa & ors v The London Fire Commissioner and ors [2020] EWHC 2718 (QB);); Financial Conduct Authority v Arch & ors test case on business interruption insurance and COVID-19 losses [2020] Lloyds’ Rep IR 527 (insurance); Various Claimants v Giambrone and Law [2019] EWHC 34 (QB) (insurance); Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] BLR 491, CA (commercial product liability); Akcine Bendrove Bankas Snoras v Antonov [2018] EWHC 887 (Comm) (commercial; freezing injunction); Redman v Zurich Insurance Plc [2018] 1 WLR 280, QB (insurance); The Khan Partnership v Al-Shanfari & Al-Rawas [2017] 1 WLR 2301 (limitation, solicitors’ negligence); Cape Distribution Ltd v Cape Intermediate Holdings Ltd [2016] EWHC 1786 & [2016] EWHC 1119 (insurance); International Energy Group Ltd v Zurich [2016] AC 509 (insurance); Secretary of State for the Home Department v Raytheon Systems Ltd [2015] 1 Lloyd’s Rep 493 (IT, arbitration appeal); Abbey Forwarding (in Liquidation) v Revenue and Customs Commissioners [2015] Bus LR 882 (insolvency).
Commercial litigation; fraud-civil; business and regulatory crime; financial services regulation; arbitration.
Leonora is a specialist in complex fraud across the civil and criminal legal spectrums, with a wealth of expertise in cases involving allegations of corruption, bribery, and asset misappropriation. She has extensive experience in business, financial, and regulatory crime matters, and regularly appears in and advises on both civil and criminal proceedings brought by the SFO and the FCA.
Leonora frequently acts for high-net-worth individuals, with her client list including members of the royalty, former premiers, top executives, and most recently the key individual in the 1MDB fraud.
Recent case highlights include the FCA’s prosecution of three former executives of Redcentric Plc, which represented the first ever prosecution for the offence of making misleading offences to the market under s.89 Financial Services Act 2012. Leonora acted for the company’s former CEO who was unanimously acquitted on all counts. She represents the Man Group in Public Institution for Social Security of Kuwait v Man Group concerning allegations of large-scale bribery She is currently advising on several sanctions cases, two of which are due to be heard in the Commercial Court in 2022-2023.
A significant part of Leonora’s practice is her representation of professionals accused of serious misconduct. In Tonstate v Wojakovski [2021] EWHC 1122 (Ch) she acted for the successful respondent solicitors against allegations of contempt of court and breaching a Worldwide Freezing Order in failing to disclose the source of third-party funds received on behalf of a client who was subject to the WFO. Leonora succeeded in recovering 100% costs on the indemnity basis on behalf of her client. Other examples include successfully representing a Big Four accounting firm in internal disciplinary hearings concerning bribery allegations, and resisting a Norwich Pharmacal application on behalf of a foreign legal representative. Relatedly, Leonora is often called upon to advise on matters concerning document use and misuse, disclosure, and privilege.
She is appointed to the the SFO’s panel of external counsel and is a contributor to Lissack and Horlick on Bribery (3rd Edn.), co-authoring the chapter on the “adequate procedures” defence to the offence of failing to prevent bribery under s. of the Bribery Act 2010.
Professor in International Commercial law and barrister specialising in international commercial litigation with a particular expertise in jurisdiction.
Luca is the founding partner of Arblit, an arbitration and litigation boutique in Milan.
He is also a Full Professor at the School of Law of the Università Cattolica di Milano, where he holds the chair of Private International Law and is the Director of the Institute of International Studies. He currently teaches also Law of International Arbitration and Transnational Commercial Law. In the course of his career as a tenured professor in several Italian universities since 1987 he also taught European Union law, public international law and competition law.
Luca is the author and editor or co-editor of six books and one commentary and over 100 articles published in Italian and international journals on issues of private international law, the law of arbitration, public international law, European Union law, competition law, telecommunications law, international financial law (Publications). He is a regular speaker at, and organizer of, academic and practitioners’ conferences, symposia, workshops and courses, in Italy and abroad. He is also the Vice President of the LCIA.
He has held the following teaching and research appointments: Lecturer at the Hague Academy of International Law, Private International Law Session (2003); Visiting fellow, Wolfson College, Cambridge, England (1990 and 1995), and Max Planck Institut für Internationales und Ausländisches Privatrecht, Hamburg, Germany (1987); Visiting Professor, Institut d’Etudes Européennes of the Free University of Brussels (1991-92); Visiting Scholar, Harvard Law School (1996; 2000 and 2002); Visiting Scholar, Boalt Hall School of Law, University of California at Berkeley (1998 and 1999); Visiting Professor, University of Paris II (2007); Lecturer at the External Program of the Hague Academy of International Law in Buenos Aires (2012); Scholar in Residence at the Center for Transnational Litigation, Arbitration and Commercial Law at New York University Law School (2014).
Luca’s professional experience began as a member of the Office of the Legal Advisor at the Bank for International Settlements (the “Bank of the Central Banks”) in Basel, Switzerland (1978-1984).
He then joined Chiomenti Studio Legale as an associate, then becoming partner and head of its Brussels office and of its International, European and Competition law department (1984-2000).
From 2001 to 2013 he was a partner at Bonelli Erede Pappalardo, where he was a member of the European/antitrust law and of the International Litigation and Arbitration practice groups; he was also in charge of the Dispute Resolution Desk of that firm’s London office.
In his three decades in two of Italy’s most prestigious firms and now as a founding partner of Arblit, Luca has advised and represented top private and public Italian and international clients (including the European Commission and the Federal Reserve Bank of New York) in a broad variety of matters.
These have ranged from his areas of main academic specialization (conflicts of laws and jurisdictions and public international law) to banking and finance and all aspects of European Union law and competition law (mergers, cartels and abuses of dominant position, state aids, public procurement, telecommunications, energy, circulation of services and establishment, particularly in the area of financial services and telecommunications law). He was one of the first, and for many years of the most active and reputed, competition lawyers in Italy as evidenced by his rankings in the specialized publications. He was particularly involved in the initial phase of privatizations and liberalizations in Italy, having amongst others acted for the first private mobile telephone operator upon its entry into the Italian market. His activity as a competition lawyer and his involvement for his other areas of expertise in the transactions handled by his previous firms allowed him to gain experience in a variety of economic sectors and areas of law, including corporate and M&A transactions, energy, telecommunications, utilities, financial and regulated markets, gaming.
Luca, whose practice often benefits from his scholarly work, has appeared regularly before Italian courts, including the Council of State and the Constitutional Court, as well as the Court of Justice and the General Court of the European Union and the European Court of Human Rights, and administrative authorities (the European Commission and the Italian Competition Authority and telecom regulator). Luca has brought all this experience to bear in his arbitration and international litigation practice. He is one of Italy’s top arbitration specialists and is highly regarded abroad, also through his publications (which include an authoritative Commentary on arbitration law in Italy and writings in a variety of prestigious law reviews) and his activities in professional bodies, including the International Court of Arbitration of the ICC, the International Bar Association and the International Law Association. He was the delegate for the Italian Government at the 33rd and 34th Sessions of the UNCITRAL Working Group on International Arbitration (2000 and 2001). Prior to forming Arblit, he was one of the spearheads of his previous firm’s prestigious arbitration practice.
He appears as counsel and sits as presiding, sole and party appointed arbitrator in ad hoc and institutional domestic and international arbitrations under a variety of rules and governing laws (Geneva Chamber of Commerce, ICC, LCIA, Milan Chamber of Arbitration, Stockholm Arbitration Chamber, Danish Institute of Arbitration, Swiss Chamber of Commerce in Milan, UNCITRAL, Cairo Regional Centre for International Commercial Arbitration, European Development Fund). He has significant expertise in investment arbitration, having been involved as counsel in several high profile ICSID arbitrations, including as counsel for the successful claimant in Saipem v. Bangladesh and in two pending cases brought by Italian holders of Argentine bonds against the Republic of Argentina, Alemanni and others v. Argentina and Ambiente Ufficio and others v. Argentina (in the latter of which the ICSID tribunal rendered a favorable decision on jurisdiction).
He also acts as advisor and counsel in transnational court litigation, with a particular focus on issues of public international law and of conflicts of laws and jurisdiction. He appears as an expert on Italian law, arbitration law and competition law in proceedings before arbitral tribunals and foreign courts. In the past he advised the Federal Reserve Bank of New York in connection with litigation before the Iran-US Claims Tribunal.
Luca is a leading expert on the interactions between arbitration and competition and merger control law, as well as in private antitrust litigation.
Broad commercial practice with experience of banking/finance, civil fraud, insurance and professional negligence work in the Commercial Court, the Chancery Division, the County Court and under many of the major arbitral rules. Particular interest in civil fraud and conflicts of law.
Marianne is an experienced commercial barrister, who has a core specialism in professional regulation and discipline. She is held in the highest regard by clients and described in the directories as a “star”. In addition to regularly acting for the regulators, Marianne has considerable expertise in undertaking highly discreet investigations and defence work for city firms and individuals in respect of complaints made against them, and in defending tribunal proceedings, alongside advising a wide range of firms with regards to ongoing regulatory/risk compliance in all regulatory fields. Whilst the nature of the work is by its nature typically highly confidential, Marianne is an experienced practitioner in the field and, as a result, is frequently invited to speak at regulatory conferences and to conduct training for professionals on all issues arising in this area. As a skilled cross-examiner and advocate, Marianne prides herself on working tirelessly for her clients in handling what are often highly stressful cases requiring particularly sensitive attention and care.
Marianne is the Chambers & Partners ‘Professional Discipline Junior of the Year’ 2022.
Barrister specialising in professional negligence, professional discipline and general commercial litigation.
Notable recent cases include the defence of a US$500m breach of fiduciary duty claim against solicitors in the Cayman Islands; acting for the claimants in a $400m claim against directors arising out of the collapse of an investment fund; acting for the Claimants in a $200m claim against a Big Four firm of accountants; acting for the Defendants in a £100m claim against a Big Four firm of accountants; acting for a firm of solicitors in the defence of a £300m negligence claim and Gemini v CBRE, described as the 'valuation trial of the century'. Other leading cases include: Hall v Simons, on advocates' immunity, Farley v Skinner, concerning the recoverability of damages for distress in professional contracts, Dubai Aluminium v Salaam, in which the court considered the boundaries of vicarious liability for fraud and Stone & Rolls v Moore Stephens, which concerned the liability of auditors for alleged failure to detect fraud in the context of a 'one man' company.
General Editor of Professional Negligence and Liability; Associate Editor of The Journal of Professional Negligence.
Matthew is a highly experienced international disputes lawyer, with particular expertise in international arbitration, where he enjoys global recognition. His acts in commercial and investment treaty arbitrations, including under various rules such as ICC, UNCITRAL, SIAC, HKIAC, KLRCA, SCC, LCIA and ICSID, and in a variety of sectors including technology, financial services, energy and natural resources and manufacturing. He advises on many arbitration-related applications in the UK. Matthew spent much of his career at a magic circle law firm before being called to the Bar. He was chairperson of the Hong Kong International Arbitration Centre for three years and is now a Vice President of the LCIA Court. He is also a solicitor-advocate in Hong Kong and is called to the Bar in Western Australia and a long-standing editor of Russell on Arbitration, a leading text book on arbitration.
Recent matters include acting for:
British Gas and RIL in proceedings against the Government of India relating to two production sharing contracts, including the underlying arbitration and three applications before the Commercial Court, most recently Union of India v Reliance Industries Ltd & Anor [2022] EWHC 1407 (Comm).
an investment bank in a dispute with a corporate customer concerning contracts for derivatives documented under the ISDA Master Agreement.
Acting in various arbitrations for private equity investors in various disputes with corporate/promoters relating to businesses in Asia.
Barrister dealing with commercial litigation, banking and financial services, aviation, regulatory and professional discipline, insurance and professional negligence.
Barrister specialising in commercial litigation, international arbitration, banking and finance, civil fraud, energy, construction, professional negligence, insurance and reinsurance, and aviation.
Michael Crane KC has over twenty years’ experience as an international arbitrator. In addition to ad hoc references, he has been appointed under most of the world’s leading institutional rules including those of the ICC, LCIA, CIArb, LMAA, UNCITRAL, ARIAS, AAA and SIAC. His appointments to date divide roughly equally between those as sole or presiding arbitrator and party appointments.
Michael has particular expertise in aviation and insurance cases as well as in disputes involving interpretation of complex commercial instruments and issues of jurisdiction and conflicts of law. He has considerable experience in, and is comfortable in applying, foreign as well as English law. Michael has also provided expert evidence on English law for courts in the USA, Italy, Denmark, Ireland and Australia.
Michael sits as an arbitrator in major arbitration disputes. His truly international practice sees him active in London, Dubai, Abu Dhabi, Kuala Lumpur and Singapore. He has experience of a wide range of arbitral regimes, including those under the auspices of the International Chamber of Commerce, the London Court of International Arbitration, SIAC, UNCITRAL and the City Disputes Panel, as well as ad hoc references.
Michael has a strong reputation as an arbitrator in relation to Asian and Middle Eastern disputes in particular. He has been involved a great number of Asian disputes, centred in the Singapore International Arbitration Centre (SIAC) for whom he is a regular party-appointed arbitrator. He is also specialised in arbitrating Russian and CIS disputes.
Michael McLaren KC is widely experienced in all areas of commercial litigation, regulation and professional discipline, with particular expertise in aviation, banking and finance, commercial dispute resolution and regulatory law.
Recent experience includes: Stoop v. Johnson [2024] EWHC 286 (Ch.) (damages-based agreements); Saudi Arabian Airlines v. International Airfinance Corp. [2024] EWHC 242 (Comm) (interim injunctions); Olympic Council of Asia v. Novans Jets [2023] EWHC 276 (Comm) (contempt), [2021] EWHC 1063 (Comm) (unjust enrichment and CPR24); LLC Eurochem v. Tecnimont [2022] EWHC 2444 (Comm) (anti-suit injunction); Gama Aviation v. MWMMWM [2021] EWHC 2229 (Comm) (non-setting aside default judgment), [2021] EWHC 3667 (Comm) (debarring order), [2022] 4WLUK 364 (summary judgment); Integral Petroleum v. GPB Bank [2000 Jacobs J] (non-setting aside anti-suit-injunction), [2022] EWHC 659 (Comm) (summary judgment); Odyssey Aviation v. GFG [2019] EWHC 1927 (Comm) (aircraft purchase); Bank Mellat v. HM Treasury ($4bn claim); Nesbit v. Acasta [2018] EWCA Civ 268 (construction of insurance policy); acting for litigation funder resisting security for costs in £700m claim; Williams v. SRA [2017] EWHC 1478 Admin (solicitor challenging strike off), Dubai Financial Group v National Private Air Transport Services [2016] EWCA Civ 71 (setting aside default judgment entered simultaneously with alternative service order); Tarom v Jet2.com [2014] EWCA Civ 87 (distinction between causation and assessment of damages); ACG Acquisition v Olympic [2013] EWCA Civ 369 (certificate of acceptance of aircraft).
Natasha Bennett specialises in general commercial litigation, including banking and financial services, civil fraud, professional negligence, insurance and conflict of laws. In particular, she has been instructed in a number of high profile banking cases including the £4 billion RBS Rights Issue Litigation. Other recent cases include: The Libyan Investment Authority v Credit Suisse et al; Stichting Vestia v SocGen; Farol Holdings et al v Clydesdale Bank and National Australia Bank; Pipia v BGEO Group Limited; Wall v RBS; Al-Besher v Credit Suisse UK; and Credit Suisse v Stichting Vestia. Natasha was named Commercial Litigation Junior of the year in 2023.
Barrister specialising in commercial and public law
Niamh Cleary has a broad and varied commercial practice, with a particular emphasis on aviation, insurance and reinsurance, competition, and professional negligence. Her practice also encompasses banking and finance, public procurement, and regulatory/consumer law. She is ranked in The Legal 500 for professional negligence as a “Leading Junior” and as a “Rising Star” in aviation.
Niamh has extensive experience of heavy litigation and complex disputes, both domestic and international, as well as of large scale multi-partly claims. She is regularly instructed in the High Court both as sole advocate and as part of a wider team. She has also acted in arbitration claims under a range of procedural rules.
Instructed by various reinsurers in respect of claims under hull war risks policies, arising out of the Russian invasion of Ukraine.
Instructed by FW Aviation (Holdings) 1 Limited in its aircraft leasing dispute with VietJet Aviation JSC.
On the Beach Limited v Ryanair UK Limited &Anor: Instructed by Ryanair in a claim for alleged breach of dominant position.
Pollack v Google: Instructed in a class the action on behalf of UK publishers who have suffered loss as a result of Google’s abuse of its dominant position in the adtech sector.
Acted in various LCIA arbitrations relating to political risk insurance disputes.
Lord Wilson is a former Justice of the UK Supreme Court and joined Fountain Court as an arbitrator in 2020, having spent 27 years of his career on the Bench.
Lord Reed, President of the Supreme Court, paid tribute to Lord Wilson on his retirement from the Supreme Court, referring to his “many important judgments” in family law and his “notable judgments on a range of subjects, including tax law, employment law, social security law, and the law of contract” and “important judgments raising issues of constitutional and administrative law”. He also commented that “an outstanding lawyer such as Nicholas can use his skills in any area of the law”.
Nicholas accepts appointments as arbitrator across a range of areas, both in the UK and overseas.
Nicholas Medcroft KC’s practice spans commercial dispute resolution, banking, fraud, corporate crime, financial services, professional negligence and professional discipline.
He is regularly instructed in major commercial disputes, especially those with a financial services or fraud/breach of trust element. He is particularly well known for his expertise in POCA and money laundering and regularly acts for financial institutions caught up in fraud.
He has extensive experience of big-ticket disciplinary and regulatory proceedings and has acted in many of the major corporate collapses and accounting scandals in recent times.
He is recommended as a leader in his field in the legal directories, where he is described as “a fantastic legal mind”; “a great court performer”; “a great strategic thinker and a complete team player”; “he can operate seamlessly across commercial law, professional regulation and criminal law.”
His notable cases include MG Rover; BHS; the collapse of Carillion plc; the collapse of Silentnight; FSA v Alexander (the first market abuse case to be brought by the FSA in the Chancery Division); the Marrache fraud litigation in Gibraltar; Shah v HSBC Private Bank (the leading case on the conflict between a bank's duties to its customers and its duties under POCA); N v Royal Bank of Scotland plc (whether POCA excludes the court’s jurisdiction) and the Potters Bar and Tebay rail accidents.
Nick has a diverse and busy practice across a broad range of commercial work including civil fraud, banking, professional negligence, sport, aviation and insurance. He is regularly instructed in high profile commercial disputes, including several of The Lawyer’s “Top 20 Cases” in recent years.
Nick has significant experience both as a junior and as sole counsel in high value litigation and arbitrations in England and internationally, and regularly acts for large commercial institutions and high net worth individuals as an advocate and in an advisory capacity.
Significant recent cases include: the Russian Aircraft Claims (aviation insurance claims among the largest and most complex cases ever litigated in the Commercial Court); VTB Capital plc (in administration) v Republic of Mozambique [2024] EWHC 1957 (Comm) (proceedings arising from the so-called “Tuna Bonds” controversy involving US$2 billion of debt guaranteed by the Republic of Mozambique and complex allegations of bribery and corruption); the Ingenious Litigation (group litigation relating to the mis-selling of film finance investments); JD Classics Limited (in administration) v PwC (£60 million audit negligence claim); and Arani v Cordic Group Limited [2023] EWHC 95 (Comm) (multi-million pound fraudulent breach of warranty claim).
Art & Cultural Property; Banking and Finance; Commercial Litigation; Fraud – Civil; International Arbitration; Offshore; Professional Negligence.
Specialises in commercial litigation with particular expertise in banking and finance, insurance and reinsurance, fraud/asset recovery, jurisdiction and conflict of laws, professional negligence, art law, international and domestic arbitration. Chambers & Partners ‘Banking & Finance Junior of the Year’ 2022.
Recent practice includes a number of high-profile commercial cases, including acting in the US$1 billion PIFSS litigation for a Kuwaiti sovereign wealth fund, acting for the administrators of the NMC Group in multi-billion dollar litigation and arbitration across the world, and acting for the successful investors in the Czech Photovoltaic arbitrations in The Hague and Vienna. Has particular experience of litigation in offshore jurisdictions (Bermuda, BVI, Cayman and St Lucia) and in Hong Kong and Singapore, and has extensive experience of international arbitration under the rules of numerous arbitral institutions.
Barrister specialising in commercial litigation, including aviation, banking, civil fraud, public law and regulatory matters.
Notable led cases include:
R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35, seeking judicial review of decisions taken by the CAA to publicly criticise Jet2, resulting in a leading decision on legal advice privilege.
Renova Industries Limited & Ors v Emmerson International Corporation & Ors: acting in the BVI commercial court for defendants in a $1 billion+, long-running fraud claim.
PJSC Tatneft v Gennady Bogolyubov and ors [2021] EWHC 411 (Comm): Acting for the claimant in a 12-week trial of a fraud claim against four Ukrainian oligarchs.
R (on the application of Monarch Airlines Ltd (In Administration)) v Airport Coordination Ltd[2017] EWCA Civ 1892 and [2017] EWHC 2896 (Admin). Acting for the regulator in JR proceedings concerning the allocation of slots to an insolvent airline.
Defending a multi-million-pound solicitor’s negligence claim relating to the conduct of proceedings under POCA 2002
Recommendations
“Outstanding talent, with a deep understanding of the regulatory framework of the aviation and travel industries.” Legal 500 (Rising Star)
Barrister specialising in commercial litigation and arbitration, particularly cross-border disputes and disputes arising from fintech, fraud and finance, including disputes over digital assets, cryptocurrencies, blockchains and ‘smart contracts’.
Comfortable with technological-intensive disputes of all kinds, Nik has been involved in a number of important cryptocurrency disputes. He acted for the English crypto market maker, B2C2, in the ground-breaking, leading case of B2C2 v Quoine [2020] SGCA(I) 02, on cryptocurrency / algorithmic trading before the Singapore International Court of Appeal. The case has been described as “landmark” by Oxford University’s Computer Science Dept. He represents the Bahamian liquidators of FTX, and represented an exchange defendant in the now-leading English crypto case of D’Aloia v Persons Unknown eg [2024] EWHC 895 (Ch). He led the English Counsel team which in 2024, through proceedings in England and New York, managed to recover US$450 million of hacked crypto (eg [2024] EWHC 1514 (Comm) & [2024] EWHC 2532 (Comm)). He was Legal 500’s Technology, Data & Crypto Junior of the Year 2023.
Nik regularly acts for leading crypto exchanges, blockchain intermediaries (eg bridges) and wallet providers. He represents a number of start-up crypto platforms, including one which is developing a DLT with far greater efficiency than blockchains. Nik regularly advises on the scope of applicable UK financial regulatory regimes to such platforms. Nik’s technology practice has also involved representing several leading mobile phone manufacturers such as Nokia in various licensing disputes before the Courts and in arbitration.
Nik also has a particular focus on professional negligence (Chambers & Partners Professional Negligence Junior of the Year in 2016; and nominated for the same award in 2024 by both Chambers and Legal 500) - from disputes arising from the complex valuation of securitised assets to claims against solicitors, barristers, accountants, tax advisers and bankers. He acted for the claimants in what the press called the “valuation trial of the century”, Gemini v CBRE and King Sturge, arising out of a £1.2 billion commercial mortgage-backed securitisation, with an expert report running to 13,000 pages. He represented the claimants in tax case McClean v Thornhill [2023] 1 WLR 3802.
Nik’s financial disputes practice focuses on the most complex financial products, such as the Constant Proportion Debt Obligations (CPDO); he has represented Lehman Brothers Inc (the US broker dealer of the Lehmans group) in a various proceedings arising out of the global financial crisis, including a leading case on the operation of the capital markets. He is currently acting for a claimant in a multi-jurisdictional set of claims against former financial advisers, involving novel schemes for so-called investment.
Nik has acted for and against sovereign states in respect of their financial products: Nik was briefed by UK HM Treasury in the finalisation of the Asset Protection Scheme – the £1/4 trillion scheme for the protection of assets of RBS and Lloyds TSB. This was called by the press “the most complex and important mandate of the credit crunch”. Nik represented a significant holder of Greek sovereign debt in the Greek financial crisis. He represented a large foreign sovereign wealth fund in a multi-billion dollar cross-border fraud claim.
He also regularly litigates energy and natural resources; insurance and re-insurance disputes; private equity, leveraged financing and shareholder disputes. This includes shareholder disputes arising from internet-based businesses (drawing on Nik’s tech focus).
Nik is also an acknowledged expert in the law of legal professional privilege, having represented clients on that issue before both the English and Caribbean courts and being a co-author of the leading English law text Thanki (ed) The Law of Privilege.
Orestis has a broad commercial litigation practice, with experience in aviation, banking and finance, civil fraud and insurance. His recent instructions have included the high-profile Tuna Bonds and Qatar Airways v Airbus litigation.
Barrister specialising in commercial litigation and related regulatory work: especially, banking/financial services (including internet banking, plastic money, investment management and mis-selling); professional negligence (in particular, legal services, audit/accountancy and financial services); advice on compliance and representation in disciplinary proceedings relating to legal, accountancy and financial services. Extensive experience of commercial/professional negligence mediations as advocate and accredited by CEDR as a mediator. Accepts appointments as arbitrator.
Recent examples: defence of claims brought by Danish tax authorities relating to cum-ex trading (SKAT litigation); defence of claims relating to alleged fraudulent conspiracy to deprive Thai entrepreneur of shares worth $1-2bn in energy companies (Suppipat v Narondej and others); successfully defending high profile disciplinary proceedings brought by the SRA (including SRA v Senior); defending claims in dishonest assistance and negligence against bank arising from massive Ponzi scheme (SIB v HSBC - strike out of claim upheld by Supreme Court); defending claims against leading law firm for alleged dishonest assistance in fraudulent investment scheme; currently acting as arbitrator in four LCIA arbitrations.
Barrister specialising in general commercial litigation, including banking and financial services, insurance/reinsurance, arbitration and ADR, civil fraud and professional negligence.
Barrister specialising in commercial and civil law.
Employment law, professional regulation and commercial law. Industrial relations law – especially injunctive work in relation to strike action. Junior counsel to the Crown 1999-2012. Treasury “A” panel 2005-2012. Silk 2012.
Recent cases include:
SRA v Leigh Day 2015-2018 inc [2018] EWHC 2726 (Counsel for Respondents, defending regulatory allegations made against the firm and senior partner, Martyn Day. Longest Solicitors’ Disciplinary Tribunal hearing to date).
Ryanair v BALPA 2019 (Counsel for Claimant – strike action by Balpa).
Major trade union recognition dispute (Counsel for employer) 2018-2019.
Fox v SR Technics 2018-2019 (Counsel for Respondent – multi-jurisdiction collective agreements).
Weiss v SJJ 2018-2019 (Counsel for Defendant – springboard relief and ex-employee confidence).
Double Negative v Mortelette 2018 (Counsel for Defendant – contempt of Court).
Counsel for NHS commissioning bodies in multi-contract procurement disputes and NHS pendulum adjudications 2013-2018. SRA v Chan 2015-2016 [2015] EWHC 2659 (Counsel for SRA, regulation of solicitors and Stamp Duty Land Tax avoidance schemes). National Rail Strike 2015 (Counsel for Network Rail). London Underground strike action 2011-2015 (Counsel for LU). Royal Mail Privatisation 2013 (Counsel for RM). Rickhuss v Network Rail 2013-15 (Counsel for NWR – collective bargaining and collective agreements). Pavithran v London Clinic 2013-14 (Counsel for LC – alleged whistle blowing).
British Airways plc v Unite [2010] IRLR 42 (Counsel for BA – injunction against 12-day cabin crew strike – Xmas 2009). BA v Unite (No.2) [2010] IRLR 809 (HC and CoA – Counsel for BA – injunction application to restrain May/June 2010 cabin crew strike). Metrobus v Unite [2010] ICR 173 (Counsel for Metrobus – injunction against London bus strike). Unite v easyJet [2010] TUR1/723 (Counsel for easyJet – resisting application for statutory union recognition). Muschett v HMPS [2010] IRLR 173 (Counsel for HMPS – race discrimination claims and temporary workers).
Paul specialises in complex Commercial and Chancery disputes in particular in cases involving insurance, banking, company disputes and civil fraud. Recent banking highlights include acting for the successful bank in the first civil Libor-fixing trial (PAG v RBS) and the subsequent London Executive Aviation v RBS and Morley v RBS litigation, including in the Court of Appeal.
Recent fraud highlights include Adeem v Al-Humaidhi, a multi-jurisdiction dispute in England, Jersey and Kuwait concerning shares in Aston Martin Lagonda; and the Unitel litigation concerning multimillion dollar loans to companies associated with Isabel dos Santos in the Angolan telecom sphere.
Paul frequently acts in company and partnership disputes including numerous unfair prejudice petitions, breach of warranty, shareholder disputes and claims for breaches of statutory and fiduciary duty. Recent highlights include acting for the successful appellant in the Supreme Court in the Eclairs v JKX claim concerning powers of Directors under the Companies Act.
Paul has considerable experience of fraud work including in relation to freezing and search orders, contempt of court claims as well as trial work.
Paul is frequently instructed in arbitration claims and associated applications to the English Court.
Peter Watts KC, FRSNZ is a New Zealand barrister. He currently practises full-time at Bankside Chambers, Auckland, one of New Zealand’s leading commercial sets. He provides opinions, and acts in arbitrations, in England through Fountain Court but is not admitted to the English bar.
He is a world expert, both as barrister and academic, on the law of agency. Since 2008 he has been the General Editor of Bowstead and Reynolds on Agency (22nd ed, 2021). His practice otherwise is principally in the areas of company law, insolvency law, restitution, commercial trusts and equity.
Peter taught law at the University of Auckland for over 30 years, and currently holds a visiting professorship at the University of Oxford. He is a Senior Research Fellow of Harris Manchester College, Oxford. His other books include Directors’ Powers and Duties (2nd ed, 2015), and P Watts, N Campbell and C Hare, Company Law in New Zealand (2nd ed, 2016). Peter’s influential articles have been referred to many times in UK appellate courts.
Wide-ranging practice covers a broad spread of commercial and common law work with considerable experience of product liability issues. Instructed in (for example) HIV Haemophilia, Hepatitis C, Oral Contraceptives, MMR group litigation and PIP breast implants litigation.
Wider commercial and general civil work undertaken includes banking disputes, financial markets and services, insurance/reinsurance, aviation, shipping and shipbuilding disputes, oil and gas, international arbitration work, anti-suit claims, competition, employment, professional negligence claims, commercial property disputes, and all commercial fraud.
Extensive mediation experience, as advocate and mediator.
Extensive experience of offshore jurisdictions (particularly as regards financial services).
Philip Ahlquist specialises in commercial litigation and arbitration, with particular expertise in banking and financial services, civil fraud, energy disputes and the conflict of laws. Philip also specialises in professional regulation. Leading cases in which Philip has been involved include the RBS Rights Issue Litigation and disciplinary proceedings against Leigh Day arising out of the Al-Sweady Inquiry. He is regularly instructed in cases where his professional regulation and commercial practices overlap. Philip was named as one of twelve ‘Stars at the Bar’ by Legal Week in 2017 and The Lawyer’s Barrister of the Week in August 2021.
Philip’s most recent cases include Harcus Sinclair v Your Lawyers [2021] UKSC 32, concerning issues of restraint of trade and enforcing solicitors’ undertakings in the context of conduct of the VW Emissions group litigation. He is also instructed in breach of fiduciary duty proceedings in Global Energy Horizons Corp v Gray, where a six-day Court of Appeal hearing took place in June 2020, and Philip made oral submissions on several of the grounds of appeal. Philip’s commercial practice includes arbitration, and he has experience of both institutional and ad-hoc procedures, and arbitration claims in the Commercial Court.
Philippa Hamilton (now Hardwick) holds a broad portfolio of legal and non-legal appointments, focusing on regulation, standards, governance and risk.
Philippa was a trained economist as well as a barrister, and is an effective, energetic and committed board and panel member. She holds a portfolio of non-executive appointments focussing on law, standards, governance and risk. Her recent roles (many public facing, including senior roles serving on determinations panels) demand sound judgement, high integrity and scrupulous fairness.
Her legal career spanned a range of civil and commercial disputes, with a particular focus on product liability and financial services. She acted both in advisory and representative capacities, both led and unled and had experience at all levels of the courts (and tribunals).
Philippa has particular competence in dealing with complex technical issues including those involving accounting issues, financial products, statistics and epidemiology. Her professional and people skills have been deployed and developed across her portfolio, for example in her roles for the Financial Reporting Council, the Cabinet Office’s Security Vetting Appeals Panel and the Department of Health’s Committee on Mutagenicity. Philippa has been a Door Tenant at Fountain Court since 2012.
Barrister specialising in general commercial law, banking and finance, civil fraud, regulation, reinsurance and insurance, offshore and professional negligence.
Rebecca specialises in commercial litigation and financial services regulation. Her practice spans a wide variety of disputes, including those related to aviation, banking and financial services, commodities trading and civil fraud. Her cases often have an international dimension and she is regularly instructed to advise on issues involving conflict of laws. She is also frequently instructed to act in regulatory investigations and related proceedings. Her recent cases include high value claims concerning the cancellation of nickel trades by the London Metal Exchange, disputed loan agreements, a dispute arising out of the impact of economic sanctions on an aircraft lease agreement and allegations of fraud in respect of the sale of financial products. She has also appeared in some of the leading cases on legal professional privilege. In 2018 she was recognised by the Legal 500 as one of the “Top Ten under Eight Years’ Call” for Commercial Litigation.
Reported cases include: R (Elliott) v London Metal Exchange [2023] EWHC 2969 (Admin); Watchstone Group v PricewaterhouseCoopers LLP [2023] EWHC 1133 (Comm); R (Donegan) v Financial Services Compensation Scheme [2021] EWHC 760 (Admin); Industrial and Commercial Bank of China Limited v Ambani [2020] EWHC 1403 (Comm), [2019] EWHC 3436 (Comm); PCP Capital Partners LLP v Barclays Bank Plc [2020] EWHC 1393 (Comm); Financial Reporting Council v Sports Direct International Plc [2020] 2 WLR 1256; A v B and Financial Reporting Council [2020] EWHC 1491 (Ch); Director of the SFO v Eurasian Natural Resources Corp Ltd [2019] 1 WLR 791; Dana Gas PJSC v Dana Gas Sukuk Limited [2018] 1 Lloyd’s Rep 177; Aldersgate Investments Limited v Lloyds Bank Plc [2018] EWHC 2601 (Comm).
Barrister dealing with commercial and civil law.
Richard Coleman KC’s practice spans commercial dispute resolution, banking, financial services, administrative and public law and professional discipline. He has been instructed in some of the most significant disputes in these areas, such as the FCA’s test case concerning COVID-19 related insurance business interruption insurance claims; the Ingenious litigation concerning advice and lending provided by banks in relation to film schemes promoted to investors on the basis that they would have tax advantages; the disciplinary proceedings brought by the SRA against Baker McKenzie and others in respect of the handling of a complaint; the Bank Charges litigation concerning whether charges levied on current account customers whose account goes overdrawn may be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations; the PPI judicial review concerning the guidance issued by the Financial Services Authority in respect of the misselling of Payment Protection Insurance; the Financial Conduct Authority’s investigation into LIBOR manipulation; and the misselling of interest rate hedging products. He frequently advises on the FCA’s duties and powers and on solicitors’ obligations under the Code of Conduct.
A wide range of commercial and other civil litigation, including banking and financial services, civil fraud, breach of confidence, competition, conflicts of law, energy, insurance, international arbitration, restitution, professional liability and restitution. Current / recent cases include Federal Republic of Nigeria v Royal Dutch Shell & Ors (alleged bribery and corruption / jurisdiction); In Re: Prudential Life Assurance Company and Rothesay Life Plc (Part VII transfer of insurance business); Bombardier & Ors v London Underground (public procurement); Allianz Global Investors & Ors v Barclays Bank & Ors (competition law / fx); National Bank of Kazakhstan v The Bank of New York Mellon (dispute relating to a Global Custody Agreement); State of The Netherlands v Deutsche Bank (interpretation of ISDA Credit Support Annex / negative interest rates); Property Alliance Group v Royal Bank of Scotland (alleged manipulation of LIBOR / interest rate swaps); Ingenious Litigation (alleged mis-selling of film finance investments).
Richard is a recognised and renowned leading KC practising in the UK, New York, and across the Gulf, Caribbean and Europe. He is a pre-eminent commercial silk recognised both nationally and internationally across many disciplines. He is identified as a “Star of the Bar” listed across the directories as a leading practitioner in 13 areas with specialisms in all forms of litigation arising from complex international and cross-border commercial fraud (civil litigation, enforcement and regulation) and with particular experience in banking and finance; financial services; and high value white collar crime acting for both corporates and individuals which often involves anticorruption legislation and the UK Bribery Act 2010 (on which he has co-authored a leading textbook). Richard’s practice comprises mainly high-profile complex litigation and international ICSID and LCIA arbitration and is heavily weighted towards points at which commercial conduct straddles the line between civil, regulatory and enforcement – and cross border work involving financial markets including those concerning the major banks. He also maintains a significant practice in health and safety and also in inquests and public inquiries.
The following are prominent cases in which Richard has and is acting. For a full list please see https://www.fountaincourt.co.uk/profile/richard-lissack-kc/
1MDB: advising one of the leading actors in what has been described that the largest fraud ever uncovered in connection with multiple international proceedings involving the US, much of Europe, Malaysia, New Zealand and elsewhere.
Venezuelan Gold litigation: acting for Central Bank of Venezuela in proceedings of international significance in which control of 32 tons of gold bullion in the Bank of England is the central factual issue surrounded by numerous legal complexities of constitutional law – under further appeal to the Supreme Court.
Barclays Bank Qatar capital raising litigation: acting as the lead KC in Barclays’ serial success in multiple proceedings arising out of the £11 billion investment by Qatar in the bank in 2008, including winning criminal proceedings instigated by the SFO and other international bodies, winning commercial court proceedings, and currently contesting proceedings brought by the FCA in related regulatory action.
Oleg Derpiaska v Vladimir Chernukhin: acting for and advising Mr Chernukhin in various aspects of this multifaceted continuing litigation spanning the Supreme Court, Court of Appeal, Commercial Court and Administrative Court.
Republic of Mozambique v Privinvest and Credit Suisse: acting for Privinvest and its UBO Iskander Safa in a multi-billion-pound claim brought against it by Mozambique involving allegations of fraud across multiple jurisdictions including London, New York and Switzerland.
Kuwait PIFSS v Man Group and other defendants: acting for UK financial entities in the Man Group being sued with over 30 other Defendants in a multi-billion pound Commercial Court action.
HP and Autonomy: acting for the CFO of Autonomy in relation to several allegations of corporate fraud by both the SFO and FRC in the UK and the Department of Justice in the US, involving extensive related issues of regulation and enforcement worldwide.
COVID Public Inquiry: acting for a major financial institution in connection with the £40billion of business loans made by the UK Government.
Of course, he has appeared in and advised in connection with almost every significant public inquiry of recent times and is consulting editor of Public Inquiries (OUP).
Richard’s record in health and safety and public inquiries work is unsurpassed including: Grenfell Tower, Didcot Power Station collapse, Hatfield, Potters Bar, Ladbroke Grove and Southall train crash cases; the Lyme Bay tragedy; the sinkings of the Maria Assumpta and the Pescado – the list goes on.
His clients say of him:
‘Richard is a standout silk in this area and there are very few others that are able to come close to the level of skill, attention and grace he brings to every instruction. Richard is able to offer advice quickly and precisely on even the most complex of matters and offers a degree of strategic oversight and commercial awareness that is difficult to find at the Bar. Richard is extremely impressive on his feet and is able to win over any tribunal with ease.’
‘Best in his field. Formidable advocate and KC. No equal in his field. Always adds value. Fantastic with instructing solicitors and clients alike.’
‘He delivers exceptionally clear advice in a confident manner that reassures clients. He also has the ear of the Court. His understanding of regulatory, fraud, criminal and civil issues means he has a unique practice.’
‘Extremely responsive, and highly attuned to client needs. Clients will take him as the last word on any nuanced issue – his judgement is impeccable. ’
‘A tenacious advocate who is superb with clients, and utterly charming.’
‘Richard is the smoothest and most user-friendly KCs. He delivers exceptionally clear advice in a confident manner that reassures clients. He also has the ear of the court. His understanding of regulatory, fraud, criminal and civil issues means he has a unique practice.’
He is so charming and has an enormous brain. He's also good humoured and fun to work with.’
‘A leading advocate with good judgement.’
‘He goes from strength to strength and really works hard.’
‘He's a fantastically talented advocate and is very supportive of his team members and clients.’
‘Very impressive on his feet.’
‘He is very user-friendly, very hard-working, always makes himself available and is a very good advocate.’
‘He is excellent; he has very, very good judgement, years of experience, and his delivery is excellent. He is measured and judges trust him.’
‘One of those fantastically versatile KCs, he can cover all the issues in a multi-faceted matter - he brings you something not many KCs can. Richard is very user-friendly, incredibly responsive, and someone who always gives the service the client needs.’
Robin specialises in cases involving financial and economic misconduct, appearing in high-stakes litigation before UK and EU courts, offshore tribunals, and financial regulatory bodies.
In the area of commercial crime, Robin is currently acting for a high-net-worth individual in a challenge to the legality of an offshore investigation into multi-billion-pound money laundering allegations. Other recent work includes challenging corporate account freezing orders and advising a leading university on export control risks in joint research programmes with foreign universities.
Robin frequently appears in cases where commercial interests are threatened by criminal or quasi-criminal conduct, recently appearing as lead advocate on behalf of a major financial services company bringing claims of harassment, breach of confidence, and contempt of court. With his perspective from criminal and regulatory practice, Robin is increasingly sought after in commercial fraud cases, currently appearing in complex and high-value cases both in the commercial court and offshore.
With longstanding experience in sanctions litigation and advice, Robin’s sanctions-related practice spans the full range from designation challenges, via transactional advisory, to representation in enforcement actions. As a French lawyer, Robin also advises on EU sanctions and appears in designation challenges before the EU judiciary.
In the financial regulatory field, Robin’s recent experience includes instructions in three of the latest FCA enforcement actions against banks for failures in their AML compliance systems and control, including appearing before the FCA’s RDC. In offshore enforcement actions Robin takes instructions both for the defence and the regulators. He is also known as a pragmatic and efficient adviser on the scope and application of financial regulations.
Robin Barclay KC specializes in advocacy and advice in commercial, regulatory and public law disputes in court, in arbitration, and in regulatory tribunals, in cases with domestic and international elements.
Robin’s expertise covers a range of practice areas which often intersect: UK banking, company and financial services law, including directors’ duties; UK listing, market abuse and financial services regulation; international fraud, financial crime and sanctions; administrative and public law; and professional misconduct.
Robin usually acts as the leader of a team of barristers in complex and high-value cases. He is an expert in all kinds of heavy commercial / chancery, civil, arbitral and criminal interlocutory applications, as well as trials and appeals.
He is well-known for his skillful cross-examination of witnesses, for dealing with high-profile cases, and for working closely with solicitors, foreign lawyers, in-house counsel, UHNWIs, HNWIs and international private wealth advisors, family offices, trustees, directors and senior managers.
Commercial silk specialising in civil and commercial litigation and arbitration including aviation, banking, civil fraud, conflicts of law and jurisdiction, financial services and professional negligence. Sits as an arbitrator.
Recent cases include: Investors in Barclays v Barclays PLC [2024] EWHC 2124 (Ch); JPMorgan International Finance Ltd v Werealize.com Ltd [2024] EWHC 1437 (Comm); Qatar Airways Group QCSC v Airbus SAS [2022] EWHC 285 (one of the Lawyers’s top 20 cases for 2023); Federal Republic of Nigeria v JP Morgan Chase [2022] EWHC 1447 (Comm); [2019] EWCA Civ 1641; FSHC Group Holdings v Glas Trust Corp [2020] Ch 365; Ventra Investments v Bank of Scotland [2019] EWHC 2058 (Comm).
Rupert is regularly instructed in heavy and high-profile commercial and banking cases, both as part of a larger counsel team and as sole counsel. These cases often have an international dimension and raise complex jurisdiction and choice of law issues and difficult questions of English and foreign law.
His recent experience includes:
acting for VTBC in the 3 month Commercial Court trial of the state immunity issues arising on its claims against the Republic of Mozambique in the ‘tuna bonds’ litigation;
acting for Airbus in high-profile proceedings brought against it by Qatar Airways relating to surface degradation on the A350 aircraft;
advising an aircraft lessor in relation to the disputes with Russian lessees arising out of the grounding of aircraft in Russia following the invasion of Ukraine;
acting for Dexia and Deutsche Bank in a number if different sets of English proceedings concerning the validity and enforceability of interest rate swaps entered into by Italian local authorities (including Dexia v Prato in the Court of Appeal and in 2021 the trial in the Financial List of Deutsche Bank’s claims against the Comune di Busto Arsizio);
defending HSBC against an application for disclosure of documents under the Bankers’ Book Evidence Act 1879 brought by the Chief Financial Officer of Huawei for use in extradition proceedings in Canada;
representing the Bank of New York Mellon SA/NV at one of the first fully remote Commercial Court trials in March 2020 in proceedings brought by the National Bank of Kazakhstan regarding its entitlement to US$22 billion of custody assets;
defending Goldman Sachs International against a US$1.2 billion claim brought by the Libyan Investment Authority in relation to the sale of equity derivatives;
important Court of Appeal decisions of considerable market significance on the correct interpretation of standard form ISDA documentation in Deutsche Bank v Netherlands (negative interest on cash collateral posted under the ISDA Credit Support Annex) and Deutsche Bank v Savona (the scope of the ISDA Master Agreement jurisdiction clause); and
cases concerning alleged LIBOR misconduct by UK banks.
In addition to his commercial and banking practice, Rupert also has extensive experience in the fields of professional discipline and regulatory law (including, in particular, the law relating to solicitors, accountants, financial services and aviation). His growing professional discipline and regulatory practice has seen him instructed by the SRA, the FRC, the FCA, the CAA and other regulators.
Recent disciplinary tribunal experience includes acting for the SRA in the high profile prosecutions of Mark Lewis, Ryan Beckwith and Sophie Khan in the Solicitors Disciplinary Tribunal and for the FRC in enforcement proceedings against KPMG in relation to its CASS audits of the Bank of New York Mellon. Rupert also acted for the SRA in recent High Court proceedings arising from its intervention into the practice of Sophie Khan, including committal proceedings for contempt of court.
Rupert has also appeared in a number of important judicial reviews including R (Lewin) v FRC (in relation to procedural rights of third parties to disciplinary proceedings) and R (Donegan) v FSCS (concerning claims for compensation arising out of the collapse of London Capital & Finance).
Barrister practising in commercial litigation, civil fraud and sports law. Member of Football Association’s National Serious Case Panel for 2023-24 and 2024-25 seasons.
Recent cases include: HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs; Care Tree v Bell; Terre Neuve v Yewdale; Wilton Trustees (IoM) Ltd v AFS Trustee Ltd (in the BVI Commercial Court); Wellcourt Investments Group SA v Sussman; ENRC v Dechert; CNM Estates (Tolworth Tower) Ltd v VeCREF I SARL; J Jeffery (Builder) Limited v Santander; Municipality of Mariana v BHP Billiton plc (the Fundão Dam Litigation); Katara v Guez; and various confidential sports law cases.
Confidential sports cases include acting in, and advising in relation to, various sporting disputes and investigations in both the High Court and arbitral settings including the London Court of International Arbitration and various independent arbitral panels convened by particular sporting bodies. In these contexts, acting for and against, among others, regulatory bodies, clubs, players/ athletes, club directors and agents in matters relating to football, rugby, cricket, Formula 1, boxing, cycling and e-sports.
Art & Cultural Property; Aviation; Banking and Finance; Commercial Litigation; Fraud – Civil; International Arbitration.
Specialises in commercial litigation, with particular expertise in civil fraud, banking and finance, international and domestic arbitration, jurisdiction and conflict of laws, and aviation.
Recent practice includes a number of significant commercial cases, including: acting for the distributor of Aston Martin Vehicles in the Middle East and North Africa in a suite of actions engaging contractual and shareholder actions against Aston Martin Limited across different tribunals and jurisdictions; acting for the Republic of Argentina in multi billion dollar litigation regarding the proper interpretation of GDP-linked bonds, with serious allegations of bad faith against senior government officials; acting in respect of aircraft caught under the scope of UK, EU and US sanctions; and acting for Air Europa in a valuable aircraft financing dispute.
Sebastian practises in the Cayman Islands at the leading litigation practice in that jurisdiction, Appleby (Cayman) Limited. He is also a Door Tenant at Fountain Court and is authorised by the Bar Standards Board to accept instructions in his main areas of practice where circumstances allow.
Sebastian has a broad experience of commercial law cases, both in an onshore and offshore context, from his practice in London, the Channel Islands and the Cayman Islands. His main practice areas are:
Sebastian has acted in high-profile litigation and advisory matters for the following corporate clients: Aspinall’s Club, Bank Julius Baer, Barclays, Gazprom, Generali, HBO, HSBC, ISS, KPMG, Lloyds TSB, Man Financial, NatWest, Nimax Theatres, Northern Rock, Perella Weinberg Partners, Pokerstars, Queen’s Park Rangers FC, Rawlinson & Hunter, Royal Bank of Canada, RBS, Saipem and the Solicitors’ Regulation Authority. Individual clients have included festival promoter Vince Power and hedge fund manager Alexander Jackson.
He has a particular interest in disputes relating to investment funds and fund managers. He has advised on the $1bn claim by the liquidators of the RMBS fund set up by The Carlyle Group (Carlyle Capital Corporation Limited), the derivative claim relating to the $1bn Tetragon CDO fund (and the related Silverstein proceedings in New York), as well as the claim against the directors of the collapsed Arch Cru funds (all in the Royal Court of Guernsey). In the Cayman Islands, he has advised a redeeming shareholder on potential claw-back claims that might be issued by the Joint Liquidators of the well-known collapsed fund vehicle, Weavering Macro Fixed Income Fund Limited, as well as advising unpaid redeemed investors in other distressed fund vehicles.
With Patricia Robertson QC, he is the co-author and editor of the chapter on Fund Managers, in the leading professional negligence text, Mark Simpson QC and Lord Hoffmann (eds.), Professional Negligence and Liability.
He also publishes articles in his main practice areas – the most recent being published by the Hedge Fund Law Review (on Hedge Fund Side Letters, with Christopher Russell).
Civil and commercial litigation including banking, financial services, insurance/reinsurance, civil fraud, pharmaceuticals and professional negligence. Recent cases: Russian aircraft insurance claims (for war risk insurers); Law Debenture v Ukraine (first instance, CA and Supreme Court); Times Travel (SC, economic duress); Madison Pacific v PrivatBank (Notes, illegality); Blue v Mike Ashley [2017] EWHC 1928 (Comm) (oral agreement); Group Seven v Nasir (first instance and CA: fraud); NBT v Yurov (fraud); Marme v RBS (misrepresentation); BTA Bank v Ablyazov; OFT v Abbey National (bank charges) [2010] 1 A.C. 696); Group Seven v Sultana [2014] 1 W.L.R. 735 (freezing injunctions), [2014] EWHC 2046 (Ch) (trial) and [2015] EWCA Civ 631; BAT v Windward [2014] 2 All ER (Comm) 757; interest rate swaps and PPI litigation; IBC v MAR [2010] 1 All ER (Comm) 112; ICB v Akingbola; various cases in Cayman Islands, Hong Kong and Trinidad and Tobago.
Barrister specialising in commercial litigation and arbitration, including aviation, banking and finance, business crime, civil fraud, insurance and reinsurance, international arbitration and professional negligence and regulation.
Recent and current cases: FCA Business Interruption Insurance Test Case (SC) [2021] A.C. 649; PJSC National Bank Trust v Mints [2022] 1 W.L.R. 3099 (issue estoppel and arbitral awards); PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm) (sanctions); Group Seven Ltd v Notable Services LLP [2020] 3 W.L.R. 1011 (CA) (dishonesty, vicarious liability and civil fraud); CDE v NOP [2022] 4 W.L.R. 6 (privacy and international arbitration); Intesa Sanpaolo SpA, Dexia Crediop Spa v Comune di Venezia [2023] Bus LR 384 (Italian local authority swaps dispute); Al Sadeq, Quzmar v Dechert LLP & Ors (UAE law; privilege).
Barrister specialising in heavy commercial litigation in this jurisdiction and overseas. Lead counsel in a number of major, long and complex cases – many of them involving civil fraud/conspiracy. Hard-fought cases usually with an international element and heavy interlocutory at all court levels in England and the Caribbean. Some recent current and significant cases include:
Karachi Electric Power shareholders dispute 2023 – several ongoing actions and appeal in Cayman and London.
CSLN v Various investment funds 2022/23 – Lead Counsel for CSLN (acting by receivers) in contested just and equitable winding up petitions in Cayman and the BVI bv which CSLN sought winding up orders and recovery of $500m invested in 4 investments funds structured and promoted by Floreat bank. Trial Cayman 6 weeks in April and May 2023 against Floreat management shareholders – successful. 3 Cayman Funds wound up. Appearances also in BVI action at first instance and on appeal to the ECCA. Continuing in both jurisdictions and before the PC.
Renova Industries Limited & Ors v Emmerson International Corporation & Ors: BVI Commercial Court November 2019 (part-heard) and separately February 2020, acting for several defendants in a $1 billion+, long-running fraud claim by Russian energy sector interests. One of the largest cases currently litigating in the BVI -jurisdiction, freezing order and LPP issues.
Zhao Long and Kunlun New Century v Endushantum Investments Company Limited 2021 trial BVI Commercial Court Judgment 20 July 2021 acting for Lunan Pharmaceutical Group in very substantial share ownership dispute under BVI and PRC law. February 2022 further hearings. Now pending in the ECCA February 2023
Motorola Solutions Inc v Hytera Communications Corporation Ltd.: English Commercial Court Jacobs J – April 2020 – acting for Defendants resisting Sec 25 freezing order, worldwide information order and Chabra applications from Motorola in support of $750 million US https://www.bailii.org/ew/cases/EWHC/Comm/2020/980.pdf. Further hearings November 2022.
Robert Tchenguiz & others v Grant Thornton & others October 2018: Commercial Court 12-week trial– very large claim for damages for conspiracy to injure by unlawful means including deceit and malicious prosecution. https://www.thetimes.co.uk/article/tchenguiz-in-conspiracy-court-battle-gbldmwgkp (One of The Lawyer Top 20 cases 2018). Instructed by Debevoise & Plimpton.
Premier Motorauctions Limited and Lloyds Bank PLC and PwC May 2018: Chancery Division for trial April 2018 (8-weeks) Snowden J – Stephen acted for Lloyds Bank defending a £40m + claim for conspiracy to defraud and breach of contract – (“Lloyds bulks up legal advisers for clash with Premier Motorauctions” https://www.thelawyer.com/lloyds-brings-additional-qc-pre-trial-clash-premier-motorauctions/ andhttps://www.thelawyer.com/premier-motorauctions-drops-claims/ (One of The Lawyer Top 20 cases 2018).
VTB v Katunin and another: BVIHCMAP2015/0007] leading case before the East Caribbean Court of Appeal from BVI relating to large bank lending and alleged fraud. Stephen successfully appealed Bannister J and obtained a landmark ruling overturning decision that K had submitted to the jurisdiction.
Rogalskiy v JSC MCC Eurochem 2017 [BVIHCMAP 2017/0007] leading BVI case successfully challenging the power of the Commercial Court to order cross-examination of a defendant on his affidavit of assets provided pursuant to a Worldwide Freezing Order;
VTB Capital Plc -v- Nutritek International Corp & Ors [2013] 2 A.C. 337 SC: appeared for Russian entrepreneur, Mr Konstantin Malofeev at first instance and in the UK Supreme Court in successfully challenging the jurisdiction of the English courts to hear a $350 million claim and in discharging a $200 million worldwide freezing order.
Stephen Moriarty has a very broad commercial litigation and advisory practice, with a particular emphasis on banking and financial services, professional negligence disputes, insurance and reinsurance disputes, aviation cases, and international commercial arbitration. . The international nature of his practice frequently involves him dealing with issues of foreign law, which have included, over the years, French, Italian, Greek, Mexican, US, Indian, Indonesian, Egyptian, Chinese, Polish and Iranian law.
Prominent work includes acting for the successful appellants in the Supreme Court cases of Angove’s v Bailey [2016] 1 WLR 3179 (concerned with the termination of agency, and constructive trusts) and The Commissioners for Her Majesty’s Revenue and Customs v Investment Trust Companies (In Liquidation) [2017] 2 WLR 1200 (a leading case in the law of restitution concerned with the circumstances which an unjust enrichment claim can be asserted against an indirect recipient); and appearing in a nine day hearing before the Court of Appeal in the UBS v Kommunale Wasserwerke Leipzig GMBH proceedings (concerned with the enforceability of a series of single tranche collateralized debt obligations).
As well as acting as counsel in many international commercial arbitrations, he also sits as an arbitrator.
Barrister (King’s Counsel) specialising in commercial litigation, civil fraud, company, employment (directors and senior executives), LLP and partnership and arbitration.
Frequently instructed in major domestic and cross-border commercial fraud disputes, drawing on experience in commercial and company law as well private international law. Experienced leading big teams of Counsel and working collaboratively with a range of professionals in multi-disciplinary litigation. Has acted as leader in the Supreme Court and Privy Council. Also has substantial experience advising companies, directors, senior executives and LLPs and LLP members on boardroom and key personnel disputes.
Barrister practising in civil and commercial law, including art & cultural property, aviation, banking & finance, civil fraud, commercial dispute resolution, financial crime, international arbitration and professional negligence. Particular expertise in the law of privilege, including in the context of regulatory and criminal investigations.
Main areas of practice: administrative and public law, banking and finance, commercial arbitration and litigation, financial services regulation, professional regulation, public procurement.
Notable cases include: Athena Capital Fund SICAV-FIS SCA v Secretary of State for the Holy See [2022] EWCA Civ 1051; PJSC National Bank Trust v Mins [2022] 1 WLR 3099; PJSC “Bank Finance and Credit” v Zhevago [2021] EWHC 2522 (Ch); PJSC National Bank Trust v Mints [2020] EWHC 3253 (Comm); 2019 Rail Franchising Litigation [2020] EWHC 1568 TCC, 11502/2016 Solicitors Regulation Authority v Day, Malik, Crowther, Leigh Day; R (Lumsdon) v Legal Services Board [2015] 3 WLR 121, [2015] EWCA Civ 421, [2014] HRLR 29, [2014] EWHC 28, [2013] EWHC 3289; Barnett v SRA [2016] EWHC 1160, SRA v Barnett and Swift (Case No. 112492014); SRA v Hale (Case No 114762016); Erdenet v Government of Kazakhstan [2016] EWHC 299; JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2014] EWHC 4336 (Ch), R. (on the application of OJSC Rosneft Oil Co) v HM Treasury 2014] EWHC 4002 (Admin) and a number of ICC and LCIA arbitrations.
A leading silk at the London Bar, specialising in commercial litigation, public, administrative, professional, and regulatory law in all courts and tribunals at both domestic and international levels. Accepts appointments as arbitrator and to chair inquiries.
Recent cases include: In 2019-2020 leading for the FRC in the case against Deloitte arising out of their audits of Autonomy Plc (for which Deloitte were fined £15m), Aero Inventory Plc (2016), and their financial advice on MG Rover “The Phoenix Four” (2013-2014), for the Defendant in GEHC v Gray (Chancery Div and Court of Appeal), and for various City firms and partners in high profile SRA investigations. Led for Impact Funding Solutions v AIG in the Court of Appeal and Supreme Court [2015/0050] (extent of prof indemnity cover), Leading teams for the SRA in the cases arising out of the Iraq War and Al Sweady Inquiry (SRA v Shiner, Leigh-Day and others), and in SRA v Spector [2016] All ER(D) 98 (open justice principles), Schubert Murphy (CA duty of care. Led for the SRA in a series of cases arising out of £100m losses from the Axiom Fund. Commercial Court Enterprise Insurance v Leeds United FC (2016-) (sponsorship and loan agreements). Boreh v Republic of Djibouti and Gibson Dunn (2015 Commercial Court), Impact Funding Solutions v Barrington Support Services and AIG (2013) EWHC 4005, 2015 EWCA Civ 31 Professional Indemnity Insurance Cover), R (Lumsdon and others) v LSB, BSB (QASA Scheme litigation 2014 EWHC 28(Admin), EWCA Civ 1276 and UKSC 2014/2072), Hemming v Westminster City Council UKSC 2013/0146 Jan 2015 hearing acting for numerous regulators), Coventry v Lawrence (UKSC 2012/0076 Feb 2015 hearing: pre Jackson legislation and compliance with HR Act 1998), Law Society v Shah 2014 EWHC 4382 (Ch), jurisdiction to grant injunction to uphold the law), In re Law Society/SRA 2015 EWHC 166 (Ch), doc destruction and statutory trusts), Sutherland Professional Funding v Bakewells (2013 EWHC 2685), FRC v Deloitte and Einollahi (MG Rover 2013, 2014 Admin Court, 2015 Appeal acting for the FRC), London Underground v Freshfields and Herbert Smith (2013 Commercial Court £142m claim, lead counsel for Herbert Smith) SRA v Brett (2014 EWHC 2974 (Admin) lawyer’s duties/e-mail hacking), Shaw and Turnbull v Logue (2014 EWHC 5 (Admin), R (Nicklinson and M) v DPP, SRA and GMC (2012 EWHC 2381 Admin, Right to Die), JSC ABT Bank v Ablyazov and Addleshaw Goddard (2012 EWHC 1242 (Comm), Privilege), Rusal v HSBC, Citibank, Debevoise and Plimpton [2011] EWHC 404 (led the defence for Debevoise of Rusal’s Norwich Pharmacal claims), Lead counsel for the SRA in the High Yield Investment, Miners Compensation Scheme, and phone hacking cases involving solicitors. Lead counsel for the FSA in Boiler Room cases of Fox-Hayes and Atlantic Law/Greystoke, Acted as expert in New York Supreme Court proceedings – Casa De Meadows, Prince Jeffri and others [2010], and in Chevron Corporation v Salazar and Donziger 2011, (enforceability of US$15bn judgment); Quinn Direct Insurance v The Law Society [2010] EWCA Civ 805 (Insurance cover and statutory powers); conducted the Inquiry into the World Class Payments Bureau for Sport England in 2009.
Specialising in commercial litigation and arbitration (domestic and international) with particular expertise in: banking and financial services, energy and natural resources, oil and gas, international cross-border disputes, insurance and reinsurance, corporate mergers, acquisitions and disposals, joint ventures, telecoms, professional negligence and civil fraud & asset recovery.
Recent cases include: LIBOR/EURIBOR litigation against global investment banks, Lehman Brothers Administration; Madoff fraud proceedings; Icelandic banking crisis; UK Bank Charges litigation; Box Clever securitisation; 9/11 WTC & Hurricane Katrina reinsurance claims; litigation relating to Enron, Parmalat, Polly Peck, UK pension mis-selling.
Clients include major global investment and clearing banks, leading hedge funds and investment managers, insurance/reinsurance companies and Lloyd’s syndicates, leading FTSE 100 companies and international corporations. Professional clients include leading international law and accountancy firms.
Zal Andhyarujina SA is a prominent Senior Advocate at the Indian Bar, based in Mumbai. He has a large and diverse commercial practice with a focus on cross border disputes. He has appeared in many important commercial disputes. Zal’s areas of expertise include international arbitration, banking, financial services, commercial law, company law, enforcement of foreign awards and decrees and restructuring and insolvency.
He practices in the Bombay High Court, The Supreme Court of India and various tribunals including the Securities Appellate Tribunal (SAT), the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT).