3 Verulam Buildings WC1R 5NT DX: LDE 331 Gray’s Inn, London. Telephone: +44(0)20 7831 8441 Barristers regulated by the Bar Standards Board
Peter de Verneuil Smith QC
Email Address: [email protected]
Year Of Call: 1998
Year Of Silk: 2019
LinkedIn: https://uk.linkedin.com/in/peter-de-verneuil-smith-qc-3b9926155
Peter de Verneuil Smith was appointed a silk in 2019 and is well known for his advocacy and excellent client skills. He specialises in complex commercial matters, banking and financial services (in particular securities litigation), commercial fraud, international arbitration, company & partnership disputes, professional negligence, private international & offshore, and insurance and reinsurance. He has extensive experience of group litigation orders (both claimant and defendant side).
He is ranked as a leading junior in five practice areas by Chambers and Partners (Banking and Finance, Commercial Dispute Resolution, Civil Fraud, Chancery Commercial and Offshore), in three in Chambers Global (Dispute Resolution: Commercial UK, Dispute Resolution: Commercial Chancery UK and Offshore UK), in seven by Legal 500 (Banking and Finance, Commercial Litigation, Civil Fraud, International Arbitration, Insurance/Reinsurance, Offshore, and Professional Negligence) and two in Who’s Who Legal (Civil Fraud and Professional Negligence). He is adept in finding innovative litigation and arbitration solutions that achieve effective commercial outcomes. Client comments in directories include “we like him because he’s very clear on the law and extremely pragmatic. He drives cases rather than just letting them drift on” and “he has a keen, almost prophetic understanding of which legal arguments a judge will find persuasive”.
Peter’s advocacy, in trial and interlocutory matters, is highly regarded and directory comments include “On his feet he is just extraordinary; he takes people apart in court. He has phenomenal, charismatic style that judges like and his analysis is absolutely spot on” and “He has the ability to surgically dismantle even an opponent’s best points”.
Peter was lead counsel in the MLB claim against Tesco recognised by The Lawyer as one of the Top 20 Cases of 2020. He was part of the 3VB team which represented the Signature Group in RBS Rights Issue litigation which settled the day before trial in 2017 (one of The Lawyer’s Top 20 Cases of 2017).
Peter was a runner-up for commercial litigation junior of the year for 2019 by Legal 500.
Peter is a supporter of the Women in Law Pledge.
Directory Quotes
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‘A hardworking barrister who grasps complex issues and facts really quickly.’
Legal 500 UK 2015
“He has a keen, almost prophetic understanding of which legal arguments a judge will find persuasive”
Chambers & Partners UK 2014
Expertise
Arbitration
General: private law and commercial disputes, contractual construction and project dispute issues such as; force majeure, enforceability of liquidated damages, recoverability of consequential losses, misrepresentation, bias/duty to act fairly of a contract administrator/arbitrators, delay and disruption, extensions of time clauses, time at large and challenge to expert determination. Very experienced with interim remedies and relief in the context of on-going arbitration proceedings and enforcement/resistance of arbitration awards.
Construction/Property: $10M African concrete plant dispute concerning definition of“material default” and notice clauses (ICC, London seat), $100M Ukrainian property fund dispute (LCIA, London seat and Jersey Law), €10M Greek construction project dispute involving construction of notice of default clause, share sale valuation and waiver (UNCITRAL, London seat and English law), $223M guarantee dispute concerning Russian property investments (LCIA, London seat and English law), $10M back to back subcontract concerning the construction of a sulphur extraction plant in Abu Dhabi (ICC- Sharia law), acted for the employer in a £30M claim regarding a major dual carriageway construction (1996 Arbitration Act- English law).
Oil & Gas: lead counsel in a €125M dispute regarding a guarantee of purchases of high sulphur vacuum gasoil (LCIA, London seat & English law).
Energy: $1.3bn dispute concerning credit support obligations and the principle ofrebus sic stantibus in respect of a thermoelectric power plant in Rio de Janeiro (UNCITRAL and AAA, London seat and Brazilian law); $200M dispute regarding the fairness of the employer's representative's award of an extension of time in a turnkey thermoelectric power plant located in the Philippines (ICC- English law).
Mining: lead counsel in a $250m dispute concerning gold mining prospecting licences in Tanzania (expert determination- Tanzanian law).
Telecoms: sole counsel in a $20m dispute over a master leasing agreement regarding the use of telecommunications equipment on telecom towers in Tanzania (LCIA- English law); $200m shareholders dispute regarding ownership of a mobile phone mast company servicing India (ad hoc- English law).
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Digital advertising: lead counsel in a $10m dispute regarding a dispute over breach of restrictive covenants concerning a major digital advertising business (LCIA- English law).
Qualified arbitrator (FCIArb).
"A very clever and very good advocate." Legal 500 2019
“Cuts everything down to their essentials and sees a common sense, pragmatic way through.” Legal 500 2018
“Tough and knowledgeable with sound judgment.” Legal 500 2017
Banking & Finance
S.90A FSMA: currently acting as lead counsel for Morgan Lewis in a claim against Tesco seeking damages of £300M in respect of the incorrect financial statements made to the market regarding commercial income and profit forecasts.
S.90 FSMA: represented the Signature Litigation claimants in the claim against RBS concerning the 2008 rights issue which settled the day before a 12 week trial commenced in 2017.
Mis-selling: interest rate swaps (£15M structured collar mis-selling) and CDO mis-selling claims (€40M CDO claim), negligent categorization of intermediate customer under FSMA.
Investment Schemes: closed and open ended investment schemes (calculation of NAV and discretion to refuse redemptions), claims against investment managers (breach of investment criteria and un- suitability of products) including a $2M claim negligent investment into a Madoff feeder fun.
Mortgages: charges, power of sale and enforcement. $360M syndicated loan dispute concerning ship finance and the meaning of "payment due date".
Guarantees: enforcement and defence of guarantee claims ($50M ship financing/guarantee, £5M export guarantee dispute, £2.7M interest guarantee dispute, and provision of expert banking evidence to a Ukrainian Court). Defences of illegality, frustration, undue influence, misrepresentation and consumer based defences.
ISDA master agreements: termination payments and meaning of "due date".
Money Laundering: acted for and against banks in money laundering and POCA related matters, advised British Banking Association as to the interpretation and impact of Part VII of POCA 2002.
Fraud remedies: banker trust disclosure orders, tracing claims and freezing injunctions. Claims against banks for gross negligence, dishonest assistance and knowing receipt claims against banks (in England, Singapore and the Cayman Islands), negligence and fraud claims against a Bermudian credit card processor.
Performance bonds: advising on and appearing in respect of disputes as to the legality of calling upon bonds, injuncting the proceeds of bonds and setting aside injunctions.
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Third party debt orders: $20M claim against a Nigerian entity and setting aside an injunction of the calling of a $20M performance bond.
Sanctions: application of sanctions regimes to banks and bank payments (structuring £10m transfer of funds).
Judicial review: judicial review claims against HMRC, SOCA and the Financial Services Ombudsman.
Contributor to Paget's Law of Banking (4th Edition).
Chambers & Partners:
“[A] Promising new silk whose strong commercial chancery practice and expertise in fraud has gained him a burgeoning reputation in finance cases. He is adept at handling large-scale shareholder disputes, cases around securitisations (such as disputes concerning the correct construction of swap terms), and matters regarding loans and guarantees.
Strengths: "Bright, practical, technically very able and a pleasure to work with." 2020
“A super junior, who has developed a specialism in actions relating to share issues." 2019
Legal 500:
"Very punchy with his intellect and advice, he delivers a star turn.” 2020
“Stoical and robust, he delivers a star turn” 2019
“He is very diligent, very authoritative, and has the confidence level of a silk.” 2017
Who’s Who Legal:
Recommended 2020.
Civil Fraud
In depth experience of high value commercial fraud: defending an in-flight entertainment provider in respect of a $19M claim by Gulf Air (English and Bahrain law), defending a Ukrainian oligarch in respect of respect of a $300M alleged fraud concerning oil proceeds; defending a Swiss bank in respect of a €100M fraud claim based on vicarious liability, insurance/re-insurance underwriting fraud ($1bn exposure), bribery in the context of oil trading ($5M claim), £5M pension fraud, £200M mortgage fraud, asset stripping of companies to avoid enforcement of arbitration awards (freezing injunctions and disclosure order both pre and post permission to enforce arbitration awards), MTIC and carousel fraud, dishonest fiduciaries and employees (accountants, bank managers, estate agents & account managers), conspiracy to defraud and transactions defrauding creditors. Expertise in urgent remedies to protect and trace assets; freezing injunctions, search orders, bankers trust orders, Norwich Pharmacal relief (counsel in the leading decision ofNML v Chapman Freeborn Holdings) and orders for the appointment of a receiver. Very familiar with dishonest receipt and constructive trust remedies. Experienced in seeking and obtaining committal orders for breach of
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freezing injunctions.
Chambers & Partners:
“A skilled new silk whose mandate of commercial cases extends beyond the UK to such jurisdictions as Switzerland and the UAE. He acts for both claimants and defendants, and is noted for his expertise in disputes arising from insurance underwriting frauds and transactions defrauding creditors.
Strengths: "Absolutely outstanding and certainly a name to watch for the future." "He is punchy, articulate, no-nonsense and commercial in his approach." "A real fighter and a very good advocate." 2020
"He presents cases robustly and has good judgement." "Very approachable, extremely bright and articulate." And "Brilliant with detailed areas of law." 2019
"An excellent fraud junior” and “very approachable, bright and articulate.” 2018
“The most responsive junior counsel I’ve ever worked with…he’s a very impressive character.” 2017
Legal 500:
"Very well regarded for his fraud expertise.” 2020
“Tactically very astute, with a nice crisp style” 2019
“A very good fraud junior.” 2017
Who’s Who Legal:
Recommended 2019.
Commercial Dispute Resolution
Complex contractual disputes including international sale of goods and services ($248M dispute concerning export of combustion turbine generator units), exclusive distribution agreements (formula 1 racing, building cradle units and DRUPS), sole distribution agreements ($50M dispute involving the Middle East Aston Martin network and $10M distribution agreement dispute relating to Brazilian bus fare validators), software licencing disputes, transportation contracts (£5M white goods dispute), enforceability of exclusion clauses/liquidated damages clauses, conflicts of laws (in particular the Brussels Regulation), anti-suit injunctions, Commercial Agents (Council Directive) Regulations 1993, mistaken payments and restitutionary remedies (including bank payments made in error and £1.2M claim for overcharging of building works). Shipbuilding contracts ($30m defective welding and third party settlements), $58M claim arising from repudiatory breach of charterparty and recovery in Korean restructuring (including application of the Cross Border insolvency Regulations 2006). Oil and gas disputes (off-take agreements, drilling errors, calculation of AQ values, and liquidated damages). Economic duress (£2M claim including tort of intimidation), frustration of contracts due to illegality (money laundering and EU sanctions context). Experience in
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drafting international supply contracts (£10M sale of uninterruptible power supply engines). Expert in interlocutory applications: pre-action disclosure, third party disclosure, third party debt orders, security for costs applications (including in the Cayman Islands) and injunctive relief (including anti- suit injunctions).
Chambers & Partners:
"Every inch a silk in terms of his ability, delivery and overall product, he's tough but fair and has a very measured style." And "A good, methodical advocate who knows his stuff, he has a very good name in the market." 2020
"Authoritative and utterly unafraid, both in court and with his clients. He doesn't sugar-coat advice, and fights as hard as anyone for his clients." "He's very intelligent, hard-working and a good team player." 2019
“He brings great commercial know-how, is very persuasive and is not easily fazed” and “a very good member of the team who works very hard and has a very strong intellect.” 2018
“Provides prompt and well-reasoned advice." 2017
Legal 500:
"An incredible barrister.” 2020
“A phenomenal advocate who adds legal finesse to a commercial strategy” 2019
“On the ball, very focused and tactical” 2018
“A go-to junior for finance and complex multi-jurisdictional commercial litigation.” 2017
Company & Partnership
Company litigation: derivative actions for breach of fiduciary duty by directors ($800M claim concerning property rights to rare earth minerals and s263 CA 2006), unfair prejudice/derivative claims in Guernsey ($1bn CDO Master fund claim - the first decision under the (Guernsey) Companies Law 2008, Rule 3.01 of the Authorised Closed Ended Investment Scheme Rules 2008, and s34 of the Protection of Investors (Bailiwick of Guernsey) Law 1987), unfair prejudice claims in Jersey ($100M dispute regarding the management of a property investment fund with Ukrainian assets), and in unfair prejudice/derivative actions in Singapore (s 216 Companies Ac involving misappropriation of maturing corporate opportunities). Experienced in injunctions preventing the expenditure of company funds on litigation, share sale agreements (€15M dispute over the scope of Trade Debt, Inter-Company Trading Debt and calculation of closing statements, $200M dispute concerning Indian mobile phone tower providers, disputes over payment clauses and completion accounts), breach of warranty claims (£250M dispute as to Earn Out Payment for breach of warranties regarding continuation of the ordinary course of business), breach of shareholder agreements, joint venture disputes (£20M property investment), share transfers, schemes of arrangement, winding up, breach of confidence, breach of fiduciary duty, spring board injunctions and restraint of trade.
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Partnership disputes: breach of fiduciary duties, holding out, valuation of goodwill and winding up accounts.
Limited partnership disputes (£100M dispute as to scope of a limited partner's right to obtain books and records under the Limited Partnership Act 1903).
Chambers & Partners (Chancery Commercial):
“A new silk with a commercial chancery practice that includes banking, fraud and professional negligence claims. He also has a respected offshore string to his bow and particular strengths in securities litigation.
Strengths: "He's very practical, very hands on and very easy to work with." "He's good at making difficult decisions." 2020
"Reliable and very versatile, he is adept at civil fraud and banking disputes." "Very straight as an opponent, he is a person of integrity and extremely clear in his submissions." 2019
“A very tenacious lawyer who has great commercial know-how and is very persuasive and not easily fazed.” 2018
“No matter when you need him he is always available, and he produces good quality work quickly. He’s very intelligent and comes up with creative solutions but it’s his responsiveness which really stands out” and “Extremely dedicated and fully on top of all the materials in a case.” 2017
Insurance & Reinsurance
Policy construction, avoidance/repudiation due to non-disclosure, misrepresentation, duty of utmost good faith, breach of warranties, discharge through frustration, and financial guarantees. $15M dispute as to the scope of the Convention on Civil Liability for Bunker Oil Pollution Damage (2001) and whether sanctions led to the frustration of P&I cover for pollution. Particular experience of disputes over credit risk insurance ($1bn exposure), reinsurance brokerage, issues of holding out between London placing brokers and Chilean producing brokers, brokers' negligence, fire claims (for and against insurers), subrogation claims (third party settlements which are not bona fide in the interests of the insurer) and contribution proceedings against co-insurers. The extent of fiduciary duties owed by claims handlers to insurers (including the duty to validate, equitable accounts and the duty to provide records concerning claims).Litigation concerning insurance fraud (by brokers, underwriters and insurers) and judicial review of the Financial Services Ombudsman.
Legal 500:
“A new silk that is going places.” 2020
“He is very experienced.” 2019
“A renowned advocate and very user-friendly.” 2018
“A strategic thinker with a fine mind." 2017
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Private International Law/Offshore
General: detailed knowledge of forum and substantive law disputes, challenges to English jurisdiction, forum conveniens stays (including unfair trial in Ukraine in a $1bn dispute regarding ownership of an iron ore company), exclusive jurisdiction clauses (anti-suit injunctions in support), Brussels Regulations issues: Article 22(2) (validity of corporate organ decisions) and (3) (validity of public registers regarding Ukrainian mining corporation), Article 6(3) (third party and contribution proceedings in respect of Part 20 defendants in respect of a $100M claim), Articles 27 and 28 (related actions in The Netherlands, Ukraine, Italy). Disputes over applicable law (Rome Convention, Article 6(3) of the Brussels Regulation and the applicable law of trusts).
Interim measures: freezing injunctions in support of foreign proceedings (S 25 of the Civil Jurisdiction and Judgments Act 1982).
Service out of the jurisdiction, setting aside service out of the jurisdiction, setting aside registration of court approved settlements and foreign judgments (Articles 33-37 of the Brussels Regulation), applications to stay proceedings and applying for/resisting enforcement of arbitration awards.
Commercial Agents expertise: (Council Directive) Regulations 1993 and mandatory rules of community law overruling arbitration awards.
Guernsey expertise: extensive experience of litigation proceedings in Guernsey (closed ended investment disputes, company law proceedings, injunctive relief, and partnership disputes).
Assistant editor "European Civil Practice" 2nd Edition.
Co-author of "Reflections on Owusu: The Radical Decision in Ferrexpo" [2012] JPIL vol 8 no 2 389.
Chambers & Partners:
“New silk with a reputation for handling significant banking, fraud and trust matters, as well as schemes of arrangement cases. He is especially active in Guernsey and the BVI.
Strengths: "Fantastic on his feet and very good in a crisis." 2020
"A reliable and very versatile performer" who is "a really superb speaker." 2019
“He is extremely bright and very strategic in his approach.” 2018
Legal 500:
“Very tactical, he grasps the issues early on.” 2020
“Razor sharp and easy to work with.” 2019
Professional Negligence
Banks: gross negligence claims in the context of fraud and credit card processing.
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Fund Managers: negligence and breach of mandate in respect of investments in Madoff controlled hedge funds (issues of time bar, existence of fiduciary duties, market knowledge regarding Madoff).
Trustees: negligence in respect of equalisation of normal retirement ages post Barber and strike out for limitation bar.
Insurance brokers: claims concerning failure to advise as to reasonable precautions, to disclose convictions and to obtain appropriate cover.
Independent financial advisers: issues of due diligence and suitability and breach of COB rules in the offering of IPO and pre-IPO share investments.
Accountants: acted for and against accountants in cases involving share valuation, partnership goodwill valuation, and correct treatment of VAT reclaims subject to extended verification.
Valuers: multiple valuer negligence claims in respect of residential mortgages and significant commercial property claims (€60M negligent valuation in respect of securitised commercial property in Germany).
Solicitors: conveyancing related negligence (failure to complete before releasing monies), and failure to identify fraudulent borrowers.
Auditors: claims concerning failure to identify fraud within group of companies and failure to identify fraudulent trading.
Construction professionals: claims against architects regarding improper certification, EOT, against contractors regarding defective piling and roofing, surveyors in respect of overvaluation also claims against estate agents.
Legal 500:
“He is noted for professional negligence cases involving financial services.” 2020
“He is very experienced.” 2019
“A robust advocate.” 2018
Who’s Who Legal:
Recommended 2019.
“Recognised for his strong practice.” 2017
Notable Cases
SL Claimants v Tesco Plc [2019] EWHC 3312 (Ch) lead counsel for the MLB Group in the successful dismissal of an application by Tesco to withdraw an admission made in the Defence that the words “in the region of £1.1bn” were false or misleading (instructed by Morgan Lewis Bockius LLP).
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SL Claimants v Tesco Plc [2019] EWHC 2858 (Ch) lead counsel for the MLB Group in the successful defence of a strike out of a s.90A FSMA claim based on arguments as to the meaning of “any interest in securities” and “acquisition” of securities. This is the now the leading decision as to who may satisfy the cause of action under s.90A FSMA and have significant ramifications for the UK intermediated securities market (instructed by Morgan Lewis Bockius LLP).
Medenta Finance Ltd v Hitachi Capital (UK) Plc [2019] EWHC 516 (Comm) lead counsel in a trial as to construction of restrictive covenants in financial products agency agreement in which an implied term and rectification were argued (instructed by Pinsent Masons LLP).
Manning & Napier Fund Inc v Tesco Plc [2019] EWHC 109 (Ch) lead counsel in the successful application to obtain disclosure of documents, obtained by the SFO as a part of its investigations and powers under s.2 of the Criminal Justice Act 1987, provided to Tesco by the SFO as a part of the DPA (instructed by Morgan Lewis Bockius LLP).
Sixteenth Ocean GMBH & Co KG v Societe Generale [2018] EWHC 1731 (Comm) sole counsel for the borrower in an US$8 million unjust enrichment claim against the bank which concerned when a bank is enriched if sanctions apply to the receipt of monies and limitation defences based on when a payment is received by a swap counterparty when its acts as the agent as well as swap bank (instructed by Holman Fenwick & Willan).
Manning & Napier Fund Inc & Ors v Tesco Plc[2017] EWCH 2203 (Ch) lead counsel for the investment funds in this decision which declined to approve a group litigation order for the claims brought against Tesco regarding accounting mis-statements (instructed by Morgan Lewis and Bockius LLP).
RBS Rights Issue Group Litigation [2015 -2017] acting as a senior junior counsel led by Jonathan Nash QC for the Signature Group in the £500 million claim against RBS which alleged that false and misleading statements and omissions were made in the 2008 prospectus (instructed by Signature Litigation). The interlocutory decisions included as to whether privilege applied to interview notes [2016] EWHC 3161 (Ch) whether expert evidence was appropriate in a s.90 FSMA Claim[2015] EWHC 3433 (Ch) the disclosure of the identify of funders [2017] EWHC 463 (Ch) and security for costs against funders [2017] EWHC 1217 (Ch).
Group Seven Ltd v Nasir [2016] EWHC 620 (Ch) sole counsel for the Swiss bank in a leading costs management decision (instructed by Pinsent Masons LLP).
Tatneft v Bogolyubov [2016] EWHC 2816 (Comm) assisted in the preparation of setting aside a $380M freezing injunction and summary judgment (did not appear at hearing).
Capita ATL Pension Trustees Ltd v Sedgwick Financial Services Ltd [2016] EWHC 214 (Ch) lead counsel in a successful summary judgment application of a £10 million pension claim against a pensions administrator (instructed by Maurice Turnor Gardner LLP).
Titan Europe 2006-3 plc v Colliers International UK Plc(in liquidation) [2016] PNLR 7 & [2015] EWCA Civ 1083 junior counsel led by Christopher Symons QC at first instance and in the Court of Appeal in the land mark decision as to whether a CMBS issuer can recover damages on against a valuer (instructed by Rosling King LLP).
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IOT Engineering Projects Ltd v Dangote Fertilizer Ltd [2014] EWCA Civ 1348 junior counsel led by Stephen Dennison QC for the respondent in successfully setting aside the injunction in the Court of Appeal of a US$20 million performance guarantee and a freezing injunction against a Nigerian construction company (instructed by Pinsent Masons LLP).
Seton House Group Ltd v Mercer Ltd [2014] EWHC 4234 (Ch) sole counsel for the successful pensions administrator in a summary judgment against a £5 million claim (instructed by Maurice Turnor Gardner LLP).
DVB Bank SE v Shere Shipping Co Ltd & Ors [2013] EWHC 2321 (Ch) sole counsel for the defendant borrowers/guarantors in decision concerning the enforcement of $50 million loans/guarantees and involving issues of illegality under EU sanctions (Regulation 267/2012), suspension of loan agreements, the scope of EU derogation, subrogation and the Law Reform (Frustrated Contracts) Act 1943 (instructed by Holman Fenwick Willan LLP).
NML Capital Ltd v Chapman Freeborn Holdings Ltd & Ors [2013] EWCA Civ 589 sole counsel at first instance and in the Court of Appeal in the successful defence of a Norwich Pharmacal application which considered and clarified the jurisdictional limits of such applications (instructed by Taylor Wessing LLP).
Jackson v Dear (Guernsey Court Judgment 10/2013) support counsel acting for the independent directors in the successful strike out of a $500 million double derivative action in the leading Guernsey decision deciding the application rule in Foss v Harbottle under the Companies (Guernsey) Law 2008 (instructed by Carey Olsen).
Blemain Finance Ltd v Esurv Limited [2012] EWHC 3654 (TCC) sole counsel for the lender in the first reported decisions (see linked decision of Webb Resolutions Ltd v Esurv Limited [2012] EWHC 3653 which have considered the prudence of mortgage and second charge lending pre-credit crunch in mid-2007 including issues such as LTV ratios, high credit defaults and CCJS, and incompleted/inaccurate application forms (instructed by Rosling King LLP).
Elektromotive Group Ltd v Christopher Pan [2012] EWHC 2742 (QB) sole counsel for the fraud victim in a heavy application to set aside a freezing injunction on the grounds of material non- disclosure, misrepresentation and absence of merits (instructed by Clyde & Co LLP).
Salkeld Investments Ltd v West One Loans Ltd [2012] EWHC 2701 (QB) sole counsel for the bridging lender in a summary judgment application involving scope of agency, incorporation of terms and construction of absolute warranties in a professional retainer (instructed by CKFT).
Inversiones Friera SL v Colyzeo Investors ll LP [2012] EWHC (Ch) 1450 (Ch) sole counsel for the limited partner in respect of an application for inspection and copying of the books and records of the limited partnership, issues as to the scope of section 6(1) of the Limited Partner Act 1907 and the partnership deed (instructed by SCAndrew LLP).
Ferrexpo AG v Gilson Investments Limited & Ors [2012] EWHC 721 (Comm) junior counsel led by Ali Malek QC for the defendants in a leading decision as to the scope of Owusu v Jackson and the ability of an English court to say proceeding in favour of a non-Member state (instructed by Skadden, Arps, Slate, Meagher & Flom (UK) LLP).
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Stratford Coin & Bullion Inc v Youssry Henien & Ors [2011] EWHC 2552 (Comm) sole counsel for claimant in respect of successful summary judgment in respect of misallocation of funds by banking fiduciaries (instructed by Ince & Co LLP).
John Youngs Insurance Services Ltd v Aviva Insurance Services UK Ltd [2011] EWHC 1515 (TCC) sole counsel in a preliminary issues hearing concerning the scope of a claims handler's fiduciary duties including the duty to account and whether a full and final settlement excluded claims for breach of fiduciary duty (instructed by Berrymans Lace Mawer LLP).
Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd & HM Treasury [2010] EWHC 2661 (Comm) - junior counsel led by Christopher Butcher QC in a claim concerning whether the designation of IRISL under the Financial Restrictions (Iran) Order 2009 frustrated or otherwise discharged cover required by the International Convention on Civil Liability for Bunker Oil Pollution (2001) in respect of subsequent $15m casualty (instructed by Holman Fenwick Willan LLP).
DRL Limited v Wincanton Group Ltd [2011] EWCA Civ 839 sole counsel in a two week trial and subsequent Court of Appeal hearing concerning a £5m commodities dispute concerning the incorporation and application of RHA Conditions, UKWA Conditions, estoppel by convention and rectification (instructed by Clyde & Co LLP).
Shell International Trading & Shipping Co Ltd & Ors v Evgeny Tikhonov & Ors [2010] EWHC 1399 (QB) sole counsel in a successful two weeks trial concerning a $3m bribery and breach of fiduciary duty claim against an oil trader involving issues of the applicable law of employment contracts in Russia, tracing through international funds and sham corporate entities (instructed by Clifford Chance LLP).
ABC & Ors v CDE & Ors [2010] EWCA Civ 533 sole counsel in a successful appeal of a suspension of a custodial sentence imposed for contempt of a freezing injunction (instructed by Clifford Chance LLP).
Bank Mellat v HM Treasury [2010] EWCA Civ 483 junior counsel led by Andrew Fletcher QC for the intervening party in an appeal to determine the disclosure rights of designated person under the Financial Restrictions (Iran) Order 2009 made pursuant to the Counter-Terrorism Act 2008 Sch. 7 (instructed by Holman Fenwick Willan LLP).
Dunfermline Building Society v AIG Global Real Estate Investment Corp (2010 QBD) junior counsel led by Stephen Phillips QC in a two weeks trial of an interest guarantee claim of £2.7m with issues concerning the meaning of capitalized interest, the calculation of default interest and the enforceability of a perpetual guarantee (instructed by Dundas & Wilson).
Cummins Power Generation Ltd v. Cummins Sales & Service (Pakistan) Ltd (2009-10) (Comm. Crt) junior counsel led by Paul Lowenstein QC in an anti-suit injunction against Pakistani distributor of power equipment (IBB Law).
Iesini & Ors v Westrip Holdings Ltd & Ors [2009] EWHC 2526 (2009 Ch) sole counsel in a five days permission hearing of a $800m derivate action against directors for alleged conspiracy assets striping of rare earth mineral licences; this is currently a leading decision in respect of s 263 of the
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Companies Act 2008 (instructed by SC Andrew LLP).
Accentuate v Asigra [2009] EWHC 2655 (2009 QBD) sole counsel for a software manufacturer in an appeal concerning the application of regulation 17 of the Commercial Agents (Council Directive) Regulations 1993, whether the English Court had jurisdiction notwithstanding a binding arbitration decision and whether a stay should be ordered pursuant to section 9 of the Arbitration Act 1996 (instructed by Clyde & Co LLP).
Middle East Aston Martin FZCO v Aston Martin Lagonda Limited (2008 Comm. Crt) junior counsel led by Michael Black QC in a US$50m claim for breach of a distribution agreement in Dubai and parallel proceedings in London seeking a mandatory injunction to continue to supply vehicles pending the outcome of an arbitration pursuant to section 44(3) of the 1996 Arbitration Act and s 25 of the Civil Jurisdiction and Judgments Act 1982 (instructed by Fichte & Co Dubai).
TCB Creditor Recoveries Ltd v Arthur Anderson LLP(Grand Court of the Cayman Islands 2008) junior counsel in a $800m auditor's negligence claim against Arthur Anderson (instructed by Simmons Cooper Andrew LLP) GFI v HSBC Bank Cayman Ltd (2008 Grand Court of the Cayman Islands) $10m custodian's negligence claim against HSBC (instructed by Simmons Cooper Andrew LLP).
R (on the application of UMBS Online Ltd) v Serious Organised Crime Agency & Revenue & Customs [2008] 1 All ER 465 junior counsel in the first Court of Appeal decision in which SOCA was judicially reviewed over a failure to grant consent to the transactions sought by an offshore banking entity (instructed by Malletts).
First Atlantic Commerce Limited v Bank of Bermuda Limited(2007 Supreme Court of Bermuda November) junior counsel led by Jan Woloniecki for the claimant in a $8m credit card processing dispute involving gross negligence by the bank (instructed by Attride Stirling & Woloniecki).
Charter Construction PLC v Sparkwell Developments Ltd & Ors (2007 Ch. Div.) counsel in a case involving transactions defrauding creditors contrary to 423 of the Insolvency Act 1986 and freezing injunctions in support of an arbitration award (instructed by Pinsent Masons LLP).
Shepherd Homes Ltd v Encia Remediation Ltd [2007] All ER (D) 334 (Jul) sole counsel for the defendant in a four weeks trial concerning defective piling of a site with 94 properties worth £17m (instructed by Hill Dickinson LLP).
R (on the application of Just Fabulous (UK) Ltd) v HMRC [2007] EWHC 521 (admin) junior counsel led by Rupert Anderson QC in the first decision in which a High Court determined that investigations by HMRC into ‘contra trading' MTIC fraud were lawful (instructed by Treasury Solicitor).
Re K Limited [2006] 2 Lloyd's Rep 569 junior counsel led by Andrew Mitchell QC in the Court of Appeal decision as to the meaning of "suspicion" in Part VII of POCA 2002 and a bank's duty to freeze bank accounts whilst investigations are carried out by SOCA/HMRC (instructed by Treasury Solicitor).
Squirrell Ltd v National Westminster Bank Plc (2005) 2 Lloyd's Rep 374 sole counsel in the first case
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defining the impact of section 328(1) of POCA 2002 upon the obligations of banks to freeze accounts without notice and the duty to avoid tipping off (instructed by DLA Piper Rudnick Gray Cary).
TCF v Bilgin [2004] EWHC 2732 (Comm crt) junior counsel in a 5 days trial of a £5 million guarantee claim involving a freezing injunction against Isle of Man company based on the Chabra jurisdiction and the appointment of a receiver (instructed by Clyde & Co LLP).
Longstaff v Baker & Mckenzie (a Firm) [2004] 1 WLR 2917 (QBD) counsel in a security for costs application concerning the effect of an undertaking given by a parent company in respect of a subsidiary company's net asset position (instructed by McClure Naismith).
Professional Associations
Fellow of the Chartered Institute of Arbitrators
Member of the Commercial Bar Association (COMBAR)
Member of the London Court of International Arbitration (LCIA)
Member of the Commercial Fraud Lawyers Association (CFLA)
London Common Law & Commercial Bar Association (LCLCBA)
Professional Negligence Bar Association (PNBA)
Member of the Chancery Bar Association
Academic & Professional Qualifications
2009 Fellow of the Chartered Institute of Arbitrators
2009 Diploma in International Commercial Arbitration (CIArb)
2003 Pegasus Scholarship (Melbourne, Australia)
1997 Lincoln's Inn Megarry Scholar
1997 BA Cantab (First Class) Law with European Law
Publications
Claims under s 90A of FSMA for dishonest statements made to the market: an underutilised remedy? Prospectus Litigation: Lessons learned from The RBS Rights Issue Litigation
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