Abdulali Jiwaji

Banking and Financial Markets

• Representing over 200 institutional claimants with respect to over 1,000 different funds/portfolios in a c.GBP 1.5bn group claim against Standard Chartered Bank regarding allegations of breach of statutory obligations under s.90 and s.90A FSMA 2000. The claim related to alleged omissions and/or misleading statements in published information arising from alleged misconduct, including breaches of Iranian sanctions. The matter generated significant Court rulings, including from the Court of Appeal, and has settled.
• Representing Bugsby Property LLC, a property developer and sponsor, in the four-week trial of its c.GBP 300m Commercial Court claim against Legal & General for breach of a contract relating to Bugsby’s bid for the purchase of Kensington Olympia.
• Representing a substantial property company in a c.GBP 30m Commercial Court claim against a large UK based banking group following the sale of interest rate swaps. The claim was based on allegations of misselling, misrepresentation, and bad faith.
• Advising a leading supplier of building materials and waste management in relation to a GBP 25m dispute with, and potential counterclaims against, a merchant bank in respect of an alleged breach of finance documents including allegations of accounting irregularities.
• Advising a housing association on a multi-million dispute with a leading bank concerning the topical issue of the bank’s ability to hold property under charge which exceeds the indebtedness of the borrower.

Civil Fraud and Asset Tracing

• Advising an individual in respect of potential breach of duty claims against him valued in excess of GBP 80m, as well as criminal proceedings. This matter concerns an allegedly corrupt scheme by which unauthorised secret commissions were paid via financial institutions and intermediaries in respect of investments by a fund. The case involves allegations of bribery and compliance failings.
• Advising two high-net-worth individual/clients on defending claims under personal guarantees related to loan agreements for in excess of GBP 100m. The matter involved complex fraud and dishonest assistance claims, offshore entities, restructuring issues, setoff claims, and related insolvency angles.

Commercial Litigation

• Representing shareholders in a GBP 700m claim for damages concerning breach of fiduciary duties relating to the development of new technology for electrical vehicles.
• Representing high-net-worth individual/clients and related entities in defending USD 400m conspiracy and money-laundering claims involving multiple jurisdictions relating to promissory notes and loan transactions in the banking sector.
• Representing a large international corporation operating in the travel and tourism sector in prospective claims valued at over GBP 100m concerning an exclusivity agreement in relation to an acquisition opportunity. The claims involved breach of contract, breach of confidence, loss of opportunity and fraudulent misrepresentation.
• Advising a European investment management company in a GBP 10m partnership dispute with a European real estate investment management company concerning the management of a USD 500m real-estate fund involving issues about the scope of duties owed as between members of an LLP.
• Representing members of the Barclay family in claims bought against them by other family members in high-profile High Court proceedings in relation to covert recordings at the Ritz Hotel. The dispute involved allegations of breach of confidence, misuse of information and breach of data protection rights. Signature advised on the clients’ defence, the wider litigation strategy and confidential settlement.
• Representing HNW shareholders of an offshore entity involved in the financial services industry in defending a c.EUR 45m claim for recovery of monies allegedly due in connection with a placement agreement and a related personal guarantee.
• Advising a global clearing bank on litigation risks associated with shareholder disputes in connection with a c.GBP 40m capital raise.

Insolvency

• Advising the shareholders and former directors of an insolvent company in responding to and defending claims by the liquidator of the company in a matter involving an estate of in excess of USD 300m.
• Representing a North American lender specialising in financing of early-stage growth enterprises in relation to recovery of distressed loans worth in excess of GBP 12m from the borrower. This involved enforcement action against the defaulting borrower, including assisting with recovery through court action and enforcement of fixed and floating charges through appointment of a receiver.
• Advising an individual in a GBP 40m dispute with a well-established European investment fund management company arising out of a loan facility. The matter also involved handling a set of parallel winding up proceedings involving a related company.

Product Liability

• Representing Renault in the NOx Diesel Emissions Group Litigation in London, proceedings of an unprecedented scale (with around 1.8 million claims issued against car manufacturers) and complexity. In an extensive liability ruling in July, the High Court rejected all claims against Renault.
• Representing a global technology company and a manufacturer of medtech in defending breach of statutory duty, breach of contract and negligence claims in relation to the supply of allegedly defective products and involving multi-million GBP claims.
• Advising a manufacturer of parts for an energy network on civil liability and regulatory obligations, including advising on product recall aspects and compliance with safety regulations.
• Representing the manufacturer of steering equipment and chassis components in respect of a GBP 6m claim for alleged defects in components for the braking system for motor vehicles, including defending allegations of breach of specification and for payment under contractual indemnities.

Professional Negligence

• Representing a HNW individual in a GBP 20m professional negligence claim and related matters against a leading law firm arising from advice on financing agreements.
• Representing the founders of a media business in a multi-million claim against a UK law firm arising out of the sale of the business to a US brand management company and post-acquisition advice.

White Collar Crime and Regulatory Investigations

• Representing an individual in a reference to the Upper Tribunal in relation to a decision notice issued by the Prudential Regulation Authority which raised issues as to fitness and propriety to perform certain regulated functions. Also advising the client on the pursuit of a complaint to the Financial Regulators Complaints Commissioner.
• Representing an individual in a reference to the Upper Tribunal challenging a Decision Notice issued by the Financial Conduct Authority prohibiting him from preforming any senior management function. The matter involves alleged misconduct in relation to a discretionary fund management business carried out through a brokerage on behalf of retail customers, with allegations that markdowns on holdings were illegitimately applied and not properly notified to customers.
• Advising an individual on SFO and FBI investigations relating to alleged money laundering relating to cross border credit card transactions and layering, including representation in FBI interviews.

International Commercial Arbitration

• Representing the founders of a fintech business focussed on delivering digital banking services in minority oppression claims brought through SIAC arbitration with the total value of claims in excess of USD 100m.
• Representing a leading aircraft manufacturer in an LCIA arbitration in relation to the enforcement of a multi-million USD indemnity claim in a service agreement arising due to significant damage caused to an aircraft by a contractor.