Experience

• Representing victims of a large-scale fraud perpetrated in Asia in civil recovery proceedings concerning the status of the assets which had been acquired with the proceeds of fraud and are located and frozen in the UK. The value of the assets is GBP 2.75bn including cryptocurrency.
• Representing a large group of institutional claimants (approximately 80) and retail claimants (over 8,000) in a complex group litigation against RBS and its former directors known as “RBS Rights Issue Litigation.” The case involved allegations of breach of statutory obligations under s.90 FSMA with respect to alleged omissions and/or misleading statements in a prospectus relating to GBP12bn rights issue in 2008 following the acquisition of ABN Ambro, a Dutch bank. The areas of complaint included liquidity, capital, credit market exposures, risk management, VAR and LIBOR.This case was recognised as one of The Lawyer’s top 20 cases of 2017. Following this group claim a large number of other s.90 and 90A FSMA claims have since been issued in this ever growing and developing area of litigation.
• Representing the former executive management team of Wind Energy Holdings Limited, Thailand’s largest wind energy company, in defending a high-profile claim of over USD 800m. The claim gave rise to issues of fiduciary duty and highlights the complexities of cross-jurisdictional legal issues arising out of allegations of civil fraud. This case is featured in The Lawyer’s Top 20 Cases of 2022.
• Representing institutional Noteholders in a USD 100m dispute with two prominent banks in respect of a prejudicial consent solicitation process.
• Representing over 100 investors and a tax management company in two similar but separate CPR 19.6. fraud claims with the total value in excess of GBP 100m against a number of leading banks concerning misrepresentation and deceit in developing and promoting a tax deferral scheme in entertainment industry.
• Representing a major European underwriter in relation to an FCA’s investigation into their financial capability following the insolvency of a major European insurance company with which our client has done significant business. The matter involved complex cross-border insurance issues arising in multiple European jurisdictions.
• Representing a company and its directors in defending a GBP 60m conspiracy-to-defraud and fiduciary-duty claim brought by a leading property development company arising out a joint venture for the development of a warehouse logistics site. The matter involved complex loss calculations arising out of alleged breaches of confidence and loss of opportunity.
• Representing a large group of institutional and retail claimants in a CPR 19.8 representative claim for over GBP 20m by Manx Capital Partners against former members of the group including Scottish Widows and others for their share of the costs relating to the RBS Rights Issue Litigation.
• Representing a large group of institutional and retail claimants in defending a claim from Vannin Capital Limited, arising out of two Litigation Funding Agreements entered into in connection with the RBS Rights Issue Litigation.
• Representing an airline as a Part 20 defendant in a follow-on multi-billion GBP claim in the English Courts by Emerald Supplies against British Airways following the European Commission’s infringement decision concerning a global cartel involved in coordination of prices and surcharges in relation to air cargo (freight) services.
• Representing a group of consumers through the Consumers Association (Which?) against JJB Sports Plc, the single largest manufacturer in this case, in the first follow-on representative action brought under the Competition Act 1998 following a decision by the UK’s Competition Regulator that JJB was part of a price fixing cartel for replica football shirts which overcharged the public. The overcharge was a markup of 100% with the total claim value up to GBP 100m. The case successfully settled.
• Evaluating the merits of potential follow-on litigation in the UK regarding the European Commission’s cartel finding and approx. EUR 1bn fine against seven manufacturers of automative bearings.