Case Studies

Acting for over 600 widowers in judicial review proceedings in which the government was challenged on its policy to pay benefits to widows but not widowers. Had the Claimants been women they would have been entitled to one or more forms of benefits payable to widows pursuant to the Social Security Contributions and Benefits Act 1992. Four test cases argued gender discrimination and the effect of the Human Rights Act 1998 to rectify such discrimination. Two main points arising from the case were whether the government should be afforded a reasonable period for reform and to what extent does the Human Rights Act 1998 have retrospective effect. Applications were also lodged with the European Court of Human Rights to highlight this issue of discrimination suffered by men.

International multi-million dollar commercial arbitration involving breach of a term in a distribution agreement. The case covered a very wide range of general and specific allegations and counter allegations over the entire period of the agreement. The dispute was, therefore, both factually dense and document heavy as each allegation required a formal response. The trial bundle consisted of over 60 files and I had the responsibility for managing the documents and organising a large number of witnesses from around the world to give evidence in person or by video-link.

£40 million claim made against a large international bank by the Liquidators of BCCI pursuant to s.216 Insolvency Act 1986. The client bank disputed the allegation that it was knowingly a party to the carrying on of business with BCCI with the intent to defraud creditors. The case was problematic due to the fact that the alleged fraud took place over 20 years ago and the officers involved in the transaction had either retired or their whereabouts were unknown. Most of the key documents had also been destroyed. There was also a need to establish what the banking practice was at the time the transactions were undertaken.

A multimillion pound case arising from a dispute for the design and construction of a 45 ton tug entered into with a Spanish shipyard. Numerous delays occurred on the part of the shipyard and the contract provided for liquidated damages in the event of late delivery. The shipyard "ransomed" the tug until the balance of the monies were paid, further breaching of the terms of the contract. A Spanish solicitor was instructed to advice on points of jurisdiction as the contract was entered in Mauritius and was governed by Mauritian law. The matter was finally resolved when I travelled to Bilbao with the Attorney General of Mauritius, the principal marine engineer and the chairman of the Mauritius Ports Authority. After three days of negotiations we secured the release of the tug which was evidenced by an agreement in writing.

Acting for a successful finance company against joint administrators seeking an Order pursuant to s.15 Insolvency Act 1986 authorising the disposal of telecommunications equipment subject to three finance leases. A dispute arose as to the true value of the equipment. An Order made by consent allowed the Administrators to dispose of the equipment and directed an inquiry as to the net amount that would be realised on the sale of the equipment in an open market.

Multimillion pound international arbitration conducted through the ICC International Court of Arbitration. The claim was for damages to cover the repair to construction work which was being undertaken following severe damage caused by 2 cyclones. The claim was stayed while the parties considered the place of arbitration and identity of a suitable arbitrator. During detailed negotiations the claim was settled on terms favourable to the client.

A multimillion dollar dispute brought by a Claimant with no assets alleging breach of an oral agreement. The Claimant was financially backed by a billionaire who hoped to gain from the outcome of the litigation. The case was fast paced with 20 applications being made during a period of 12 months, including an application reducing the freezing order from $US 6.5 million to $US 500,000. Details which came to light at an early stage were the lack of documents from both parties due to the origins of the underlying dispute occurring in 1989 and the lack of witnesses.

The parties resolved the dispute shortly before the trial and the opportunity did not arise to make an application for third party costs against the billionaire funder.

A dispute arising from the sale of a 75% shareholding in a company. The Defendant client is an internationally renowned and well-respected medical doctor. The Claimant company alleged fraudulent or negligent misrepresentation of the terms which induced it to enter into the transaction and claimed damages including loss of opportunity to made profits on other business opportunities. The Claimant attempted to stop the draw down of a letter of credit which represented a yearly instalment of the purchase price of the shares but after failing, served the Defendant with a freezing order. The action is currently the subject of ICC Arbitration. I was involved in making an application for security for costs and drafting the guarantee, challenging the jurisdiction of the Court pursuant to Sec 44 of the Arbitration Act 1996 and applying to extend the time for complying with the terms of the freezing order. Proceeding had previously been commenced in India and Costa Rica. Disclosure of assets was not provided as the Defendant placed funds equivalent to the freezing order in his client account. The Claimant is currently challenging the need to give disclosure as we suspect they wish to significantly increase the value of the freezing order.

Privy Council work undertaken for overseas governments and agencies including a case involving the historic fishing rights of various Maori tribes in New Zealand. Liasing closely with the Registrar of the Privy Council and fixing timetables for lodging cases and listing appeals.

Acting for the President and Attorney General of a small country following a failed coup attempt. The case received widespread coverage on television and the broadsheets. There were a number of major obstacles to overcome, such as finding and serving proceedings on overseas Defendants and quantifying the damages.