Dispute resolution

Arch Cru

Advising on the litigation arising out of the high profile Arch Cru investment fund collapse, acts for the new board of the Guernsey investment cell structure in relation to claims in excess of £150 million against a range of parties across a number of jurisdictions.

Extreme market events

Advising a bank in respect of a claim by a counterparty that contracts should be cancelled or amended in light of extreme market events.

Refusal to perform a contract

Acting for a seller to pursue completion of a contract and payment of the £70 million purchase price where the buyer under the contract has refused to complete the sale.

Claims for breach of contract e.g. unpaid fees

Acted for a number of clients across various matters to pursue breach of contract claims and to recover unpaid fees.

Defending claims for breach of contract

Advised a number of clients across various matters to defend allegations of breach of contract and resist claims for compensation.

Commercial litigation

Arch Cru

Advising on the litigation arising out of the high profile Arch Cru investment fund collapse, acts for the new board of the Guernsey investment cell structure in relation to claims in excess of £150 million against a range of parties across a number of jurisdictions.

Extreme market events

Advising a bank in respect of a claim by a counterparty that contracts should be cancelled or amended in light of extreme market events.

Refusal to perform a contract

Acting for a seller to pursue completion of a contract and payment of the £70 million purchase price where the buyer under the contract has refused to complete the sale.

Breach of warranty

Acted for the purchaser of a business in a claim against the seller of the business for breach of the warranty in the sale agreement that the accounts of the business gave a true and fair view.

Breach of shareholders agreement

Acted for a shareholder to defend a claim by a fellow shareholder for breach of their shareholders agreement and a claim for breach of warranty under a share sale agreement.

Construction of a contract

Advised a bank in connection with a dispute with two other banks over the interpretation of trust documentation including the question of where liability falls under a tax indemnity.

Finance litigation

Close out

Acted for the liquidators of a hedge fund in relation to the close out by five banks of the fund’s repo positions resulting in a series of disputes with the banks across multiple jurisdictions and a mix of litigation, arbitration and mediation.

Swaps

Advised a French bank in connection with a number of disputes concerning its rights and obligations under swap documentation.

Forex – market disruption

Acting for a bank to defend a claim concerning the price of a number of foreign exchange trades where the trades had been executed in a volatile market following the depegging of the Swiss Franc from the Euro.

Transfer of assets between two banks

Acted for an Asian bank in a dispute with another bank in connection with the sale of part of a business from one bank to another and undisclosed liabilities arising under an ISDA Master Agreement.

Non-performing loans

Acting for a European bank in relation to a dispute over the sale of non-performing loans.

Surety bonds

Advised an insurance company in relation to a dispute with a bank and a hedge fund arising out the terms of an agreement relating to the transfer of an economic interest in a surety bonds facility.

Dispute with Lehman Brothers International Europe

Acted for a client in respect of a dispute with the administrators of Lehman Brothers International Europe concerning a proof of debt arising out of repo and swap transactions.

International arbitration

Breach of contract

Advising a placement agent in relation to a claim for unpaid placement fees and other amounts due under an agreement.

LCIA arbitration

Advised the liquidators of a hedge fund in relation to a US$20 million LCIA arbitration with an investment bank arising out of the bank's close out of the fund's positions on a number of repo transactions.

ICC arbitration

Acted for an advisory company in relation to an ICC arbitration to recover sums due to it in connection with the purchase and restructuring of a foreign bank.

Libor manipulation

Advised a defendant to arbitration brought by an investment bank about the prospects of bolstering its defence by adding contentions based on Libor manipulation.

Private capital and funds

Listed fund

Acting for the new board of an offshore listed fund and assisting with claims against various parties in a number of jurisdictions arising from the past management of the fund, including claims against the managers, directors, administrators and auditors.

Investments

Acting for a private equity business in bringing claims under an acquisition agreement where the business acquired was not as expected. 

High Net Worth Individual

Acting for a high net worth individual in various claims under his business arrangements. 

More: Private capital and funds

Banks and banking

Close out

Acted for the liquidators of a hedge fund in relation to the close out by five banks of the fund’s repo positions resulting in a series of disputes with the banks across multiple jurisdictions and a mix of litigation, arbitration and mediation.

Swaps

Advised a French bank in connection with a number of disputes concerning its rights and obligations under swap documentation.

Forex – market disruption

Acting for a bank to defend a claim concerning the price of a number of foreign exchange trades where the trades had been executed in a volatile market following the depegging of the Swiss Franc from the Euro.

Transfer of assets between two banks

Acted for an Asian bank in a dispute with another bank in connection with the sale of part of a business from one bank to another and undisclosed liabilities arising under an ISDA Master Agreement.

Non-performing loans

Acting for a European bank in relation to a dispute over the sale of non-performing loans.

Surety bonds

Advised an insurance company in relation to a dispute with a bank and a hedge fund arising out the terms of an agreement relating to the transfer of an economic interest in a surety bonds facility.

Dispute with Lehman Brothers International Europe

Acted for a client in respect of a dispute with the administrators of Lehman Brothers International Europe concerning a proof of debt arising out of repo and swap transactions.

More: Banks and banking