Adam Rushworth
Barrister
Call 2010
Adam is a leading junior with a broad practice encompassing all aspects of commercial litigation, arbitration and advisory work. As well as general commercial litigation, Adam has experience in finance and banking litigation, private equity disputes and professional negligence litigation. He has acted on cases involving jurisdiction challenges, emergency arbitration, injunctive relief and has experience in the High Court, the Court of Appeal and the Supreme Court. Recent cases include: BM Brazil 1 Fundo de Investimento v Sibanye BM Brazil (a 5 week trial in the Commercial Court in summer 2024 concerning the interpretation and application of a material adverse effects clause); BNPP v Uro (2 week trial settled just before trial listed for November/December 2024 concerning a claim for a c.$250 million bond make whole premium); Qatar Airways v Airbus (a claim for over $2bn in connection with agreements relating to A350 aircraft – settled 2023); Borelli v Otaibi [2024] EWHC 1148 (Comm) ($81million fraud claim – Adam successfully obtained a stay of the claim against his client on jurisdictional grounds); JD Classics v PwC (multi-million pound professional negligence claim – settled 2023); Manchester Building Society v Grant Thornton [2021] UKSC 20 (key Supreme Court case on scope of duty in professional negligence). Adam was recently shortlisted for Professional Negligence Junior of the Year (2024) by Chambers and Partners.
Recent matters include:
BNP v Uro (CL-2022-000072)
Acted for Uro (led by Ken Maclean KC, Sonia Tolaney KC and James Macdonald KC, instructed by Humphries Kerstetter) in a c.€250m dispute over whether a bond make whole premium was due in respect of a c.€1.25bn bond issue. Settled just before trial due to take place in November/December 2024.
Banca Generali v Sovereign Credit Opportunities [2024] EWCA Civ 886
Acted (led by Conall Patton KC, instructed by Macfarlanes) for the issuer and fiscal agent in a structured note transaction. The dispute concerned the noteholders’ rights to replace the fiscal agent following the delivery of a trigger notice.
BM Brazil 1 Fundo de Investimento EM & ors v Sibanye BM Brazil & anor [2024] EWHC 2566 (Comm)
Acting for Sibanye (led by Sonia Tolaney KC and James Macdonald KC, instructed by Clifford Chance) in a dispute concerning the interpretation and application of a material adverse effects clause in two contracts for the purchase of Brazilian mines.
Airwave v Secretary of State for the Home Department (CL-2024-000308)
Acting for Airwave (led by Alex Charlton KC, instructed by Slaughter and May) in a claim for unpaid invoices alleged to be owed in respect of the provision of the emergency services communication network for the police.
Alimov v Mirakhmedov [2024] EWHC 3322 (Comm)
Acting (led by Sonia Tolaney KC, instructed by Latham & Watkins) for Genesis Digital Assets, one of the world’s leading bitcoin mining companies, in respect of a claim brought against some of its shareholders. Permission to serve out against Genesis Digital Assets was set aside: [2024] EWHC 3322 (Comm).
Fir Tree Capital Opportunity Master Fund v SBB Treasury Oyj (CL-2024-000066)
Acted for SBB (led by Orlando Gledhill KC, instructed by Clifford Chance) in relation to a dispute over whether noteholders could accelerate the repayment of notes on the basis of an alleged breach of accounting warranties.
Borelli v Otaibi [2024] EWHC 1148 (Comm)
Acted for FFISA (led by Sonia Tolaney KC, instructed by Allen Overy Shearman Sterling) in a c.$80m claim concerning structured notes and alleging fraud. Adam appeared unled for the jurisdictional challenge. The Court stayed the proceedings against FFISA on jurisdictional grounds: [2024] EWHC 1148 (Comm).
Corvus Lights Aviation Limited v 777 Partners LLC (CL-2023-000857)
Acting for the Claimant aircraft lessors (led by Orlando Gledhill KC, instructed by Clifford Chance) in claims against guarantors of leases of 4 Airbus aircraft.
Afriquia Gaz and Maghreb Gaz v UBS (CL-2020-000738)
Acting for UBS (led by Conall Patton KC, instructed by Reed Smith) in a claim under Swiss law for restitution of banking payments.
Qatar Airways Group QCSC v. Airbus SAS (HT-2022-000037)
Acted for Airbus (led by Lord Wolfson KC, Ros Phelps KC and Laura John KC, instructed by Clifford Chance), defending claims valued in excess of US$1bn, concerning delivery / acceptance of entire fleets of aircraft (A350 / A321). The case raised complex technical issues concerning aircraft manufacture and lightning strike protection, as well as numerous legal issues.
JD Classics Limited (In Administration) v. PriceWaterhouseCoopers LLP (CL-2021-000380)
Defended PWC (led by Ben Hubble KC, instructed by Taylor Wessing) in c.£60million negligence proceedings arising out of the administration of Derek Hood's classic car business.
Vale SA & Ors v. Steinmetz & Ors (CL-2019-000723)
Acted for the Claimants (led by Sonia Tolaney KC and Seb Isaac KC, instructed by Clearly Gottlieb) in substantial (c.US$1.7 billion) civil fraud proceedings arising out of a JV to exploit mining rights in Guinea.
SCOR SE -v- Barclays Bank PLC
Acted (with Ros Phelps KC, instructed by Freshfields) for a UK bank defending a claim under French law for assisting an alleged breach of confidence in an attempted take over. The case settled just before the trial listed for June 2021.
Manchester Building Society v Grant Thornton (Commercial Court, Court of Appeal, Supreme Court):
Led by Simon Salzedo KC, instructed by Taylor Wessing in a c.£50m claim for professional negligence arising out of the hedge accounting treatment of certain interest rate derivatives raising issues of the scope of auditors’ duties and the SAAMCO principle, and legal causation (5 week trial in the Commercial Court [2018] EWHC 963 (Comm), 2 day Court of Appeal hearing [2019] EWCA Civ 40, Supreme Court hearing in October 2020 [2021] UKSC 20).
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Examples of Recent Cases
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Arbitration
- ICC emergency arbitration and arbitration (2023): For the Defendant (with Sa’ad Hossain KC) in a dispute over the construction of a shareholders’ agreement.
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Banking and Financial Services
- Afriquia Gaz and Maghreb Gaz v UBS (CL-2020-000738):
Acting for UBS (led by Conall Patton KC, instructed by Reed Smith) in a claim under Swiss law for restitution of banking payments. - BNP v Uro (CL-2022-000072):
Acted for Uro (led by Ken Maclean KC, Sonia Tolaney KC and James Macdonald KC, instructed by Humphries Kerstetter) in a c.€250m dispute over whether a bond make whole premium is due in respect of a c.€1.25bn bond issue. Settled just before trial due to take place in December 2024. - Banca Generali v Sovereign Credit Opportunities [2024] EWCA Civ 886:
Acted (led by Conall Patton KC, instructed by Macfarlanes) for the issuer and fiscal agent in a structured note transaction. The dispute concerned the noteholders’ rights to replace the fiscal agent following the delivery of a trigger notice. - Borelli v Otaibi (CL-2022-000474):
Acted for FFISA (led by Sonia Tolaney KC, instructed by Allen Overy Shearman Sterling) in a c.$80m claim concerning structured notes and alleging fraud. Adam appeared unled for the jurisdictional challenge. The Court stayed the proceedings against FFISA on jurisdictional grounds: [2024] EWHC 1148 (Comm). - Fir Tree Capital Opportunity Master Fund v SBB Treasury Oyj (CL-2024-000066):
Acted for SBB (led by Orlando Gledhill KC, instructed by Clifford Chance) in relation to a dispute over whether noteholders could accelerate the repayment of notes on the basis of an alleged breach of accounting warranties. - Debussy DTC PLC & Ors v Solutus Advisors Ltd (2018, Financial List):
Acted (with David Wolfson QC, instructed by DLA Piper) for a special servicer and a receiver in relation to transactions concerning the Toys R Us Propco CMBS. The case raised issues of the duties of the special servicer and receiver, and whether the fair dealing rule applies. - Agate Assets & Ors v Banque Privee Edmond de Rothschild & Ors (2015, Commercial Court):
For the Claimants (with Sonia Tolaney QC, instructed by Allen & Overy) in a claim for declaratory relief arising out of a transaction involving the sale of a structured note ultimately acquired by a UCITS fund. - Edgeworth Capital (Luxembourg) SARL v Aabar Investments PJS (2016, Commercial Court):
For the Defendant (with Sonia Tolaney QC and James MacDonald, instructed by Freshfields) in a claim by a borrower for declarations that security agreements in relation to a loan of around £100 million are unenforceable. - Bank of England Foreign Exchange Market Investigation:
Sole junior counsel to Lord Grabiner QC’s investigation into the conduct of Bank of England officials in relation to the foreign exchange market (instructed by Travers Smith).
- Afriquia Gaz and Maghreb Gaz v UBS (CL-2020-000738):
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Commercial Litigation
- BM Brazil 1 Fundo de Investimento EM & ors v Sibanye BM Brazil & anor (CL-2022-000264):
Acting for Sibanye (led by Sonia Tolaney KC and James Macdonald KC, instructed by Clifford Chance) in a dispute concerning the interpretation and application of a material adverse effects clause in two contracts for the purchase of Brazilian mines. - Airwave v Secretary of State for the Home Department (CL-2024-000308):
Acting for Airwave (led by Alex Charlton KC, instructed by Slaughter and May) in a claim for unpaid invoices alleged to be owed in respect of the provision of the emergency services communication network for the police. - Alimov v Mirakhmedov (CL-2023-000262):
Acting (led by Sonia Tolaney KC, instructed by Latham & Watkins) for Genesis Digital Assets, one of the world’s leading bitcoin mining companies, in respect of a claim brought against some of its shareholders. Jurisdiction challenges are due to be heard in October 2024. - Corvus Lights Aviation Limited v 777 Partners LLC (CL-2023-000857):
Acting for the Claimant aircraft lessors (led by Orlando Gledhill KC, instructed by Clifford Chance) in claims against guarantors of leases of 4 Airbus aircraft. - Qatar Airways Group QCSC v. Airbus SAS (HT-2022-000037):
Acted for Airbus (led by Lord Wolfson KC, Ros Phelps KC and Laura John KC, instructed by Clifford Chance), defending claims valued in excess of US$1bn, concerning delivery / acceptance of entire fleets of aircraft (A350 / A321). The case raised complex technical issues concerning aircraft manufacture and lightning strike protection, as well as numerous legal issues. - Cyrus Opportunities Master Fund v Oceanwood Opportunities Master Fund (2018, Commercial Court, Financial List):
Acted for the Claimants (with Sonia Tolaney QC) in a dispute concerning the validity of the exercise of a put option (settled before trial in October 2019). - Acted for a Claimant games manufacturer in proceedings against a foreign distributor.
- Meem v Sotheby’s (2017, QBD):
Acted for the Defendant (with Sonia Tolaney QC) in a claim in respect of the description of certain artwork in an auction catalogue. - Credit Suisse v Up Energy Group Ltd (2015, Commercial Court):
For the Claimant (with Daniel Toledano QC) in a claim for HK$234 million due under a put option forming part of a suite of financing documents. The case settled on the day before trial. - Bikam OOD and Central Investment Group SA v Adria Cable [2012] EWHC 621 (Comm), [2013] EWHC 1985 (Comm), Commercial Court:
For the Defendant purchaser of an Eastern European satellite television company (with Daniel Toledano QC) in a dispute concerning breach of warranty and misrepresentation. - Advised (with Daniel Toledano QC) on the scope and enforceability of a settlement agreement entered into in connection with the hotel industry.
- Advised on breach of confidentiality obligations under an SPA.
- Advised on a potential jurisdictional challenge to proceedings concerning the Brussels I Regulation and the European Insolvency Regulation.
- Acted in the Queen’s Bench Division for a retailer defending a claim for breach of warranty.
- BM Brazil 1 Fundo de Investimento EM & ors v Sibanye BM Brazil & anor (CL-2022-000264):
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Company and Insolvency
- Re Phoenix Kapitaldienst GmbH [2012] EWHC 62 (Ch), [2013] Ch 61, Chancery Division
Junior counsel to David Wolfson QC in avoidance proceedings brought by a German administrator against a number of English Respondents which settled shortly before the Court of Appeal hearing. The case involved issues under the EC Regulation on Insolvency Proceedings, the Cross-Border Insolvency Regulations 2006 and the common law rules on assisting foreign insolvency office-holders. - Advised on the restructuring of a discretionary trust with shareholdings as assets.
- Advised on a potential jurisdictional challenge to proceedings concerning the Brussels I Regulation and the European Insolvency Regulation.
- Re Phoenix Kapitaldienst GmbH [2012] EWHC 62 (Ch), [2013] Ch 61, Chancery Division
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Oil, Gas and Utilities
- Centrica Resources Ltd v BG International (CNS) Ltd (2016, Technology and Construction Court)
For the Defendant JV Operator (with Daniel Toledano QC) in a claim brought by a JV owner for alleged overcharging under an operating agreement in respect of particular gas fields. The case settled following close of pleadings.
- Centrica Resources Ltd v BG International (CNS) Ltd (2016, Technology and Construction Court)
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Professional Negligence
- JD Classics Limited (In Administration) v. PriceWaterhouseCoopers LLP (CL-2021-000380):
Defended PWC (led by Ben Hubble KC, instructed by Taylor Wessing) in c.£60million negligence proceedings arising out of the administration of Derek Hood's classic car business. The case settled in 2023 prior to trial. - Manchester Building Society v Grant Thornton (2018, Commercial Court, 2019, Court of Appeal, 2020 Supreme Court):
Acting for the Defendant (with Simon Salzedo QC) in a professional negligence claim for c. £50m arising from the accounting treatment of certain interest rate derivatives and its effect on regulatory capital. - Deutsche Bank v Blake Morgan (2017, Chancery Division):
For the Claimant (with Sonia Tolaney QC) in a claim for professional negligence against the Claimant bank’s solicitors in relation to a surrender of a leasehold. - Acted for the defendant accounting firm (with Rhodri Davies QC) in an audit professional negligence claim valued at more than £100m.
- Reed v Robson Rhodes (2015, Commercial Court):
For the Claimant (led by Tom Adam QC and Stephen Midwinter) in a claim against its auditors and tax advisors in relation to tax liabilities accruing from a salary sacrifice scheme which the Court found did not work.
- JD Classics Limited (In Administration) v. PriceWaterhouseCoopers LLP (CL-2021-000380):
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Tax and Revenue
- MG Rover v HMRC and BMW (2019, Court of Appeal):
Junior Counsel to Ian Glick QC in an dispute concerning which entity in a VAT group is entitled to bring claims for the recovery of overpaid VAT (7 day Upper Tribunal appeal [2016] UKUT 434 (TCC), 5 day Court of appeal hearing [2019] EWCA Civ 485). - Reed Employment Plc v HMRC (2015, Court of Appeal):
Junior Counsel to Ian Glick QC, Andrew Clarke QC and David Ewart QC in an appeal by Reed to the Upper Tribunal concerning tax and NIC liabilities of £158 million alleged to arise out of the payment of travel expenses. Issues in the case included: the meaning of “earnings” in ITEPA, s62; the concept of “effective salary sacrifice”; the scope of the rules concerning deductibility for travel in necessary attendance under ITEPA, s338; and the scope and effect of dispensations granted under ITEPA, s65. - Island Contract Management v HMRC (2015, Upper Tribunal):
Junior Counsel to David Ewart QC in an appeal to the Upper Tribunal concerning liability for deductions HMRC says should have been made and accounted for under the Construction Industry Scheme.
- MG Rover v HMRC and BMW (2019, Court of Appeal):
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What the Directories Say
Chambers & Partners 2025 (Banking & Finance) "Adam brings a quiet confidence. He works quickly and efficiently, and is extremely responsive. He is all over the smallest details and instils confidence that everything has been considered." "A very smart and sophisticated senior junior who has a good tactical appreciation of the dispute and an excellent handle on the detail." "He is a brilliant junior. He's really helpful, writes very well and is really responsive." "He highly intellectual and someone who is able to tackle legal issues and find his way."
Legal 500 2025 (Banking & Finance) ‘Adam is completely on top of the detail in all respects and considers all possible angles to ensure the best result possible is reached for the client. He instils confidence with his calm manner. He is also incredibly responsive, but will say if he needs more time to consider a point which gives reassurance that the correct balance between speed and quality of response is being struck.’
Chambers & Partners 2025 (Commercial Dispute Resolution) "Adam is highly intellectual and is able to tackle a legal issue and find a way through." "Adam is a brilliant junior. He is really helpful, he writes very well and he is really responsive." "Adam is an absolute brainbox and a very user-friendly barrister."
Legal 500 2025 (Commercial Litigation) ‘Adam has incredible attention to detail and is particularly adept at the difficult and technical elements of a dispute. Just the kind of barrister you want on your side when you are under pressure.'
Chambers & Partners 2025 (Professional Negligence)"Adam is a pleasure to deal with." "Adam is highly recommended in accountants' negligence cases. He is very strong on the law and excellent to deal with."
Legal 500 2025 (Professional Negligence) ‘Adam is forensic in his analysis and delivers clear, effective advice. His advocacy is strong. He is persuasive, efficient, and remains incredibly calm under pressure.’
Legal 500 2024 (Banking & Finance) ‘Adam is a real talent – he is very quick to pick things up, excellent on the law and also has really good common sense judgement – solicitors trust him on everything they delegate to him. He is going to have a stellar career.’
Chambers & Partners 2024 (Banking & Finance) "Adam is very clear, very analytical and thorough."
Chambers & Partners 2024 (Commercial Dispute Resolution) "He is a smart, careful person." "A really helpful, highly practical junior who is very nice to work with."
Legal 500 2024 (Commercial Litigation) ‘Adam is an intellectual powerhouse and tactically very astute. He is also a pleasure to deal with, and his written advocacy is first rate.’
Chambers & Partners 2024 (Professional Negligence) "Adam is a brilliant junior. He is completely over the detail of the case. His ability to get right to the core of issues is fantastic and he is robust in his views." "Adam is very good, very succinct and very nice to work with."
Legal 500 2024 (Professional Negligence) ‘"Adam is easy to work with, responsive, and really excellent."
Chambers and Partners 2023 (Banking & Finance) "Adam is an excellent lawyer and a great member of any team."
Chambers and Partners 2023 (Commercial Dispute Resolution) "Very precise, very clever and very knowledgeable."
Legal 500 2022 (Banking & Finance) "Excellent. Forensic. Robust, willing to push back and persuade clients of the right course, even if that course appears unattractive."
Legal 500 2022 (Commercial Litigation) "very clever indeed. He has an instinctive knowledge of what a silk wants help with and serves it up beautifully. He has very good judgment and common sense. I would work with him again in a heartbeat."
Chambers & Partners 2022 (Commercial Dispute Resolution) "Easy to work with, clever, thoughtful and really happy to cooperate with people at all levels of the team."
Legal 500 2021 (Banking & Finance) "In a field of great brains, he is the greatest. Always adds superb value to the analysis."
Legal 500 2021 (Commercial Litigation) "He has an excellent, clear written style coupled with top-quality legal analysis. A real star junior."
Chambers & Partners 2021 (Commercial Disupte Resolution) "Very technical and quickly gains an excellent grasp of the detail in a case." "He makes the complex straightforward."
Legal 500 2020 (Commercial Litigation) "he has a straight alpha legal brain and is a first rate senior junior for any financially or legally technical case."
Legal 500 2018 (Commercial Litigation) “very bright and hardworking, and gets to grips with complex matters very well”
Legal 500 2017 (Top Ten Under 8 Years' Call for Commercial Litigation) “Very confident in his opinions and prepared to take a view”
"Easy to work with, clever, thoughtful and really happy to cooperate with people at all levels of the team." (Chambers and Partners 2022)
"He has an excellent, clear written style coupled with top-quality legal analysis. A real star junior." (Legal 500 2021).
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Academic Achievements
Lord Mansfield Scholarship, Lincoln's Inn [2009 - 2010]
Lord Hardwicke Scholarship, Lincoln's Inn [2009 - 2010]
Arts and Humanities Research Council Doctoral Award [2006 - 2009]
Winter Williams Prize for Best BCL Paper on International Economic Law [2006] -
Other Achievements
Stipendiary Lecturer in Law, Lady Margaret Hall, University of Oxford
[2009 - 2010]
Senior College Lecturer in Private Law, Keble College, University of Oxford [2007 - 2009]
College Tutor, St Edmund Hall, University of Oxford [2006 - 2007] -
Education
City University: BVC (Outstanding) [2009 - 2010]
University of Oxford: DPhil ‘Remedies and the Conflict of Laws’ [2007 - 2009]
University of Oxford: MPhil ‘Choice of Law for Damages’ (Distinction) [2006 - 2007]
University of Oxford: BCL (Distinction) [2005 - 2006]
University of Oxford: BA (Hons) Law (First) [2002 - 2005]