Anthony de Garr Robinson KC

Enjoys a growing reputation for his capable representation of sophisticated domestic and international clients in a range of disputes … He is regularly instructed in international arbitrations in addition to appellate and High Court proceedings. (Chambers UK 2022 – Banking & Finance)

He frequently acts as counsel in international arbitrations and has significant experience of enforcement proceedings under the New York Convention. He also sits as an arbitrator.

Notable cases over the past few years include:-

Since 2021, he has been acting for a US private equity firm in a $700m LCIA claim relating to the abortive acquisition of a division of a large listed company.

In 2020 and 2021, he acted for a US biotech company in an arbitral claim for several hundred million dollars and injunctive relief in relation to the threatened closure by one of its suppliers of a manufacturing facility in Spain. The dispute included proceedings before the Spanish courts in support of the arbitration.

He represented the claimants in an LCIA arbitration of a £100m claim for serious breaches of a joint venture arrangement regarding a large bank in an eastern European country, which was alleged to have resulted in a huge, involuntary dilution of the bank's majority shareholders.

He acted for an AIM-listed investment fund in an LCIA arbitration of a significant claim for damages against the fund's former investment manager for serious breaches of contractual and fiduciary duties. The manager counterclaimed for £112m+ in damages for wrongful termination of its appointment and a substantial profit share/carried interest payment allegedly due under the investment management agreement.

He acted an UNCITRAL arbitration of a claim relating to the financial and indemnity provisions contained in a series of transponder leases, under which transponders in satellites were used for television broadcast across Asia.

Palmerston Hotels and Resorts v Brocket Hall (UK) Limited and another [2016] EWHC 2018 (Comm) – He acted for the owner of a well-known golf club and luxury resort in an LCIA arbitration regarding the termination of a 35-year management contract. The dispute included a Commercial Court application for an injunction restraining the owner from terminating the contract pending the appointment of arbitrators.

He spent much of 2015 acting in a $150m ICC arbitration in Germany concerning the acquisition of a bank in a CEE country, which subsequently collapsed into insolvency. The arbitration involved German law claims for wilful deceit, culpa in contrahendo, breach of contract and restitution (there were no English law issues).

Myriad Group AG v Oracle America Inc – In 2014, he acted for Oracle America in a $120m+ UNCITRAL arbitration relating to Oracle’s FRAND licensing regime for Java software. The dispute began with litigation in California and Delaware, but it ultimately resulted in arbitration in London, where he was lead counsel for Oracle. The claim and the arbitration were governed by US law.

Enjoys a growing reputation for his capable representation of sophisticated domestic and international clients in a range of disputes … He is frequently instructed in significant commercial disputes and is familiar with cases centring around capital markets transactions, often when they involve asset-backed securities and structured products. He has undertaken a number of cases concerning LIBOR and bribery disputes. (Chambers UK 2022 – Banking & Finance)

He is experienced in all forms of banking and banking-related litigation, including (amongst other things) LIBOR-related claims, investment advisory claims, regulatory claims, and asset-backed security claims (including cashflow waterfall disputes and disputes regarding the proper operation of transaction documents and the actions that should have been taken by various office holders).

Over the years he has also advised various financial institutions on the appropriate tariff bases, fees and levies payable under the FSA and FCA Handbooks, both to the FCA and to the FSCS (Financial Services Compensation Scheme).

Notable cases over the past ten years include:-

He is currently acting for a bank on a £100+m claim by a large corporate customer for alleged breaches of various alleged implied terms, misrepresentation and lawful act economic duress.

Since 2021, he has acted for the client of a well-known banking and wealth management group on a claim for breach of its safe custody obligations.

Re Adrian Hyde, Richard Toone, Adrian Rabet (Joint Administrators of Betindex Limited) [2021] EWHC 1542 (Ch): following the collapse of a high profile gambling company called Betindex Ltd, the company’s administrators sought directions as to the proper distribution of funds in a “client account” held on the terms of a trust intended to provide protection to its customers. He represented a party whom the court had appointed to represent the interests of a wide class of potential beneficiaries.

Re Prudential Assurance Company Ltd and Rothesay Life Plc [2021] Bus. L.R. 259 – In December 2020, the Court of Appeal overturned a decision by Snowden J refusing to sanction the proposed transfer of .£12.9 billion in annuity liabilities from The Prudential Assurance Company Limited (PAC) to Rothesay Life (Rothesay). This was the first time the Court of Appeal had considered how the court should deal with applications to sanction transfers of insurance business under Part VII of the Financial Services and Markets Act 2000. The Association of British Insurers (the ABI) is the voice of the insurance and long-term savings industry in the UK, and on its behalf he obtained permission to intervene in order to support the appeal. See here.

Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another – He acted for Bernie Ecclestone in this highly publicized £500 million+ claim, alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. The case arose from claims that a bid for a controlling stake was derailed by a corrupt agreement with the banker responsible for selling the controlling stake owned by Bayerische Landesbank. This was one of The Lawyer’s Top 20 cases for 2018.

Libyan Investment Authority v Société Générale – In 2017, he acted for Société Générale in a claim based on allegations that the LIA was induced to invest more than £2 billion in various structured investment products as a result of bribery of senior Libyan officials in the Gaddafi regime. This was one of The Lawyer’s Top 20 cases for 2017.

Erik Vik v Deutsche Bank – In 2017, he gave expert evidence on English law in a case brought by Deutsche Bank in Norway to enforce the $234m judgment it had obtained in English proceedings (Deutsche Bank AG v Sebastian Holdings Inc. [2013] EWHC 3463 (Comm)).

Baylin v Canada Life International – In 2016, he acted for Canada Life in a claim by 84 investors who had invested in certain funds via life assurance wrappers provided by an offshore insurance company. His client was alleged to have breached various regulatory provisions and implied terms in the investors’ policies regarding the selection and supervision of the funds.

RP Explorer Master Fund v Sanjay Malhotra and others – In 2015, he acted for a Portuguese bank in a US$77m conspiracy claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. In the course of these proceedings he obtained an order from the English court authorizing his client to disclose information and documents that are subject to strict obligations of Portuguese banking secrecy – this was unprecedented as a matter of English law.

Aberdeen Global (Luxembourg) v Satyam Computer Services Limited – In 2012, he acted for the Aberdeen Asset Management Group in a $150m claim against Satyam Computer Services Limited (now Mahindra Satyam). In 2009 the company was found to have overstated its accounts by over $1bn (the ensuing public scandal became known as ‘India's Enron’). Having invested substantial amounts in Satyam shares, Aberdeen issued proceedings in the Commercial Court claiming damages for fraud. Satyam challenged the jurisdiction and, after a four-day hearing, the parties settled the claim for $68m.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

A highly regarded silk with a broad commercial chancery practice, which encompasses shareholder disputes and fraud claims. He appears in High Court, Appellate Court and international commercial arbitration proceedings. His extensive cross-border expertise extends across the BVI, the Bahamas, Dubai and Singapore.

‘Really very meticulous and does an incredible job. He gets into the detail and makes everything cast iron.’ (Chambers UK 2022 – Company)

He has acted in innumerable shareholder disputes, section 994 petitions and derivative actions (including some of the largest claims ever litigated in England). He is often involved in company claims against directors and other fiduciaries and in corporate joint venture disputes. In his wider commercial practice, his knowledge and experience of company law enables him to identify company law issues that other practitioners might miss.

He also frequently acts in disputes relating to large and complex corporate transactions. In this context he has considerable experience, not only of warranty and indemnity claims, but also of the provisions and principles (including accountancy principles) to be applied in determining or adjusting the consideration payable for the target company.

Notable cases over the past ten years include:-

He is currently acting on a claim to rectify a sale and purchase agreement intended to give effect an internal reorganisation of a restaurant and hotel group of companies.

Re Adrian Hyde, Richard Toone, Adrian Rabet (Joint Administrators of Betindex Limited) [2021] EWHC 1542 (Ch) – Following the collapse of a high profile gambling company called Betindex Ltd, the company’s administrators sought directions as to the proper distribution of funds in a “client account” held on the terms of a trust intended to provide protection to its customers. eHe acted for the party whom the court had appointed to represent the interests of a wide class of potential beneficiaries.

Shandong Offshore Investment (HK) Co Ltd v Johan Fredrik Andresen – Between 2019 and 2021, he acted for the defendant in a derivative claim brought against a company director for negligence. The claim was ultimately dismissed.

Re Edwardian Group Limited [2019] 1 B.C.L.C. 171 – He acted for the majority shareholders in this unfair prejudice petition relating to a £1 billion hotel group. After a seven-week trial, the claim against his clients was dismissed. The case dealt with numerous issues concerning the unfair prejudice jurisdiction, including the approach to be adopted towards family trust shareholders where a quasi-partnership is alleged and, where a buyout order is made, backdating the valuation date and applying a discount for minority holding or sharing a control premium. (At an earlier hearing in the same case, he had obtained an order striking out some of the evidence given by the petitioner’s expert: [2017] EWHC 3112 (Ch)).

Novatrust Ltd v Kea Investments Ltd – In 2016, he acted for the claimant in an appeal from a decision dismissing its claims regarding a £130 million joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

Fern Advisors Limited v Adrian Burford and others [2014] BPIR 581 – He acted for a private equity company which alleged that its former chief executive had dishonestly misappropriated more than £12m from it. After a two-day hearing, he obtained summary judgment on this fraud claim, the Judge finding that the chief executive had forged bank statements, letters and other documents and had even impersonated Fern's auditors online in order to conceal what he had done. As well as awarding damages and compound interest, the Court declared that Fern was entitled to an equitable charge over a £9 million country estate that the defendant had bought with its money.

Antonio Gramsci Shipping Corp v Recoletos Ltd [2014] 1 BCLC 581; [2013] 4 All ER 157 and [2013] 2 Lloyd's Rep. 295 (Court of Appeal) and [2012] 2 Lloyd's Rep 365 (Teare J) – Acting for a defendant in a £100m shipping fraud claim, he successfully challenged the jurisdiction of the court after a five-day hearing on the basis that it is not possible to establish this under the Brussels Regulation by piercing the corporate veil. The claimants appealed, effectively arguing that the corporate veil should be pierced under European law. The appeal was dismissed, as was the claimants' application for permission to appeal to the Supreme Court.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

A highly regarded silk with a broad commercial chancery practice, which encompasses shareholder disputes and fraud claims. He appears in High Court, Appellate Court and international commercial arbitration proceedings. His extensive cross-border expertise extends across the BVI, the Bahamas, Dubai and Singapore.

'One of the pre-eminent fraud barristers out there. He provides forensic insights into cases.’ (Chambers UK 2022 – Commercial Dispute Resolution)

He enjoys an extensive commercial practice, from straightforward contract and tort cases to esoteric disputes involving complex suites of contracts, economic torts, fiduciary allegations and proprietary claims.

Equally at home in the Commercial Court and the Chancery Division, he often acts in offshore cases. His range of expertise is unusually wide, which allows him to identify and deal with issues that others might miss – for example, company, and insolvency, trust or property law issues.

He has experience of a wide range of commercial transactions, including for example CDO transactions, commercial leasing transactions, corporate acquisitions, derivatives (including swaps), all forms of financing transactions, fund management contracts, software and other IT licenses (including FRAND licenses), mobile virtual network operator contracts, PFI transactions and securitizations.

Notable cases over the past ten years include:-

Union of Shop, Distributive and Allied Workers and others v Tesco Stores Ltd [2022] EWCA Civ 978 – He represented Tesco in its successful appeal against a decision of Ellenbogen J, who had granted a permanent injunction to prevent Tesco dismissing employees in order to remove a guaranteed, permanent pay supplement known as “retained pay”. Discharging that injunction, the Court (1) held that the employees’ right to retained pay would last only as long as the contract in which it was contained, (2) refused to imply any term preventing Tesco exercising its right to give its employees notice of termination so as to remove retained pay, (3) rejected USDAW’s alternative case in estoppel; and (4) held that the Judge should not have issued an injunction in any event. See here.

Re Adrian Hyde, Richard Toone, Adrian Rabet (Joint Administrators of Betindex Limited) [2021] EWHC 1542 (Ch) – Following the collapse of a high profile gambling company called Betindex Ltd, the company’s administrators sought directions as to the proper distribution of funds is a “client account” held on the terms of a trust intended to provide protection to its customers. He acted for the party whom the court had appointed to represent the interests of a wide class of potential beneficiaries.

Dennis & Anor v Spink Construction Ltd – He represented Ron Dennis, the former owner of the McLaren Formula One racing team and one of the UK’s richest men, in a complex series of claims and counterclaims concerning a £100 million+ project to acquire an estate and develop it into one of the finest country houses in England.

Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another – He was instructed by Bernie Ecclestone in this £500m-plus bribery claim alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. This was also one of The Lawyer’s Top 20 cases for 2018.

Macdonald Hotels Ltd v Bank of Scotland – He acted for Bank of Scotland in a £138m claim by a customer alleging that his client had breached a duty of good faith by not lending a sufficient amount to maintain its core business and by requiring it to buy interest rate caps. The case also raised claims of LIBOR misrepresentation.

Libyan Investment Authority v Société Générale – In 2017, he acted for Société Générale in a claim based on allegations that the LIA was induced to invest more than £2 billion in various structured investment products as a result of bribery of senior Libyan officials in the Gaddafi regime. This was one of The Lawyer’s Top 20 cases for 2017.

2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, he represented The Financial Times in a claim alleging that it had conspired with The Guardian and others to unlawfully injure the claimant. The unlawful means which they are alleged to have used included misuse of confidential information and breach of contract.

Baylin v Canada Life International – In 2016, he acted for Canada Life in a claim by 84 investors who had invested in certain funds via life assurance wrappers provided by an offshore insurance company. His client was alleged to have breached various regulatory provisions and implied terms in the investors’ policies regarding the selection and supervision of the funds.

Wabtec UK Holdings Ltd v Baron Tanlaw and others – In 2015 and 2016, he acted for the sellers of an international rail industry manufacturing group in a series of warranty claims by the purchaser, a subsidiary of the Westinghouse group. The purchaser claimed that, at the time of the sale, the target group was in breach of various large supply contracts, which were governed by the laws of several jurisdictions. The claims raised interesting issues of foreign law, contractual construction and valuation.

RP Explorer Master Fund v Sanjay Malhotra – In 2015, he acted for the bank in this $77m claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. The claimant alleged that the bank had facilitated a conspiracy to obtain $200m from investors by means of various deceits concerning an allegedly fictitious project to construct an oil refinery in India.

Novatrust Ltd v Kea Investments Ltd BVIHC (Com) 2014/46; [2014] EWHC 4061 (Ch) – He acted in this cross-border £130m joint venture dispute involving proceedings in England (commenced by Novatrust) and the BVI (commenced by Kea). There were jurisdiction challenges and appeals in both proceedings.

Antonio Gramsci Shipping Corp v Recoletos Ltd [2014] 1 BCLC 581 – Acting for a defendant in a £100m shipping fraud claim, he successfully challenged the jurisdiction after a five-day hearing, on the basis that it was not possible to establish this under the Brussels Regulation by piercing the corporate veil. The claimants’ appeal, effectively arguing that the corporate veil should be pierced under European law, was dismissed, as was their application for permission to appeal to the Supreme Court.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

A much-liked silk whose commercial chancery practice covers a wide array of matters, including appellate proceedings, offshore litigation, and insolvency proceedings. He is also noted for his work in civil fraud and is appreciated for his calm and personable approach. (Chambers Global 2021– Dispute Resolution: Commercial Chancery)

He has acted in a number of cases involving the misuse of commercially valuable confidential information and has also acted in personal privacy cases.

Notable cases over the past ten years include:-

2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, he represented The Financial Times in a claim alleging that it had conspired with The Guardian and others to unlawfully injure the claimant. The unlawful means which they were alleged to have used included misuse of confidential information.

RP Explorer Master Fund v Sanjay Malhotra and others – In 2015, he acted for a Portuguese bank in a US$77m conspiracy claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. In the course of these proceedings, he obtained an order from the English court authorizing his client to disclose information and documents that are subject to strict obligations of Portuguese banking secrecy – this was unprecedented as a matter of English law.

Geoffrey Logue and another v Project Grande (Guernsey) Ltd and others – In 2013, he acted for the Candy brothers and their associated companies in a £12m conspiracy claim. This hotly disputed case related to the One Hyde Park development and the unlawful means alleged included breach of confidence and the torts of abuse of process and unlawful interference.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

‘One of the pre-eminent fraud barristers out there. He provides forensic insights into cases.‘ (Chambers Global 2022 – Dispute Resolution; Commercial)

Runs a busy commercial chancery practice and takes on significant fraud litigation and arbitration work, much of which originates offshore in regions such as the Caribbean and the Middle East. He has dealt with the full swathe of allegations including conspiracy, deceit and breach of contract.

He has acted in countless fraud and conspiracy cases over the years and has huge experience of the various forms of damages, restitutionary and proprietary claims to which such cases give rise, including tracing claims made by way of ancillary proceedings in other countries.

He also has great experience of freezing orders, search and seizure orders, confidentiality/privacy orders, and third party disclosure orders, both in England and in numerous offshore jurisdictions such as Jersey, the BVI, the Cayman Islands, Bermuda and the Bahamas.

Notable cases over the past ten years include:-

Dennis & Anor v Spink Construction Ltd & Ors – He represented Ron Dennis, the former owner of the McLaren Formula One racing team and one of the UK’s richest men, in a complex fraud claim concerning a £100 million+ project to acquire an estate and develop it into one of the finest country houses in England.

Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another – He was instructed by Bernie Ecclestone in this £500m-plus bribery claim alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. This was one of The Lawyer’s Top 20 cases for 2018.

Macdonald Hotels Ltd v Bank of Scotland – He acted for Bank of Scotland in a novel £138m claim by a customer alleging that his client had breached a duty of good faith by not lending a sufficient amount to maintain its core business and by requiring it to buy interest rate caps. The case also raised claims of LIBOR misrepresentation.

Libyan Investment Authority v Société Générale (Teare J) – In 2017, he acted for Société Générale in a claim based on allegations that the LIA was induced to invest more than £2 billion in various structured investment products as a result of bribery of senior Libyan officials in the Gaddafi regime. This was one of The Lawyer’s Top 20 cases for 2017.

2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, he acted for The Financial Times in a claim alleging that it had conspired with The Guardian and others to unlawfully injure the claimant.

RP Explorer Master Fund v Sanjay Malhotra and others – In 2015, he acted for a Portuguese bank in a US$77m conspiracy claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. In the course of these proceedings, he obtained an order from the English court authorizing his client to disclose information and documents that are subject to strict obligations of Portuguese banking secrecy – this was unprecedented as a matter of English law.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

A much-liked silk whose commercial chancery practice covers a wide array of matters, including appellate proceedings, offshore litigation and insolvency proceedings. (Chambers Global 2021 – Commercial Chancery)

He has extensive and far-reaching experience of all kinds of insolvency and restructuring-related work. This often arises within the context or broader commercial disputes, where his unusually broad experience allows him to identify and deal with insolvency-related issues that others might miss.

Notable cases over the past ten years include:-

Re Adrian Hyde, Richard Toone, Adrian Rabet (Joint Administrators of Betindex Limited) [2021] EWHC 1542 (Ch) – Following the collapse of a high profile gambling company called Betindex Ltd, the company’s administrators sought directions as to the proper distribution of funds is a “client account” held on the terms of a trust which was intended to provide protection to its customers in the event of its insolvency. He acted for the party whom the court had appointed to represent the interests of a wide class of potential beneficiaries.

Kea Investments Ltd v Novatrust Ltd – In 2014 and 2015, he acted for the respondent to a BVI winding up application, in which he challenged the jurisdiction of the BVI court to make a just and equitable winding up order in respect of a BVI company. He also acted in the subsequent appeal to that jurisdiction challenge, in relation to which the applicant agreed terms for the appeal to be allowed.

In 2015, he acted for a major bank in relation to an application in the administration of a group of companies, to which it had leant substantial sums. The controlling shareholder in the group made serious allegations against the bank and the administrators, including that they had conspired to force the group to go into administration.

In 2013 and 2014, he represented a major bank in a large number of administration petitions against a group of companies, which had borrowed £250m, as well as entering into a substantial interest swap with it, on the security of various portfolios of ground rent assets. In an attempt to prevent enforcement, the defendants made serious allegations against the bank, including LIBOR rigging and conspiracy to injure by unlawful means.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

'A class act – he gets into the detail, considers all the angles and gets the right result.’ (Legal 500 2022 – Company and Partnership)

A popular silk with a broad practice that includes banking, shareholder disputes, insolvency and partnership matters.

A leading silk in the field of Company law, he has acted in innumerable shareholder disputes, section 994 petitions and derivative actions involving joint venture companies, and is frequently instructed in corporate joint venture disputes. In his wider commercial practice, his knowledge and experience of company and partnership litigation enables him to identify issues which other practitioners might miss.

Notable cases over the past ten years include:-

Re Edwardian Group Limited [2018] EWHC 1715 (Ch) – He acted for the majority shareholders in this unfair prejudice petition relating to a £1 billion hotel group – after a seven-week trial, the claim against his clients was dismissed. The case dealt with numerous important issues concerning the unfair prejudice jurisdiction, including the approach to be adopted towards family trust shareholders where a quasi-partnership is alleged and, where a buyout order is made, backdating the valuation date and applying a discount for minority holding or sharing a control premium.

Novatrust Ltd v Kea Investments Ltd – In 2016, he acted for the claimant in a successful appeal from a decision dismissing its claims regarding a £130 million joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

He acted for the claimants in an LCIA arbitration of a £100m claim for serious breaches of a joint venture arrangement regarding a large bank in an eastern European country, which was alleged to have resulted in a huge, involuntary dilution of the bank's majority shareholders.

See also the ‘Company’ section and the ‘Other Notable Cases Over the Years’ sections of this CV.

A much-liked silk whose commercial chancery practice covers a wide array of matters, including appellate proceedings, offshore litigation and insolvency proceedings. He is also noted for his work in civil fraud and is appreciated for his calm and personable approach.

‘He remains a go-to silk for banking and commercial matters. He’s fantastic – hard-working, incredibly intelligent, and a great team player with excellent judgement. He’s never been known to put in a bad performance. He’s a thoroughly nice human being.’ (Chambers UK 2022 – Dispute Resolution: Commercial Chancery)

Runs a busy commercial chancery practice and takes on significant fraud litigation and arbitration work, much of which originates offshore in regions such as the Caribbean and the Middle East. He has dealt with the full swathe of allegations including conspiracy, deceit and breach of contract.

‘He is very quick and clever.’ ‘A robust advocate.’ ‘A phenomenally clever barrister who is forensic and precise.’ (Chambers UK 2021 – Fraud: Civil)

A popular silk with a broad practice that includes banking, shareholder disputes, insolvency and partnership matters. He is an excellent litigator who takes a cerebral approach to legal problems. Sources commend him for his offshore litigation and international arbitration work.

‘He’s a fantastic advocate who’s very bright and has fantastic client-handling skills.’ (Chambers Global 2020 – Dispute Resolution: Commercial Chancery)

Frequently seen in High Court and appellate proceedings, offshore litigation and international arbitration, he is active in company, fraud and banking work.

''He has shown great skill in getting to grips with complex accounting issues and is a good team player.’ ‘He’s extremely bright and good on his feet’.’ (Chambers Global 2018 – Dispute Resolution: Commercial)

He has a highly international practice and has amassed substantial experience of multinational litigation and arbitration. He has acted in many jurisdictional disputes and forum challenges and regularly deals with conflicts issues and cases involving expert evidence of foreign law, including the law of the Netherlands, France, Germany, India, Iran, Japan, the Lebanon, Russia, Spain and Switzerland, as well as Sharia’a law.

He has acted or advised in man’ cases in offshore jurisdictions, including Bermuda, the Bahamas, the BVI, the Cayman Islands, the Channel Islands, Panama and the United States. Over the years, he has been admitted as a member of the Bar in the Bahamas and the BVI, and has been registered as a foreign lawyer to appear before the Singapore International Commercial Court (SICC) and as an advocate in the Dubai International Financial Centre Courts (DIFC).

He has also advised governments on state immunity and related issues, and acted as an English law expert in proceedings in Switzerland, the United States and Norway.

Notable cases over the past ten years include:-

Novatrust Ltd v Kea Investments Ltd – In 2016, he acted for the claimant in a successful appeal from a decision dismissing its claims regarding a £130 million joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

He spent much of 2015 acting in a $150m ICC arbitration in Germany concerning the acquisition of a bank in a CEE country, which subsequently collapsed into insolvency. The arbitration involved German law claims for wilful deceit, culpa in contrahendo, breach of contract and restitution (there were no English law issues).

Myriad Group AG v Oracle America Inc – In 2014, he acted for Oracle America in a $120m+ UNCITRAL arbitration relating to Oracle’s FRAND licensing regime for Java software. The dispute began with litigation in California and Delaware, but it ultimately resulted in arbitration in London, where he was lead counsel for Oracle. The claim and the arbitration were governed by US law.

Antonio Gramsci Shipping Corp v Recoletos Ltd [2014) 1 BCLC 581; [2013] 4 All ER 157 and [2013] 2 Lloyd's Rep. 295 (Court of Appeal) and [2012] 2 Lloyd's Rep 365 (Teare J) – Acting for a defendant in a £100m shipping fraud claim, he successfully challenged the jurisdiction of the court after a five-day hearing on the basis that it is not possible to establish this under the Brussels Regulation by piercing the corporate veil. The claimants appealed, effectively arguing that the corporate veil should be pierced under European law. The appeal was dismissed, as was the claimants' application for permission to appeal to the Supreme Court.

Aberdeen Global (Luxembourg) v Satyam Computer Services Limited – In 2012, he acted for the Aberdeen Asset Management Group in a $150m claim against Satyam Computer Services Limited (now Mahindra Satyam). In 2009, the company was found to have overstated its accounts by over $1bn (the ensuing public scandal became known as ‘India's Enron’). Having invested substantial amounts in Satyam shares, Aberdeen issued proceedings in the Commercial Court claiming damages for fraud. Satyam challenged the jurisdiction and, after a four-day hearing, the parties settled the claim for $68m.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

‘Utterly meticulous in his preparation.’ ‘Anthony is an impressive strategist with a keen eye for detail, who’s great at finding the pressure points in a case.’ (Chambers Global 2020 – Dispute Resolution: Commercial)

As a heavyweight commercial silk, he has acted over the course of his career in a number of important matters in the TMC sector, during the course of which he has gained an extensive knowledge of both the operation of complex IT and communications systems, and the complexities of the associated regulatory regimes.

Notable cases in the last ten years include:-

The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, he acted for The Financial Times in a claim alleging that it conspired with The Guardian and others to unlawfully injure the claimant.

Re Atex Group Ltd – In 2014, he acted for the respondent in an unfair prejudice petition relating to a large media company whose principal business is digital content management, advertising and distribution systems.

See also the ‘Other Notable Cases Over the Years’ section of this CV.

Ash & Newman v Creative Devices Research [1991] BCLC 403 This case decided whether an administrative receiver should be restrained by injunction from dealing in property which is subject to a right of pre-emption.

Re Freudiana Holdings Limited In 1992/3, he acted for the respondent in one of the longest ever unfair prejudice petitions, the trial of which occupied over a year. The respondent succeeded on every significant issue. Ultimately, the petitioner made himself bankrupt and the respondent obtained an order for the costs of the trial (summarily assessed at £2m). These costs were recovered by obtaining a third costs order against the petitioner's pension fund, which had funded the petition.

Knight v Lawrence [1993] BCLC 215 This case established that an LPA receiver appointed by a creditor owes a duty of care to a guarantor of the debtor.

Re Mineral Resources Limited [1999] 1 All ER 746 This case considered whether a waste management licence can be disclaimed by a liquidator as onerous property under the Insolvency Act.

Corporacion Nacional del Cobre de Chile v Sogemin Metals Ltd [1997] 1 WLR 1396 This case established that contributory negligence cannot be a defence to a claim based on bribery.

Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd [1998] 1 W.L.R. 1426 and Securum Finance Ltd v Ashton (No.1) [2001] Ch. 291 Two strike out applications regarding the same claim, each based on delay (Court of Appeal).

Dardana Limited v Yukos Oil Company [2002] 2 Lloyds Rep 261 (Commercial Court) and [2002] 2 Lloyds Rep 326 (Court of Appeal) A case regarding the enforcement of an arbitral award pursuant to the New York Convention.

Bowthorpe Holdings Ltd v Hills [2003] 1 BCLC 226 A joint venture case relating to an offshore fund management operation.

Christopher Evans v SMG [2003] All ER (D) 348 He acted for Virgin Radio and SMG in the widely publicised claim brought by Chris Evans.

Jewson v Kelly [2004] 1 Lloyds Rep 205 A Court of Appeal case on the proper scope and effect of the fitness for purpose/merchantable quality terms implied under the Sale of Goods Act.

Marketmaker Ltd v CMC Group Pie [2004] All ER (D) 99 Acting for the defendant, he successfully discharged injunctions that the claimants had obtained without notice. He subsequently obtained an order that the claimants pay indemnity costs on the basis (amongst other things) that they had breached their duty of full and frank disclosure. He ultimately secured a stay of the entire proceedings on the basis of the claimants' abusive conduct.

He acted for the producers of "Riverdance - The Show" in an action brought by Michael Flatley. 

He acted for Tony Visconti in a claim to ownership of the many recordings which Tony Visconti had produced for Marc Bolan and T. Rex. 

Catalyst Investment Group Ltd v Lewinsohn [2010] Ch 218 A case deciding that it was not open to the court to interpret and apply the Brussels Regulation reflexively so as to enable it to exercise a discretion to stay proceedings on traditional forum conveniens or lis alibi pendens grounds. 

Giedo Van der Garde BV v Force India Formula One Team [2010] EWHC 2373 (QB) – acting for the claimant racing driver, he succeeded in obtaining substantial damages for breach of contract notwithstanding the absence of proof of financial loss.  The case as a notable authority on performance interest damages and Wrotham Park damages.

Gregory Projects (Halifax) Ltd v Tenpin (Halifax) Ltd [2010] 2 All E.R. (Comm) 646 A dispute about whether proposed tenant under a conditional agreement for lease from a developer of a large commercial development was entitled to terminate the agreement and thereby avoid taking the lease once the development was complete.

STV v ITV – In 2011, he acted for STV in their disputes with ITV plc regarding the manner in which the affairs of ITV Network Ltd, the company in which they were all shareholders and which operated the Channel 3 network, were being conducted.

Pell Frischmann Engineering Ltd v Bow Valley Ltd [2011] 1 WLR 2370 – For several years, he worked with Jersey Advocates on a claim in Jersey involving the abuse of confidential information relating to a valuable oilfield development contract in Iran. At trial, damages were awarded for abuse of confidence, while in the Court of Appeal it was held that negotiation/ license fee damages (i.e. damages on a Wrotham Park basis) should have been awarded. Subsequently, he appeared on his clients' successful appeal to the Privy Council.