Camilla Bingham KC
Barrister
Call 1996 Silk 2013
Camilla was called to the bar in 1996 and took silk in 2013. She has also been called to the Bars of the Grand Court of the Cayman Islands, the British Virgin Islands (BVI) and Bermuda and is registered with DIFC on the Register of Practitioners (Part II) in Dubai.
Camilla's practice covers the broad spectrum of company and commercial law arising both domestically and internationally in litigation and arbitration. She has particular expertise in issues concerning jurisdiction and conflict of laws, civil fraud and financial investigations, and she is a former contributor to Gore-Browne on Companies.
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Examples of Recent Cases
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Arbitration
- ICC Case No 28201/AJP (2024)
For the Claimant seeking interim measures in proceedings arising out of a joint venture for the provision of online sports betting and gaming services in Mexico - LCIA Case No 215302 (2023)
For the Defendant in proceedings arising out of a bond issuance by a Ukrainian bank. The dispute centred on the nature and scope of the duties owed by a joint lead manager in circumstances where the issuer is engaged in market manipulation. - LCIA Case No 204583 (2021)
For the First Respondent in proceedings arising out of a multi-million dollar investment in a fertiliser plant in sub Saharan Africa by investors in two Cayman exempted limited partnerships. Issues include rescission for fraud, the construction of termination provisions of a shareholders’ agreement, the validity of call notices and share valuation. - LCIA Case No 183927 (2019-2020)
For a private equity house in proceedings arising out of an investment in a male grooming business. Issues included breach of restrictive covenants, the wrongful institution of insolvency proceedings, breaches of co-operation and non-prevention provisions. Emergency relief obtained prior to constitution of the arbitral tribunal pursuant to Article 9B of the LCIA Rules. - LCIA Case No 163535 (2019)
Geneva seated arbitration seeking declaration as to the accrual of drag sale rights under a Subscription and Shareholders' Deed. - T v. Allianz & Anr (2014)
For the insured in proceedings for a liability declaration in respect of defence costs. Issues included the reach of a Specific Matters Exclusion and whether a provision requiring the insured to obtain prior written consent to the incurring of costs amounted to a condition precedent to insurers’ liability. - Nomihold Securities Inc v. Mobile Telesystems Finance SA (Comm) (2011/2012)
For the Respondent's parent company (with Iain Milligan KC) in Commercial Court proceedings in relation to enforcement issues arising out of an LCIA award for specific performance of a $200m share put option agreement. - ICSID Proceedings
For the investor in Azpetrol International Holdings BV & Ors v. Azerbaijanan (No. ARB/06/15 02 September 2009) pursuant to the Energy Charter Treaty 1994. - A v. T - LCIA Proceedings
Acting (with Lord Grabiner KC) in arbitration proceedings concerning a long term contract for the sale and purchase of alumina. Among the preliminary issues for the tribunal was the question of whether the Henderson principle is applicable in arbitration.
- ICC Case No 28201/AJP (2024)
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Banking and Financial Services
"Camilla's no-nonsense approach and ability to get straight to the heart of an issue is second to none." (Chambers & Partners 2024 - Banking and Finance)
- LLC Eurochem North-West-2 -v- Société Générale & ING Bank [2023] EWHC 2720 (Comm)
Representing ING in a claim brought by Eurochem for payment pursuant to performance bonds issued in connection with a project for the design and construction of a fertiliser plant in Russia. ING has declined payment on the basis that Eurochem is owned / controlled by Andrew Igorevich Melnichenko, a Russian entrepreneur who was designated under Council Regulation (EU) 269/2014 on 9 March 2022. Eurochem’s bid for interim relief was refused by Butcher J in November 2023. Trial of the action is due to take place in 2025. - PIFSS v Al Rajaan & Ors
For EFG, leading Amy Rogers K.C, and Harry Stratton. Representing a Swiss bank in proceedings brought by the Kuwaiti Public Institution for Social Security in respect of secret commissions alleged to have been received by its former director general. Trial of the action is due to take place 2025 - Frasers Group Plc v Morgan Stanley & Co International Plc (2024)
For Morgan Stanley, leading James MacDonald KC and Richard Mott. The proceedings brought by the British retailer group (formerly Sports Direct) centred on economic torts said to arise out of a $900 million odd margin call in respect of options in Hugo Boss AG. - iCSF Capital Limited v Khaleefa Butti & Anr
For the Claimant, leading Tom Pausey, in proceedings for the recovery of a loan facility extended to the Emirates Hospitals Group and guaranteed by the Defendants. - Stormharbour Securities LP v Noor Bank PJSC
For the bank, leading Daniel Fletcher, in a claim proceeding in the DIFC for sums allegedly due in connection with a sharia-compliant aviation finance transaction. - Roman Pipia v BGEO Group Ltd [2021] EWHC 86 (Comm)
Counsel for Roman Pipia, leading Amy Rogers and Matthew Hoyle. In the context of his claim that he was deprived of a valuable fertiliser plant contrary to Article 992 of the Georgian Civil Code, Mr Pipia sought successfully to compel disclosure of the personal mobile telephone records of the Defendant’s former CEO. - Mercuria Energy Trading Pte Ltd v Deutsche Bank AG (2020)
Counsel for Deutsche Bank, leading Adam Rushworth, in proceedings arising out of aluminium trading in China in 2014. - Helix SubCo Sarl v Bank of Cyprus (2020)
Counsel for the Claimant, leading Ben Lewy, in proceedings arising out of the purchase of a secured loan portfolio. - Barclays Insurance (Dublin) Limited & Anr -v- BCWO Limited (2015)
Representing the Claimant in High Court proceedings for the delivery up of confidential data, damages and injunctive relief. - Monex Financial Services Ltd v. Global Payments Europe s.r.o. (2013)
For the Defendant in Commercial Court proceedings concerning the supply of dynamic currency conversion services in the ATM environment. Issues included rescission, frustration, repudiation and the reach and efficacy of certain exclusion clauses. - In re Endemol; In re Mauser (2010)
With Lord Grabiner KC, advising a group of senior lenders in relation to the accounting treatment of debt buy-backs. - Celtel Nigeria v. First Bank of Nigeria Plc & Ors (2009)
With Steven Gee KC, acting as Junior Counsel for the claimant borrower in a Part 8 Commercial Court claim concerning the construction of loan documents; the issue was whether a change in the monetary policy rate announced by the Central Bank of Nigeria entitled the defendant banks to accelerate repayment or declare an event of default. - Catalyst Investment Group Ltd v. Lewinsohn & Anr (2009)
With Anthony de Garr Robinson KC, advising the corporate finance house in a dispute concerning secured convertible promissory notes and the obligations owed to noteholders by a collateral agent under the terms of an intercreditor agreement and related loan documents. - Barclays Mercantile Business Finance Ltd v. Mawson (Inspector of Taxes) [2004] UKHL 51; CA [2003] STC 66
With Graham Aaronson KC. Finance leasing and capital allowances. The question was whether BMBF was entitled to writing-down allowances pursuant to s. 24(1) CAA 1990 by reason of its acquisition of a gas pipeline. - HSBC Life (UK) Ltd & Ors v. HMIT [2002] STC (SCD) 9
With Graham Aaronson KC and Terence Mowschenson KC. Junior Counsel for the consortium of life insurance companies. Derivative contracts had been concluded to hedge risks in respect of index-linked bonds issued by life companies. The question was whether those contracts amounted to "loan relationships" within s. 81 Finance Act 1996. - Griffin (HMIT) v. Citibank Investments Ltd [2000] STC 1010 (Patten J)
Junior Counsel (with Graham Aaronson KC) for the respondents. The question was whether certain ISDA options were "qualifying options" within s. 128 ICTA 1988. - Financial Services Authority
Preparing a report for the FSA on the conduct of certain registered individuals in connection with copper trading on the LME. - Advising a registered equity trader in relation to disciplinary proceedings brought by the FSA.
- LLC Eurochem North-West-2 -v- Société Générale & ING Bank [2023] EWHC 2720 (Comm)
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Breach of Warranty
- Helix SubCo Sarl v Bank of Cyprus (2020)
Representing the Claimant in proceedings arising out of the purchase of a secured loan portfolio. - Chilcott UK Ltd v Patel (2019)
Leading Derek Spitz for the Second Defendant in proceedings arising out of the sale of a pharmaceutical business. The proceedings centred on certain antitrust warranties alleged to have been breached. Among the questions was whether Claimants were entitled to an indemnity from Defendants in respect of any fines imposed by the CMA in relation to competition law infringements, and 'follow-on' damages claims consequent on any adverse decision by the CMA, or whether the recovery of such losses was barred by the ex turpi causa doctrine. - Cavendish Square Holding BV & Anr v. Talal El Makdessi [2015] UKSC 67
Is the leading case on the common law doctrine of penalties. With Michael Bloch KC, representing the Defendant in proceedings arising out of the sale of a group of advertising businesses in the Middle East. Among the issues which arose and were considered by the Court of Appeal were (1) whether two clauses in the share sale agreement were penalties [2013] EWCA Civ 1539 and (2) whether the Claimants should be granted permission to apply for the committal of the Defendant on the ground that he had signed a false statement of truth [2013] EWCA Civ 1540 - Professional Costs Management Group Ltd v Easynet Ltd, July 2012
Counsel for the Defendant. The case centred on the claimant’s entitlement in contract or restitution to fees in respect of telecoms costs savings achieved on its recommendation. - SGI (Holdings) Ltd v. Interservefm Ltd
Junior Counsel (with Charles Hollander KC) in Chancery Division proceedings concerning the breach of an accounting warranty contained in a share sale agreement. - WH Smith Trading Ltd v. Fujitsu Siemens
Advising and representing Siemens in Technology & Construction Court proceedings concerning a performance warranty in respect of computer hardware and software. - Brico Holdings Ltd v. Thompson
Advising Brico on the prospects of a claim for breach of a profitability warranty contained in a share sale agreement.
- Helix SubCo Sarl v Bank of Cyprus (2020)
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Civil Fraud and Investigations
"Camilla is very committed, really gets into the detail of matters and rolls up her sleeves. She is very thoughtful, excellent on her feet and a pleasure to work with." (Chambers & Partners 2024 - Civil Fraud)
- PIFSS v Al Rajaan & Ors
For EFG, leading Amy Rogers K.C. and Harry Stratton. Representing a Swiss bank in proceedings brought by the Kuwaiti Public Institution for Social Security in respect of secret commissions alleged to have been received by its former director general. Trial of the action is due to take place in 2025. - iCSF Capital Limited v Khaleefa Butti & Anr
For the Claimant, leading Tom Pausey, in proceedings for the recovery of a loan facility extended to the Emirates Hospitals Group and guaranteed by the Defendants. The Defendants contend that their signatures on the guarantees were forged and that the signatories to the loan facility lacked authority to commit EHG to the transaction. - Wilton Trustees (IOM) Ltd & Anr v AFS Trustee & 26 Ors (2020)
Counsel for the Claimant trustees in proceedings in the BVI arising out of the collapse of Steinhoff International Holdings Ltd. Cs allege that Ds conspired to misappropriate part of the trust estate, being a portfolio of North London properties. - Auden McKenzie & Ors v Patel (2019)
Leading Simon Atrill and Ian Bergson for the Second Defendant in proceedings arising out of the sale of a pharmaceutical business. The vendors were accused of deceit and breach of fiduciary duty, Approval sought and obtained under CPR 21.10 for a settlement after D2 obtained protected party status. - Pinchuk v Bogolyubov & Kolomoisky (2015)
With Tony Grabiner, advising Pinchuk on the launch of High Court proceedings concerning the misappropriation of a stake in a Ukrainian mining enterprise. - Even Wahr Hansen & Ors v. Compass Trust Company & Ors
Camilla spent nearly four years on this litigation in the Grand Court of the Cayman Islands. The claimant was a representative of the State of Norway, and the thirteen defendants were accused of having misappropriated assets held on resulting trust for the estate of a Norwegian Shipowner. The ground covered included breach of trust, breach of fiduciary duty, accessory liability, the defences of laches and acquiescence, estoppel, tax gathering and abuse of process.
- PIFSS v Al Rajaan & Ors
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Commercial Dispute Resolution
"Incredibly approachable and is a highly-skilled advocate – her knowledge of her field is awesome; her insights into strategy invaluable." (Legal 500 2020 - Commercial Litigation)
"She has the ability to cut through complicated issues and present them in a way that appeals to a judge." "A phenomenal advocate who can cross-examine like few others, she is both charming and persuasive." (Chambers & Partners 2020 - Commercial Dispute Resolution)
"Her advocacy is first class and her cross-examination skills are up there with the best." (Legal 500 2019 - Commercial Dispute Resolution)
"Insightful, super-intelligent, charming, down-to-earth, and an excellent advocate who has real chemistry with the client." "She can read the court well." Chambers & Partners UK 2019"Her combination of great intellect, stratefic insight and interpersonal skills make her a class act." Legal 500 2018 - Commercial Dispute Resolution)
- Dolphin Capital Partners Ltd v DCI Advisors Ltd [2024] EWHC 678 (Comm)
For the Claimant (leading Daniel Benedyk) in a dispute concerning the termination of an investment management agreement. D contended that C had failed, in breach of fiduciary and/or contractual duties, to disclose the full extent of its interest in the disposal of one of D’s assets. - LLC Eurochem North-West-2 -v- Société Générale & ING Bank [2023] EWHC 2720 (Comm)
Representing ING in a claim brought by Eurochem for payment pursuant to performance bonds issued in connection with a project for the design and construction of a fertiliser plant in Russia. ING has declined payment on the basis that Eurochem is owned / controlled by Andrew Igorevich Melnichenko, a Russian entrepreneur who was designated under Council Regulation (EU) 269/2014 on 9 March 2022. Eurochem’s bid for interim relief was refused by Butcher J in November 2023. Trial of the action is due to take place in 2025.
- In the Matter of iKang Healthcare Group, Inc (Grand Court, 21 June 2023)
For the Petitioner, seeking a fair value appraisal pursuant to section 238 of the Companies Law (2013 Revision) in the Grand Court of the Cayman Islands against the backdrop of a going private transaction in 2018. The Grand Court’s judgment on the ‘fair rate of interest’ is awaited following a hearing in June of 2024.
- Super-Max Offshore Holdings & Actis Consumer Grooming Products Ltd v Rakesh Malhotra [2017] EWHC 3246 (Comm)
For the Claimants (leading Amy Rogers) in a dispute arising out of Actis’s large-scale investment in the India-based Super-Max razor blade group. Injunctions against Malhotra obtained from Picken J, Andrew Baker J, Males J and Popplewell J in January, March and August 2017. Expedited 2 week trial took place in October 2017, with final injunctions and indemnity costs awarded in the Claimants' favour in March 2018.
- Committal proceedings
Malhotra’s applications to recuse trial judge, to exclude materials and disclosure, and to strike out allegations of contempt substantially refused: [2018] EWHC 2979 (Comm) [2019] EWHC 2177 (Comm) and [2020] EWHC 70 (Comm). Malhotra’s first conviction for contempt upheld by the Court of Appeal: [2020] EWCA Civ 641. Malhotra’s appeal against the second conviction and imposition of 15 month custodial sentence [2020] EWHC 1023 and [2020] EWHC 1130 due to be heard in January 2021.
- Al Khorafi & Ors v Bank Safra Sarasin-Alpen (ME) Ltd & Anr [2018] DIFC CA 010
For Bank Sarasin, with Ewan McQuater KC, in the second round of its dispute with the Al Khorafi family regarding alleged investment misselling. On appeal from the DIFC, the Court of Appeal struck out the billion dollar claim against the bank as an abuse of process.
- ESO Capital Luxembourg Holdings II Sarl v GSA Invest Management SA and ors [2017] EWHC 1351 (Ch)
For the Defendants (leading Douglas Paine) in proceedings concerning conspiracy and breach of contract in the context of a settlement agreement. The essence of the complaint was that the Defendants conspired to dilute the Claimant’s shareholding in a company owning a 5* hotel in the Swiss Alps.
- Cavendish Square Holding BV & Anr v. Talal El Makdessi [2015] UKSC 67
For the Defendant (with Michael Bloch KC, Blackstone Chambers) in proceedings concerning the sale of a Middle Eastern advertising business with the benefit of restrictive covenants. The Defendant contended that certain clauses in the sale and purchase agreement amounted to unenforceable penalties. The Supreme Court examined the common law doctrine of penalties for the first time in a century and set new guidelines.
- Medinet Clinical Services Ltd & Anr v Ellis & Ors
For the Defendants in a dispute concerning the supply of clinical capacity solutions to the NHS to clear backlogs and meet NHS waiting targets. Injunctions obtained in March 2016, with the Claimant contending misuse of confidential information.
- Centrica North Sea Limited v Perenco
For Centrica / British Gas, in its dispute with Perenco concerning the joint operation of two of its gas fields in the Southern North Sea section of the UK Continental Shelf.
- Heraeus Medical GmbH & Heraeus Noblelight Limited v Biomet UK Healthcare Limited & Others [2016] EWHC 1369
Leading Henry Forbes-Smith on the jurisdictional debate: having commenced proceedings in Germany and elsewhere in Europe where appeals are pending, were the Claimants entitled to pursue proceedings in England or were the Defendants entitled to a stay under Articles 29 and/or 30 of the Brussels Regulation Recast and/or as a matter of case management and/or for material non-disclosure in serving out of the jurisdiction?
- McLaren Automotive Ltd v Mubea Carbo Tech Industries
For McLaren in its dispute with the manufacturer of its chassis components.
- Dolphin Capital Partners Ltd v DCI Advisors Ltd [2024] EWHC 678 (Comm)
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Commodity Trading
- Gerber Juice Company Ltd v British Sugar Plc (2013)
For the Defendant in a dispute concerning performance of a long term agreement for the supply of liquid sugar.
- Gerber Juice Company Ltd v British Sugar Plc (2013)
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Company and Insolvency
- In the Matter of iKang Healthcare Group, Inc (Grand Court, 21 June 2023)
For the Petitioner, seeking a fair value appraisal pursuant to section 238 of the Companies Law (2013 Revision) in the Grand Court of the Cayman Islands against the backdrop of a going private transaction in 2018.
- The Football Association
Advising the FA on the impact of its Articles of Association in the context of a potential sale of Wembley Stadium - Jackson v Dear & Anr (Ch)
With Lord Grabiner KC and Robert Miles KC, representing the Defendants in an action for specific performance of an agreement to nominate the Claimant to the board of directors of a hedge fund. At first instance Briggs J held that the agreement required the Defendants to alter the fund's articles of association [2012] EWHC 2060 (Ch). On appeal, Briggs J was reversed: [2013] EWCA Civ 89. - Jackson v. Dear & Ors (Guernsey) (2011)
With Lord Grabiner KC and Simon Mortimore KC, advising a closed ended investment scheme in relation to the first derivative action to be brought in the Royal Court of Guernsey. - In re ATX Limited (Comp) (2011)
For the majority shareholder in a s994 Petition. - In re Daral Limited
Advice on the prospects of a Petition under s459 (s994). - Chaffin Laird v Yelland
Advising and representing the petitioning creditor in bankruptcy proceedings arising out of the irregular conduct of an IVA under part VIII of the Insolvency Act 1986. - Mackellar v Compact Radial Compressors Ltd
The question was whether the company's CVA encompassed the claimant creditor's claim. - Courage Ltd v Johnson
Representing the Debtor on a default petition under section 264(1)(c) of the Act.
- In the Matter of iKang Healthcare Group, Inc (Grand Court, 21 June 2023)
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Energy and Natural Resources
- National Grid Grain
Advising the National Grid on the constructon of a long term contract for the supply of heat. - Centrica Resources Ltd v BG International (CNS) Ltd
For the Claimant, leading Michael Watkins, in proceedings in the TCC for breach of contract and/or restitution to recover gas field operator overpayments in respect of general and administrative overhead costs. - Burlington Resources (Irish Sea) Limited -v- Hydrocarbon Resources Limited (2015)
Representing the Defendant (a subsidiary of Centrica) in High Court proceedings brought by a subsidiary of ConocoPhillips. The dispute centred on the termination of a suite of agreements relating to the production, transportation and treatment of gas in the East Irish Sea. Issues included construction, rectification, notice validity and an allegation that Centrica has abused its dominant position contrary to Article 18 of the Competition Act 1998.
- National Grid Grain
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Insurance and Reinsurance
- T v. Allianz & Anr (2014)
For the insured in proceedings for a liability declaration in respect of defence costs. Issues included the reach of a Specific Matters Exclusion and whether a provision requiring the insured to obtain prior written consent to the incurring of costs amounted to a condition precedent to insurers’ liability. - In re the Council of Lloyd's
With Anthony Grabiner KC, advising Lloyd's in relation to its handling of a claim for compensation brought by a consortium of names together with the Lloyd's Ombudsman's report thereon. - Lloyd's Underwriters v. Kothari
Advising the Defendant on the merits of Lloyd's claim for a declaration of non liability on grounds of misrepresentation and non-disclosure. - Korea Foreign Insurance Company v. Omne Re SA
The claim concerned the construction of a commutation and release agreement under which the parties sought to settle claims arising out of certain reinsurance agreements.
- T v. Allianz & Anr (2014)
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Jurisdiction and Conflict of Laws
- LLC Eurochem North-West 2 v Societe Generale S.A. & Ors [2024] EWHC 1084 (Comm)
For the Defendant ING Bank N.V. in Part 20 Proceedings brought by the bank to recover from a third party under an indemnity in an Italian-law governed facility agreement. ING successfully resisted the third party’s jurisdiction challenge on the bases (a) that there had been a submission to the jurisdiction and (b) there was no sustainable argument that Italy was clearly or distinctly the forum conveniens. - AML Creditor Recovery Vehicle PTE v Madison Pacific Trust Ltd & Ors [2023] SC (Bda) 66 Civ 17 August 2023
Counsel for the Claimant in proceedings before the Supreme Court of Bermuda in which it was alleged that the Defendants had conspired to appropriate at an undervalue an interest in an iron ore mine and related infrastructure in Sierra Leone. A jurisdiction challenge by all defendants succeeded on the basis that there had been no valid or effective assignment of the relevant causes of action to the Claimant. - PJSC National Bank Trust & Anr v Mints & Ors [2021] EWHC 692 (Comm)
Counsel for Vadim Belyaev, leading James Nadin. A jurisdiction challenge centring on forum non conveniens and material non-disclosure. - Wilton Trustees (IOM) Ltd & Anr v AFS Trustee & 26 Ors (2020)
Counsel for the Claimant trustees in proceedings in the BVI arising out of the collapse of Steinhoff International Holdings Ltd. The non-BVI Defendants’ Spiliada challenge was rejected 15 April 2019. - Kamoto Copper Company SA v Africa Horizons Investments Ltd & Anr [2018] EWHC 1096 (Comm)
Counsel for the Claimant, a Glencore subsidiary, in a dispute with Dan Gertler centring on the impact on the parties’ African mining operations of sanctions imposed by President Trump’s Executive Order 13818. Anti-suit injunction obtained restraining the Defendants from pursuing proceedings brought in the Democratic Republic of Congo in breach of an exclusive jurisdiction agreement in favour of the courts of England and Wales - Heraeus Medical GmbH v Biomet UK Healthcare & Ors [2016] EWHC 1369
Counsel for the Defendants, with Henry Forbes-Smith. Ds sought to set aside service of the proceedings on them because (i) the requirements of CPR 6.33(2) were not met; (ii) England had not been shown to be the proper forum and (iii) in any event Cs had materially mischaracterised the jurisdictional position when applying for leave to serve out (against D4) and in certifying that Article 29 of the Regulation was not in play for the purposes of Rule 6.33(2) (against D3). - Global Maritime Investments Cyprus Ltd v O W Supply & Trading A/S [2015] EWHC 2690 (Comm)
Counsel for the Defendant. The claimant sought declarations (inter alia) (1) that no provision of Danish insolvency law could be effective under English law to disapply the general terms and conditions pursuant to which derivatives trading had been conducted; and (2) that the parties had agreed to confer exclusive jurisdiction on the English courts. - Swiss Marine Corp v O.W. Supply & Trading A/S (in bankruptcy) 2015 EWHC 1571 (Comm)
Counsel for the Defendant. The principal question was whether the Claimant was entitled to an anti-suit injunction to restrain proceedings brought by the Defendant in Denmark relying on Danish insolvency law rights to close out certain swaps concluded under the ISDA 2002 Master. In existing English Proceedings the Claimant was seeking a declaration (relying on the Court of Appeal’s judgment in Lomas v JRF Firth Rixson) that its obligation to pay out was suspended for so long as the Defendant’s insolvency persisted. - Cube Lighting & Industrial Design Ltd v. Afcon Electra Romania SA [2011] EWHC 2565 (Ch)
For Defendant (sole counsel) on its jurisdiction challenge. Principal issues concerned Articles 5 and 23 of the Regulation. - Catalyst Investment Group Ltd v. Max Lewinsohn & Ors [2009] EWHC 1964 (Ch)
Junior Counsel for the Claimant. The principal question was whether a Court seised under Article 2 of the Regulation could decline jurisdiction in favour of the Courts of a non-EU country on grounds of lis alibi pendens. - Donohue v. Armco Inc & Ors [2002] 1 Lloyds Rep 425
Junior Counsel for the Appellants in the House of Lords. This is one of the leading cases on the circumstances in which the English Court will and won't enforce exclusive jurisdiction agreements by stay or injunction. - Opthalmic Innovations International Incorporated [2004] EWHC 2948
Counsel for the Defendant. The question was whether permission to serve the defendant out of the jurisdiction under CPR Rule 6.20 should be set aside; whether the presumption contained in Article 4(2) of the Rome Convention was displaced. - USF Ltd v. Aqua Technology Hanson NV [2001] 1 All ER (Comm) 856 (Aikens J)
Counsel for the Defendant. The issue was whether the Court had jurisdiction under Article 5(1) of the Brussels Convention. - Avisma Titano v. Dart Management & Ors
Advising on the construction of a jurisdiction agreement expressed to be in favour of one party only.
- LLC Eurochem North-West 2 v Societe Generale S.A. & Ors [2024] EWHC 1084 (Comm)
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Partnerships
- Acting for one of the world’s largest hedge funds in relation to a substantial partnership dispute and quantum merit claim.
- Advising a major City law firm in relation to the meaning and effect of their firms' partnership deeds.
- Advising in relation to a dispute with a former partner concerning issues of restraint of trade and estoppel.
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Professional Liability
- Airbreak Leisure Group Plc v. Eversheds & Ors
Junior Counsel (with Terence Mowschenson KC), for the claimant in large-scale professional negligence proceedings brought against auditors, solicitors and financial advisers arising out of the terms of a circular regarding a rights issue and placing arranged in the context of a share sale acquisition. - Hassan v. Barclays Private Bank Ltd
Advising the claimant trustees in proceedings against BZW for failure to dispose of bonds held on behalf of a charitable trust pursuant to a discretionary investment management agreement. - Halifax Building Society v. Lewis Lane & Co
Advising the Defendant firm of solicitors in relation to the Building Society's claim that it had acted negligently and in breach of fiduciary duties in the context of a conveyancing transaction. - Rackstraw v. Copeland & Anr
Acting for the financial intermediary in a claim concerning negligent pensions advice.
- Airbreak Leisure Group Plc v. Eversheds & Ors
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Restrictive Covenants, Non-Compete and Team Moves
- Cavendish Square Holding BV & Anr v. Talal El Makdessi [2012] EWHC 3582 (Comm)
For Defendant (with Michael Bloch KC) in Commercial Court proceedings concering the sale of a Middle Eastern advertising business with the benefit of restrictive covenants. - Alliance Paper Group Plc v. Prestwich
The claim centred on non-solicitation and non-compete clauses in the service agreement of the claimant's former managing director. - In re A Firm
With Lord Grabiner KC, advising on the validity of a restraint contained in the firm's partnership deed.
- Cavendish Square Holding BV & Anr v. Talal El Makdessi [2012] EWHC 3582 (Comm)
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Trusts
- Wilton Trustees (IOM) Ltd & Anr v AFS Trustee & 26 Ors (2020)
Representing the Claimant trustees in proceedings in the BVI arising out of the collapse of Steinhoff International Holdings Ltd. Partial summary judgment awarded in the Claimants’ favour 24 February 2020. The appeal of AFS Trustee is due to be heard by the BVI Court of Appeal in November 2020. - Even Wahr Hansen & Ors v. Compass Trust Company & Ors
Camilla spent nearly four years on this litigation in the Grand Court of the Cayman Islands. The claimant was a representative of the State of Norway, and the thirteen defendants were accused of having misappropriated assets held on resulting trust for the estate of a Norwegian Shipowner. The ground covered included breach of trust, breach of fiduciary duty, accessory liability, the defences of laches and acquiescence, estoppel, tax gathering and abuse of process.
- Wilton Trustees (IOM) Ltd & Anr v AFS Trustee & 26 Ors (2020)
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What the Directories Say
"Camilla's no-nonsense approach and ability to get straight to the heart of an issue is second to none." (Chambers & Partners 2024 - Banking and Finance)
"Camilla Bingham is a very good, user friendly advocate. She has the ear of the court and the ability to charm the judges." (Chambers & Partners 2024 - Commercial Dispute Resolution)
"Camilla is very committed, really gets into the detail of matters and rolls up her sleeves. She is very thoughtful, excellent on her feet and a pleasure to work with." (Chambers & Partners 2024 - Civil Fraud)
“Camilla is a fantastic cross-examiner and a stand-out commercial silk." "Camilla is brilliant on her feet and second to none in terms of her dealings with clients. She is also immensely clever." "She is incredibly bright and loved by the courts." (Chambers & Partners 2023 - Commercial Dispute Resolution)
"Camilla is superb. She is very incisive and well prepared." "She is very commercial, cuts straight to the point and is innovative in her thinking." "Camilla is thorough and a safe pair of hands." (Chambers & Partners 2023 - Civil Fraud)
"Has the ability to focus on what the likely response of the court will be. She is incredibly experienced and really refreshing to work with." (Chambers & Partners 2022 - Commercial Dispute Resolution)
"Camilla excels at keeping an eye on the bigger picture and overall strategy." "She is tenacious and knows how to read the court." "Fun to work with, she is brilliant in cross-examination." (Chambers Global 2021, Commercial)
"A delight to work with, and a team player. She can also be utterly relied upon to be more prepared and on top of her brief than the opposition." (Legal 500 2021 - Civil Fraud)
"One of the most effective advocates and cross-examiners of her generation. She is also a delight to work with, and a team player." (Legal 500 2021 - Commercial Litigation)
"Incredibly approachable and is a highly-skilled advocate – her knowledge of her field is awesome; her insights into strategy invaluable. " (Legal 500 2020 - Commercial Litigation)
"She has the ability to cut through complicated issues and present them in a way that appeals to a judge." "A phenomenal advocate who can cross-examine like few others, she is both charming and persuasive." (Chambers & Partners 2020 - Commercial Dispute Resolution)
"Her advocacy is first class and her cross-examination skills are up there with the best." (Legal 500 2019 - Commercial Dispute Resolution)"Understands the client's needs, gets on top of the law, works well with a team and cares about how information affects the client." "She's lovely, as she's absolutely down-to-earth and very intelligent." (Chambers & Partners 2019 - Commercial Dispute Resolution)
"Her combination of great intellect, strategic insight and interpersonal skills maker her a class act." (Legal 500 2018 - Commercial Dispute Resolution)"Insightful, super-intelligent, charming, down-to-earth, and an excellent advocate who has real chemistry with the client." "She can read the court well" (Chambers & Partners UK 2018 - Commercial Dispute Resolution)
"Smart and savvy, she really gets to the heart of the problem and comes up with solutions very quickly." "She is very bright and creative in her thinking." (Chambers & Partners UK 2017 - Commercial Dispute Resolution)
"A real leader of the Bar. A breath of fresh air - she has a no-nonsense approach and doesn't sit on the fence". (Chambers UK 2016)
"Excellent with clients, robust and fearless." (Chambers & Partners UK, 2015)"[Camilla] has a great ability to get down to whatever level of detail you need. She communicates in a way that anyone can understand." (Chambers & Partners UK, 2014)
'a rare find, she is not your run-of-the-mill clever barrister'. Impressed sources highlight her firm grasp of factual and legal points, commanding advocacy and highly personable manner as being all points in her favour.'" (Chambers UK, 2013)
“Camilla Bingham KC’s silk appointment ‘was well deserved’. ‘She will go from strength to strength as a leader’ thanks in part to her ‘willingness to roll her sleeves up when dealing with difficult clients” (Legal 500, 2013)"..an excellent advocate and fantastic team player. She has a first-class mind and is great on paper as well as on her feet" (Legal 500, 2012)
Camilla was named by The Lawyer as one of 2012's "Hot 100 Lawyers", singled out for her "commercial awareness and ability to connect with lay clients." -
Education
Balliol College, Oxford (1988-1992) B.A. Literae Humaniores (Double 1st)
City University, London (1994-1995) C.P.E. Diploma in Law (Distinction)
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Other Academic Achievements
Inner Temple: Princess Royal Scholarship (1995); Major Scholarship (1994)
Inns of Court School of Law: “Everard Ver Heyden Foundation Prize” for Advocacy (1996)
City University: “Arbitrators Prize” for the outstanding Law Conversioner (1995)
Balliol College, Oxford: Reynolds Scholar (1989-1992)
Coolidge Scholar (1992)