Eleanor Campbell

Eleanor Campbell has wide experience in both domestic and international disputes, governed under a variety of rules, including (but not limited to) the ICC, LCIA, SIAC and UNCITRAL.  Eleanor has also experience of Arbitration Claims before the Commercial Court.

• Arbitration Claim in the Commercial Court
  Acted with Michael Fealy KC for the respondents to an injunction granted pursuant to s.44 of the Arbitration Act 1996, in the context of a dispute between the members of an LLP.
• ICC Proceedings
  Acting for the additional party in ICC arbitration proceedings in which the claimant seeks interpleader relief, and where the substantive dispute in relation to the payment of commission is between the Respondent and the Additional Party.
• ICC Proceedings
  Acted with Alex Gunning KC, and a team of other barristers, on a heavy arbitration relating to a joint venture for the construction of infrastructure where the claim was valued at in excess of US$2.5 billion. The substantive hearing took place over six weeks in summer 2021.
• LCIA Proceedings
  Acted for the Respondent to a claim in relation to the exercise of rights under a put option agreement, requiring the Respondent to re-purchase shares which it had sold the Claimant for US$133 million.
• ICC Proceedings and Commercial Court Proceedings
  Acted for a Hong Kong based purchaser of steel (as sole counsel), in a commodities dispute (culminating in a 3-day hearing) against the Turkish manufacturer, for damages suffered as a consequence of failure to supply.
  Followed by Commercial Court proceedings (with Neil Kitchener KC) resisting claims under s.67 and 69 of the Arbitration Act 1996 (challenging the arbitrator's ruling as to his jurisdiction, and permission to appeal on points of law): Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi v VSC Steel Co Ltd [2014] 1 Lloyd’s Rep 479
• ICC Proceedings
  Acted for the Claimant foreign contractors in a dispute with the state-owned oil company of a North-African country, in relation to the calculation of their share of oil under a production sharing contract. The proceedings and all the documentation and evidence were in French.
• ICC Proceedings and Commercial Court Proceedings
  Acted for the Claimant as sole counsel, in Commercial Court and arbitration proceedings for damages for wrongful termination of a consultancy agreement in relation to the negotiation and performance of an exploration and production sharing agreement, concluded with a regional government in Iraq. After a four day arbitration hearing culminating in an award on jurisdiction, the Respondent’s challenge to the arbitral award under s.67 of the Arbitration Act 1996 was dismissed by the Commercial Court (Monde Petroleum SA v Westernzagros Ltd [2015] 1 Lloyds Rep 330)
• LCIA Proceedings
  Acted for the Claimant airline (as sole counsel), in a dispute with an airport under French law (culminating in a 2-day hearing). Eleanor was instructed by English and French solicitors.
• LCIA Proceedings
  Acted for the Claimant airline (as sole counsel), in a dispute with an Italian airport (culminating in a 4-day hearing), which raised questions of EU state aid.
• LCIA Proceedings
  Acted as sole counsel for the Respondent, a large Hong Kong based textile business, in a dispute arising out of the purchase of a design and manufacturing business from the Claimant Turkish seller. The proceedings were disposed of on the hearing of a preliminary issue.
• SIAC Proceedings
  Acted for the Respondent (with Daniel Toledano KC) in a dispute over the grant of broadcasting rights for sport events.
• LCIA Arbitration
  Acted for two of six Respondents to a claim for c.US20m million alleged to be due under a facility agreement and suretyship deed.
• Ad Hoc UNICITRAL Proceedings
  Acted for the Claimant, Greek fuel and power company (as sole counsel), in a dispute over the construction of a force majeure clause in a coal supply agreement, (culminating in a 5-day hearing)
• Commercial Court Arbitration Claim
  Acted for the Claimant, for an extension of time/directions for the appointment of an arbitrator.

Eleanor Campbell has acted in a variety of disputes in a banking and finance context.

• Acted, with Steven Elliott KC, in anticipated proceedings against five English banks, for restitution / reimbursement of alleged tax liabilities exceeding €500 million, arising out of securities lending transactions. Proceedings have been commenced in Germany, and are ongoing.
• Acting for the anticipated claimant in proceedings for restitution of an unjust enrichment and/or dishonest assistance and knowing receipt, arising out of a payment by a bank to the wrong customer by mistake.
• Public Institution for Social Security v Al Rajaan & ors
  Acted with Camilla Bingham KC for the defendant bank in proceedings brought by a state pension scheme to recover alleged secret commissions paid to its agent, and which were estimated to exceed US$847.7 million in total.
• LCIA Arbitration
  For two of six Respondents to a claim for c.US20m million alleged to be due under a facility agreement and suretyship deed.
• Dorchester Project Management Ltd & Ors v. FREP 2 (Heyford Park) Ltd & Anr
  For Frogmore, the private equity fund (with Lord Grabiner KC and Richard Gillis KC): proceedings arising in the context of a proposed exit from a major development project.  
• M&W High Tech Projects UK Ltd v Biffa Waste Services Ltd (2015) EWHC 949 (TCC)
  For Biffa (with Jonathan Nash KC), on an application to set aside an injunction restraining Biffa from calling on a retention bond.
• Lehman Brothers International (Europe) (In Admin) v. Lehman Brothers (Luxembourg) SA (In Liq)
  For LBIE, with Laurence Rabinowitz KC, providing English law advice in support of insolvency proceedings in Luxembourg.
• Gulf International Bank BSC
  For the Bahraini bank (variously with Sa’ad Hossain and Orlando Gledhill), in a number of Commercial Court proceedings concerning loan facilities and Shariah compliant finance agreements.
• Martin v. FIL Ltd & Ors
  For the Defendant provider of financial services (with David Wolfson KC), in proceedings before the Chancery Division for misrepresentation in relation to a private equity fund.
• Bayerische Hypo-und Vereinsbank AG v. Caja de Ahorros de Galicia
  For the issuing Spanish bank (with Mark Hapgood KC), in Commercial Court proceedings for an indemnity, brought by the bank pursuant to a letter of credit.
• Eleanor has advised (with Richard Morgan KC) in relation to potential proceedings in fraud and breach of contract between a high net worth individual and the UK bank of which he is a client.
• Eleanor has also acted (with Ben Strong KC) for the Financial Conduct Authority in three sets of three sets of disciplinary proceedings against individual traders alleged to have participated in LIBOR manipulation (including Hussein v FCA [2018] Lloyd’s Rep F.C. 574). She has also acted for the FCA in separate proceedings in the Upper Tribunal. 

Eleanor has had involvement in some of the most notable fraud litigation in recent years.  

• Emmerson International Corporation & Ors v. Mikhail Abyzov & Ors
  Acting (with Vernon Flynn KC) on behalf of a number of defendants purportedly joined to and served with claims in this very heavy litigation. The underlying dispute relates to an alleged joint venture between Mikhail Abyzov and Viktor Vekselberg, in relation to power generation assets in Russia. Mr Abyzov’s primary claim is for c.$900 million.
• Public Institution for Social Security v Al Rajaan & ors
  Acted with Camilla Bingham KC for the defendant bank in proceedings brought by a state pension scheme to recover alleged secret commissions paid to its agent, and which were estimated to exceed US$847.7 million in total.
• Fonds Rusano Capital SA v. CRGF GP Limited
  Acted, with Steven Elliott KC, for CRGF in relation to Fonds Rusnano's attempts to wind up a limited partnership and rescind a partnership agreement. Fonds Rusnano alleges that it was misled by the owner of CRGF, its former employee, such that it was unaware that CRGF would be entitled to be paid very significant management fees under the management agreement. There are parallel proceedings in Guernsey in relation to winding up a Guernsey trust. Fonds Rusnano has also issued a claim in fraud against its former employee in London.
• Sir Owen Glenn v Eric Watson [2018] EWHC 2016 (Ch)
  Acted (with John McCaughran KC and Hannah Brown KC) for the Defendant in a £129 million dispute between two prominent New Zealand businessmen arising out of proposed investments in ground rents and other forms of investment in UK property. The proceedings culminated in a three month trial in the Chancery Division in summer 2017.
• Ipsos S.A. v Aegis Group PLC
  Acted (with Kenneth MacLean KC and Michael Fealy KC) for the Defendant in various sets of proceedings arising out of the purchase of a market research business. The claimant claimed damages in excess of £100 million, for fraud and breach of warranty. The proceedings settled shortly before trial.
• Ticket2Final OU v Wigan Athletic AFC [2015] EWHC 61b (Ch)
  Acted for the Claimants (as sole counsel) in proceedings for breach of contract and fraudulent misrepresentation arising out of a contract for the grant of options to purchase FA Cup tickets, culminating in a four day trial in the Chancery Division.
• Berezovsky v. Abramovich [2012] EWHC 2463 (Comm)
  Acted for Boris Berezovsky (with Laurence Rabinowitz KC, Richard Gillis KC and others) on a claim against Roman Abramovich in the tort of intimidation, and for breach of trust/fiduciary duty, in relation to Russian oil and aluminium assets; culminating in a 3-month trial before the Commercial Court.
• Standard Bank Plc v. Via Mat International Ltd & Anr [2012] EWHC 574 (Comm)
  For the Claimant bank (with Stephen Auld KC), in a claim against a worldwide provider of transportation and secure storage services concerning the disappearance of some 20 tonnes of silver from a vault in China. 
• Tangent Investments Ltd v. MF Global UK Ltd & Anr [2009] 2 All ER (Comm) 589
  Acted for the Claimant trader (with Neil Kitchener KC and Steven Elliott), in landmark proceedings for fraud against his broker. The first claim of its kind in which damages for lost profits were awarded.

Eleanor Campbell frequently advises on questions of jurisdiction and choice of law, and has experience of hearings on such issues both as junior counsel, and as sole advocate.

• ​​​​​​Emmerson International Corporation & Ors v. Mikhail Abyzov & OrsActing (with Vernon Flynn KC) on behalf of a number of defendants purportedly joined to and served with claims in this very heavy litigation. The underlying dispute relates to an alleged joint venture between Mikhail Abyzov and Viktor Vekselberg, in relation to power generation assets in Russia. Mr Abyzov’s primary claim is for c.$900 million. Eleanor’s clients are challenging service and the jurisdiction of the BVI court.
• Hardy Exploration & Production (India) Inc v Government of India v India Infrastructure Finance Company (UK) Limited [2018] EWHC 1916 (Comm); [2018] 2 Lloyd's Rep. 331
  Eleanor acted (with Neil Kitchener KC) for the third party in proceedings for the discharge of an interim third party debt order on grounds (amongst others) that the debt was situated in India and governed by Indian law, such that the English Court had no jurisdiction to make the order in respect of it.
• Ryanair Ltd v. Esso Italiana SRL [2013] EWCA Civ 1450
  For Ryanair (with Stephen Auld KC): claim for breach of contract and EU competition law: resisting a jurisdiction challenge by the defendant, alleging that the claim for breach of EU competition law falls outside the scope of an English jurisdiction clause. 
• Savchuk & Anr v. Ehrlich
  For the Defendant Ukrainian national (with John McCaughran KC), in a jurisdiction challenge to proceedings before the Queen’s Bench Division, commenced against the former adviser, for breach of confidence, and negligence, together with various other claims in relation to the administration and control of foreign companies.
• Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi v VSC Steel Co Ltd [2014] 1 Lloyd’s Rep 479 For a Hong Kong based purchaser of steel (as sole counsel, and on appeal with Neil Kitchener KC), in a commodities dispute (culminating in a 3-day arbitration hearing, followed by a three day Commercial Court trial), in which the primary legal issues were the arbitrator’s jurisdiction, and the applicable law for the purposes of deciding this question.

Eleanor Campbell has experience of a range of contractual disputes, from legal questions of construction, breach/termination/affirmation, to performance and quantum of damages.  She has as advised/acted in disputes in a variety of contexts ranging from banking, pharmaceutical contracts and sponsorship contracts, to the sale of goods and supply of services.

• Raven Ventures International Limited v ElectraWorks Limited and Entain PLC
• Acting, with Michael Fealy KC, for the defendants to a claim for breach of contract and breach of warranty arising out of the sale of two Gibraltar financial services companies.
• StarCompliance Operating LLC v Ideagen Software Limited
  Acting for the Claimant in proceedings for damages for breach of warranty in a share purchase agreement for the purchase of a business selling compliance software and related services.
• ICC Proceedings
  Acted with Alex Gunning KC, and a team of other barristers, on a heavy arbitration relating to a joint venture for the construction of infrastructure where the claim was valued at in excess of US$2.5 billion. The substantive hearing took place over six weeks in summer 2021.
• LCIA Proceedings 
  Acted for the Respondent to a claim in relation to the exercise of rights under a put option agreement, requiring the Respondent to re-purchase shares which it had sold the Claimant for US$133 million
• Taurus Funds Management Pty Ltd. v. Hummingbird Resources Plc
  Eleanor acted (with Michael Fealy KC) for Hummingbird, the defendant owner and operator of a gold mine in Mali. The claim related to the alleged breach and wrongful termination of a mandate for the arrangement of a Facility of US$75m.
• Ipsos S.A. v Aegis Group PLC
  Acted (with Kenneth MacLean KC and Michael Fealy KC) for the Defendant in various sets of proceedings arising out of the purchase of a market research business. The claimant claims damages in excess of £100 million, for fraud and breach of warranty.
• Pacific Capital S.A.R.L. v Mr Lars Windhorst
  Acted for the Claimant (with Daniel Toledano KC) on a claim for specific performance of a contract for the purchase of bonds issued by companies associated with the Defendant.
• Vitol E&P Limited v African Oil and Gas Corporation
  Acted for the Claimant on a claim for sums due under a share purchase agreement in relation to a company which held an interest in a production sharing agreement for the exploitation of hydrocarbons offshore the Republic of Congo. The amount of consideration due was determined by reference to the progress of development work under the production sharing contract.
• Cardiff Protides Limited v Nucana Biomed Limited
  Acted for the Claimant in a dispute over payments alleged to be due under a contract for the development and marketing of pharmaceutical products, including resisting an early application by the Defendant for injunctive relief and interim declarations.
• Grupo Hotelero Urvasco SA v. Carey Added Value SL & Anr
  For the Respondent (with Lord Grabiner KC), before the Court of Appeal  in an expedited, interlocutory skirmish resisting a late amendment by the Claimant/Appellant and admittance of further expert evidence immediately prior to very substantial trial proceedings, arising in the context dispute between parties to a property development project.
• Ticket2Final OU v Wigan Athletic AFC [2015] 1 WLUK 410
  Acted for the Claimants (as sole counsel) in proceedings for breach of contract and fraudulent misrepresentation arising out of a contract for the grant of options to purchase FA Cup tickets culminating in a four day trial in the Chancery Division.
• Avtrade Ltd v. Air Seychelles Ltd
  Acted for the Defendant airline (as sole counsel), in Commercial Court proceedings resisting a claim for payments alleged to be due under contract for the servicing of aircraft components.
• Force India Formula One Team Ltd v. Etihad Airways [2010] 107(40) LSG 22; [2011] ETMR 10 (CA)
  Acted For Appellants (with Stephen Auld KC), in an F1 sponsorship dispute.
• LCIA Proceedings
  Acted as sole counsel for the Respondent, a large Hong Kong based textile business, in a dispute arising out of the purchase of a design and manufacturing business from the Claimant Turkish seller. The proceedings were disposed of on the hearing of a preliminary issue.

Eleanor Campbell has acted in several contractual disputes in the oil and gas context, and also advises in disputes relating to renewable energy.

• Eco Projects (IOM) Limited v Orsted Onshore UK Limited
  Acted for the Claimant in a claim for milestone payments due under a contract for the introduction and the provision of services in relation to the identification of potential sites for onshore windfarms
• LCIA Proceedings
  Acted for the Claimant operator of a bulk liquid storage terminal for hydrocarbons (with Daniel Toledano KC), in a dispute in relation to the re-conditioning and usage of oil storage facilities. 
• ICC Proceedings
  Acted for the Claimant foreign contractors in a dispute with the state-owned oil company of a North-African country, in relation to the calculation of their share of oil under a production sharing contract. Issues include the proper construction of provisions for the apportionment of profit oil, the proper classification of costs incurred in de-commissioning the field, and the application of certain fiscal provisions in light of changes to Algerian tax law.
• ICC Proceedings
  Acted for the Claimant in proceedings for damages for wrongful termination of a consultancy agreement in relation to the negotiation and performance of an exploration and production sharing agreement, concluded with a regional government in Iraq.
• Ad Hoc UNICITRAL Proceedings 
  Acted for the Claimant Greek fuel and power company (as sole counsel), in a dispute over the construction of a force majeure clause in a coal supply agreement, (culminating in a 5-day hearing).
• Vitol E&P Limited v African Oil and Gas Corporation
  Acted for the Claimant on a claim for sums due under a share purchase agreement in relation to a company which held an interest in a production sharing agreement for the exploitation of hydrocarbons offshore the Republic of Congo. The amount of consideration due was determined by reference to the progress of development work under the production sharing contract.
• ICC Proceedings
  Acted (with Daniel Toledano KC) advising the Claimant on a potential claim in relation to alleged breaches of royalty agreements in relation to the exploitation of hydrocarbons in partnership with an African state oil company.

• Public Institution for Social Security v Al Rajaan & ors
  Acted with Camilla Bingham KC for the defendant bank in proceedings brought by a state pension scheme to recover alleged secret commissions paid to its agent, and which were estimated to exceed US$847.7 million.
• Sir Owen Glenn v Eric Watson
  Acted (with John McCaughran KC and Hannah Brown KC) for the Defendant in a £129 million dispute between two prominent New Zealand businessmen arising out of proposed investments in ground rents and other forms of investment in UK property. The issues in the case include whether a company director  acted in breach of his fiduciary duties and/or for an improper purpose and whether he therefore lacked authority to execute the disputed contracts. The proceedings culminated in a three month trial in the Chancery Division in summer 2017.
• Acted for a luxury car manufacturer in a dispute with the agent it engaged to negotiate contracts with third parties for the licence of rights to exploit the manufacturer’s brand. The claim concerned questions of the proper construction of the contract between principal and agent, attribution of knowledge, and breach of authority/fiduciary duty.
• ICC Proceedings and Commercial Court Proceedings
  Acted for a Hong Kong based purchaser of steel (as sole counsel), in a commodities dispute (culminating in a 3-day hearing) against the Turkish manufacturer, for damages suffered as a consequence of failure to supply.
  Followed by Commercial Court proceedings (with Neil Kitchener KC) resisting claims under s.67 and 69 of the Arbitration Act 1996 (challenging the arbitrator's ruling as to his jurisdiction, and permission to appeal on points of law): Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi v VSC Steel Co Ltd [2014] 1 Lloyd’s Rep 479.
  The key issue on the substantive claim was whether the defendant’s agent had had authority to execute the contract in terms providing for London arbitration on its behalf and if not, whether the claimant knew it lacked such authority. The case also raised questions of the law applicable to determine the question of whether an agent has authority to agree the law applicable to the subject contract.

Eleanor has experience of acting for both the applicants for, respondents to, and third parties affected by, worldwide freezing injunctions. She also has experience of obtaining injunctions in the Companies Court, to restrain the presentation of winding up petitions, and of other interim orders such as orders for Norwich Pharmacal relief.

• Acted with Michael Fealy KC for the respondents to an injunction granted pursuant to s.44 of the Arbitration Act 1996, in the context of a dispute between the members of an LLP.
• Acted for the Claimant on a claim for Norwich Pharmacal relief seeking disclosure of the identity of the account holder of a bank account in England, into which the Claimant had been deceived to making a significant transfer from its account in Shanghai.
• Acted for the defendant applicant for security for costs in proceedings in the High Court of Justice of the Isle of Man. The underlying dispute related to the status of c.US$15 million paid to the defendant pursuant to loan agreements, but which the claimants allege were procured dishonestly and in breach of duty.
• M&W High Tech Projects UK Ltd v Biffa Waste Services Ltd 
  Acted for Biffa (with Jonathan Nash KC), on an application to set aside an injunction restraining Biffa from calling on a retention bond.
• Acted (with Stephen Auld KC) for Hull City Football Club in proceedings against its former director for breach of duty and misapplication of club monies. The Club obtained a worldwide freezing injunction against the former director, together with reflective and supportive orders in Jersey and Guernsey, where the Defendant had property.
• Acted (with Stephen Auld KC) for the Respondent to a worldwide freezing injunction obtained by an Icelandic bank in the aftermath of the Icelandic banking crisis.
• Cardiff Protides Limited v Nucana Biomed Limited
  Acted for the Claimant in a dispute over payments alleged to be due under a contract for the development and marketing of pharmaceutical products, including resisting an early application by the Defendant for injunctive relief and interim declarations.
• Acted (with Daniel Toledano KC) for the respondent to an interim order for the provision of documentation in the context of a dispute between the directors and shareholders of a company, and a private prosecution.
• Eleanor has experience of letters of request from foreign courts in relation to the disclosure of documents. She has acted for parties obtaining an order for disclosure, and for those responding to such orders.

• Ryanair Ltd v. HMRC [2013] STC 1360; [2014] EWCA 410
  Acted for Ryanair, (with Paul Lasok KC and then David Pannick KC) on a claim for the recovery of alleged overpayments of Air Passenger Duty (APD); both by a claim for judicial review and an appeal to the Upper Tax Tribunal, and subsequently before the Court of Appeal.
• Advised (with Jeffery Onions KC) on potential JR of FSA’s Decision concerning the issuing of a banking licence.

• Eleanor acted (with Ben Strong KC) for the Financial Conduct Authority in three sets of three sets of disciplinary proceedings against individual traders alleged to have participated in LIBOR manipulation (including Hussein v FCA [2018] Lloyd’s Rep F.C. 574).
• Eleanor has also acted as sole counsel for the FCA in proceedings in the Upper Tribunal, and is currently acting in disciplinary proceedings against an individual before the Regulatory Decisions Committee of the FCA.