The members of One Essex Court have a strong and long-standing reputation for complex and high value litigation and disputes work in offshore jurisdictions, including in a number of international financial centres.
Barristers at One Essex Court are regularly instructed in cases arising in Bahamas, Barbados, Bermuda, British Virgin Islands, Cayman Islands, Cyprus, Dubai, Gibraltar, Guernsey, Hong Kong, Ireland, Isle of Man, Jersey, Saint Kitts & Nevis, Singapore and Trinidad & Tobago.
The work undertaken by barristers at One Essex Court covers a wide spectrum of contentious and non-contentious commercial litigation, international fraud and asset tracing, company and cross-border insolvency issues, shareholder and valuation disputes, and banking and financial services litigation, and trusts.
Recent high-profile cases in offshore jurisdictions involving members of One Essex Court have included:
- In Alfa Bank v Kipford in claims by a Russian bank against a BVI entity in respect of alleged participation in a fraudulent conspiracy to induce the bank to lend USD 140 million in respect of the leveraged acquisition of a coal mine in Russia. The proceedings involve long-running worldwide freezing order applications in multiple jurisdictions.
- Appearing for the successful respondent BVI company before the UK Privy Council and in ongoing BVI proceedings, in Convoy Collateral Ltd v Broad Idea International Ltd, an appeal considering the court’s power to grant a freestanding freezing relief in support of foreign proceedings and against third parties.
- In Wilton Trustees (IOM) Ltd & Anr v AFS Trustee & 26 Ors 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.
- overturning an arbitral award for error of law in an appeal to the Privy Council in Global Water Associates v AG of BVI
- Acting for the successful company in the s.238 “fair value” case of In the matter of the Companies Act and in the matter of FGL Holdings, a three-week hearing before the Grand Court of the Cayman Islands where the Grand Court decided for the first time that the merger price represented fair value.
- Appearing for multiple parties in Renova Industries Ltd v Emmerson International Corp, long-running, multi-faceted BVI litigation arising from a joint-venture dispute over Russian energy assets with hearings before the BVI Commercial Court, the Eastern Caribbean Court of Appeal and the Privy Council.
- Acting for the successful defendants in Primeo Fund (In Official Liquidation) v (1) Bank of Bermuda (Cayman) Limited (2) HSBC Securities Services (Luxembourg) SA in a US$2bn professional negligence claim before the Cayman Islands Grand Court arising out of the Madoff investment fraud.
- In KMG International BV v DP Holding SA in a claim for the appointment of liquidators over a Swiss company owing an arbitration award debt of over USD 200 million to the claimant. Based on allegations of large scale fraudulent dissipation of assets within the DP group of companies, the BVI court was persuaded to grant an order for the provisional liquidation of DPH. The case is currently on appeal before the BVI Court of Appeal. Related proceedings in the UK against a former DP Group director.
- Acting for Cukurova throughout its billion-dollar battle over control of Turkey’s largest network phone operator, Turkcell. This landmark litigation included trials in the BVI, multiple hearings in the Privy Council and an LCIA arbitration. Instructions also in Sonera v Cukurova, a multi-jurisdictional battle over the enforceability of a billion-dollar arbitration award, with multiple jurisdictions involved including the BVI, New York, England, Switzerland and the Netherlands.
- Acting for Nord Anglia Education in a multi-billion dollar s.238 merger dispute (In the matter of section 238 of the Companies Law and in the matter of Nord Anglia Education, Inc, Grand Court of the Cayman Islands), which is considered the most significant fair value appraisal case of its kind in the jurisdiction.
- Acting for Commercial Bank of Dubai in connection with the administration of the NMC Healthcare group, in the ADGM (Abu Dhabi Global Market) courts.
A number of members of One Essex Court are called and/or admitted to appear in overseas jurisdictions, and also regularly work in support of advocates in Jersey and Guernsey. In addition, Darius Khambata SC, one of the leading advocates in Mumbai appearing in the courts of India, is an associate member of One Essex Court, as is James Spigelman AC KC, an arbitrator based in Australia.