Commercial dispute resolution

Defending a £6m business interruption claim on behalf of an international packaging manufacturer brought by one of its main customers in the Commercial Court following a factory fire which completely destroyed the factory, stock and essential machinery.

Advised one of the ‘big six’ energy suppliers in a claim for damages in excess of £30m against the main supplier of IT outsourced services for business-critical services such as on-line servicing bookings, virus/security protection and the system allowing trading on the energy futures market. We gathered large amounts of complex IT-related evidence and advised the main board on its strategy for the claim and for the potential termination of the contract.

Acting for the Extraordinary Commissioners of a well-known foreign flag-carrier airline in connection with the recovery of $7.5m of security deposits for five aircraft under separate aircraft leases. This has required comprehensive consideration of the construction and interpretation of the aircraft leases as well as resolving limitation / jurisdictional issues and a detailed review of case law surrounding the Brussels Regulation.

Successfully defended a leading high street retailer against a series of claims totalling over £5m which stem from the alleged unlawful termination of a long-term contract for the design/supply of childrenswear sold in 300 stores nationwide. The central allegation included reasonableness of the notice period the profit share element of the relationship, a claim for injunctive relief and an account of profits. The case is now reported as a leading authority on good faith obligations in commercial contracts.

Acted on behalf of Ted Baker PLC and No Ordinary Designer Label Limited in their seven figure claim against a large insurer and two co-insurers in the Commercial Court. The trial of this matter was split: the first part looking at whether the claim was covered under the terms of the policy and the second part looking at whether Ted Baker had complied with the terms of the policy in making the claim and quantum. After almost five weeks at trial whilst Ted Baker was successful in Part 1, the Defendants succeeded in Part 2. Ted Baker has appealed the decision and the permission hearing will take place in Autumn 2015.

Advising the US SIPA Trustee of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff in respect of, and overseeing his English, European and Commonwealth claims arising from the world’s largest fraud. These claims raise multiple, formerly untested, areas of cross-border insolvency law, involving billions of dollars redemptions and fees paid prior to the collapse of Madoff’s infamous Ponzi scheme.