Catherine Gibaud KC

Catherine regularly acts for banks and financial institutions, and has extensive experience of banking litigation, including considerable experience in representing banks in mis-selling claims relating to derivatives and complex structured financial products (Springwell v JP Morgan Chase), fraud and fraudulent trading disputes (Carlyle Capital Corporation litigation and NMC Healthcare Limited v Noor Bank litigation most recently) and a number of large-scale financial cases.

Catherine is also regularly instructed to advise by way of Opinion in relation to banking and regulatory matters for clients and regulators.

The Legal 500 2025 guide says, “Catherine is a specialist in complex financial disputes. Her advocacy is a model of clarity”. 

Recent instructions include:

• NMC Healthcare Limited v Noor Bank PJSC (alleged fraud of billions of dollars on largest private healthcare provider in the Middle East) Acting for Noor Bank defending fraudulent trading claims brought by the administrators of NMC Healthcare (2023-2024).
• Kalo v Bank Med SAL [2023] EWHC 2606 (Comm) – Acting (2023-2024) for the Lebanese bank in defending claims by customers seeking the international transfer of funds in claims arising out of the Lebanese banking crisis.
• Acting (2023) for Taiwan in relation to ongoing proceedings arising out of complex international enforcement proceedings.
• Acting (2023) for the EU/European Investment Bank in relation to the enforcement of international loan agreements against Syria.
• Acting (2023) for the Lord Advocate of Scotland as an expert in English FSMA regulatory matters in relation to a trial in Scotland involving alleged £60million loss of earnings resulting from malicious prosecution.

Notable cases include:

• The European Union/European Investment Bank v The Syrian Arab Republic [2023] EWHC 1116 (Comm) – Acting for the EU/European Investment Bank in relation to the enforcement of international loan agreements against Syria.
• Commerzbank v Novelis. Acted for Defendant company in dispute about aluminium derivative swaps to the value of $3.5million effected on LME using ISDA agreements. Novel and difficult points of law on rectification and ISDA. Each side claimed $3.5million was owed by the other. Settled just before trial
• Acting for Liquidators in the $1 billion liquidation of the Carlyle Capital Corporation (“CCC”) – Issues relating to RMBS, haircuts, liquidity cushion, leverage, wrongful trading.
• Midtown Acquisitions LP v Essar Global Fund Ltd and others Acting for Essar Global Fund Ltd and other defendants – proceedings by Midtown to enforce New York judgment of c.$200million in UK and other jurisdictions.
• Forsta AP-Fonden v New York Mellon SA/NV and others [2013] EWHC 3127 (Comm) – Acted for Claimant in litigation against former discretionary investment advisers on securities lending cash collateral account. Issues of breach of mandate, securities lending market practice, professional negligence and fiduciary duties.
• Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479 (Comm); [2011] 2 BCLC 54 [2011] 1 CLC 627; [2011] All ER (D) 145 (Mar) Andrew Smith J. Acted for Credit Suisse defending claims of negligent advice and gross negligence  in sale of structured five year euro/dollar note purchased by the claimant for $US12m with Lehman credit risk; issue as to whether there is a distinction between gross negligence and ordinary negligence; whether limitation of liability to gross negligence fair and reasonable on Bank’s standard terms; whether bank liable for failure to foresee and warn of Lehman Brothers collapse.
• Springwell Navigation Corporation (a body corporate) v JP Morgan Chase Bank (a body corporate) (formerly known as the Chase Manhattan Bank) and others (2005-2010) [2010] EWCA Civ 1221; [2010] 2 CLC 705 Claimant Springwell incurred substantial losses in relation to Russian GKO bonds; Bank was found not liable in breach of contract, negligence, breach of fiduciary duty, negligent mis-statement and/or misrepresentation; Gloster J’s judgment upheld by Court of Appeal (Rix, Rimer, Aikens LJJ) Led by Mark Hapgood QC and Adrian Beltrami QC.
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 2848 (Comm) 21 November 2008; JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 1186 (Comm) 27 May 2008; [2008] All ER (D) 167 (Jun) (Gloster J’s judgment on duty of care, contractual estoppel, misrepresentation and other pre-default claims) JP Morgan Chase Bank and others v Springwell Navigation Corporation [2006] EWHC 2755 (3 November 2006); [2007] 1 All ER (Comm) 549 (Aikens J) (Issues as to admission of expert evidence in substantial commercial cases and guidance as to principles to be applied when deciding whether the evidence should be admitted under CPR35.1).
• Credit Agricole Corporate and Investment Bank (formerly known as Calyon) v Wytwornia Sprzetu Komunikacynego PZL Swidnik SA. Acted for the bank in multimillion $ dispute under ISDA Master agreements claiming on a set of foreign currency exchange derivatives (TRFs and SRFs); defending allegations by former client as to lack of authority, misrepresentation, ISDA issues, mis-selling and negligence, issues of Polish law.
• BCCI v. Bank of America (Chancery Division) (Claim by BCCI liquidators against Bank of America for fraudulent trading under s.215 Insolvency Act: issues of banking and insolvency).
• Teambrook Limited v Standard Bank London Ltd (Contractual dispute concerning margined trades in platinum group metals on the London Platinum and Palladium market)
• Société Bordelaise de CIC v. Chesswood Produce Limited (Chancery Division) (Acting for claimant, summary judgment obtained in claim on cheques as inland bills under Bills of Exchange Act. Conflicts issues as to applicable law, validity, transferability, enforcement and indorsement of cheques.
• Ahmed v. Habib Bank Ltd (CA, Mummery LJ and Sir Martin Nourse) [2001] EWCA Civ 1270; Carnwath J, The Times, 2 November 2000; (Application to set aside registration of Pakistani judgment based on three bank guarantees; Issues of fraud on the guarantees, construction of the Act; conflicts of law and jurisdiction).
• Royal Bank of Scotland v Wallace International Ltd (Issues of whether transfer of funds constituted intercompany loan or trust funds, issues of tracing, knowledge and notice on the part of the bank, acquiescence and estoppel. Successfully resisted appeal.)
• Morgan Stanley International v. Alfio Puglisi Cosentino [1998] CLC 481 (Commercial Court Longmore J) (Definition of a “derivative” for purposes of FSA 1986; transaction involving “principal exchange rate linked securities” (PERLS) was a derivative under FSA; issues re enforcement of derivative contract against “private customer”).

Notable cases include:

• Acting (2023) for the Lord Advocate of Scotland as an expert in English FSMA regulatory matters in relation to a trial in Scotland involving alleged £60million loss of earnings resulting from malicious prosecution.
• Acting for a Big Four firm in a s166-style review for the UK accounting regulator, the FRC, reviewing the firm’s Governance, Risks & Control systems and non-financial misconduct/culture
• Advising global corporate client in relation to the design and implementation of a non-financial misconduct and DEI/ESG programme
• Advising on the FCA’s Consumer Duty implementation steps for retail bank
• Advising Board of EU leading bank (Corporate and Institutional banking) in relation to operational resilience and governance issues.
• Advising on recent PRA/FCA regulations concerning ESG, sustainability and TCFD- aligned disclosures for listed companies and financial services firms; FCA’s operational resilience requirements; DEI and non-financial misconduct issues.
• Acting for Guernsey Financial Services Commission (“GFSC”) in long running dispute with directors of Channel Island Stock Exchange. Instructed by GFSC.
• Acted for CEO of Lloyds’ insurance broker defending proceedings brought against him by the Council of Lloyd’s before the Lloyd’s Enforcement Tribunal
• In the matter of AXA Reinsurance Limited, Axa Global Risks (UK) Limited, the Financial Services and Markets Act 2000 (Instructed by the FSA in the matter of the application under FSMA to the court to sanction the transfer of insurance business from Axa Reinsurance UK Limited to Axa Global Risks (UK) Limited and ancillary orders
• In the matter of Satellite Protection Services Limited (in provisional liquidation) – Acting for the FSA in an application where the issue was whether the product sold by the company was or was not a contract of insurance.
• Momentum Homes v W H Ireland Acting for claimants against their stockbrokers alleging negligent financial advice, misselling and breach of FSMA.
• Lincoln v. Citicorp £20m litigation arising out of indemnity clause in sale agreement relating to pension mis-selling claims.
• In the matter of Portsmouth Football Club (2010) Limited – Acted for HMRC in the application to appoint administrators of Portsmouth Football Club before Norris J and successfully resisted appointment of Directors’ choice of administrators on grounds of conflict of interest.
• In the matter of the Equitable Life Assurance Society, The Prudential Assurance Company Ltd, the Financial Services and Markets Act 2000 [2007] EWHC 3128 (Chancery Division, The Chancellor 30.11.07) (Instructed by the FSA in the matter of the application under FSMA to the court to sanction the transfer of business from Equitable to the Prudential and ancillary orders).
• Royal & Sun Alliance v British Engine and others [2006] EWHC 2947 (Chancery Division, David Richards J, 17.10.06) [2006] All ER (D) 196 (Oct) (instructed by the FSA in the application to the court under FSMA for the sanction of the scheme for the transfer of insurance business).
• Re UK-Euro Group plc [2006] EWHC 2102 (Ch); [2007] 1 BCLC 812 (26.7.06) (Company engaged in a share sale fraud, breaches of Public Offer of Securities Regulations and FSMA 2000 in offering shares to the public, successfully acted for DTI in appointing provisional liquidator and in the subsequent contested hearing to wind up the company in the public interest, exposing the fraudulent company director as a result; issues under s.124A Insolvency Act).
• Revenue and Customs Commissioners v Football League Ltd and another [2013] 1 BCLC 285; [2012] EWHC 1372 (Ch), David Richards J Acted for HMRC in proceedings against the Football League relating to the “Football Credit Rules” on insolvency. Issues as to what property was available for distribution on insolvency of a football club; principles of Anti-deprivation and Pari Passu; Payment of particular unsecured creditors in priority to other creditors when football club placed in administration; whether pari passu principle and anti-deprivation rule applied to company in administration; whether football creditor rules contravening pari passu principle and anti-deprivation rule.
• BCCI v. Bank of America (2003) (Chancery Division) (Claim by BCCI liquidators against Bank of America for fraudulent trading under s.215 Insolvency Act: issues of banking, disclosure gateways under FSMA and insolvency).
• Instructed by TSOL on behalf of the Secretary of State for Trade & Industry (DTI) or the Secretary of State for Business, Enterprise and Regulatory Reform (BERR) in the following cases:
  • Secretary of State for Business, Enterprise and Regulatory Reform v Magna Group plc, Magna Engineering Limited, Magna Recycling Limited, Magna Toughened Glass Limited (Acting for Secretary of State in obtaining freezing order against director of defendant companies pending appointment of provisional liquidator).
  • The Commissioner for Police of the Metropolis v Nazir Ahmed (deceased), Irshad Begum and S&F Stafflink Limited – Instructed by TSOL for the Official Receiver in the matter of an application for forfeiture of detained cash in an “honour killing” case under s297 POCA (2008).
  • Secretary of State for Business, Enterprise and Regulatory Reform v Charter Financial Solutions Ltd, Charter Financial Solutions (UK) Ltd, Finance Select (UK) Ltd, Bounce World Ltd, Trash Express UK Ltd (winding up in the public interest).
  • Re UK-Euro Group plc [2006] EWHC 2102 (Ch); [2007] 1 BCLC 812 (26.7.06) (Company engaged in a share sale fraud, breaches of Public Offer of Securities Regulations and FSMA 2000 in offering shares to the public, successfully acted for DTI in appointing provisional liquidator and in the subsequent contested hearing to wind up the company in the public interest, exposing the fraudulent company director as a result; issues under s.124A Insolvency Act).
  • In the matter of Spectral Sound Limited and others (winding up in the public interest, false accounting, fraud).
  • In the matter of Extensa Limited (fraudulent use of company; “hijack companies”; winding up in the public interest).
  • In the matter of Direct Trade Services (winding up in the public interest, using the company as a vehicle for fraud). (winding up in the public interest, false accounting, fraud).
  • In the matter of Absolute Mortgages Direct Limited, Absolute Bridging Direct Limited, Your New Homes Limited In the matter of Candy Care Limited (winding up in the public interest, false accounting, fraud).
  • In the matter of Club LaBourse Travel Limited and TAG World Services Limited (winding up in the public interest).
  • In the matter of Premier Capital Investments Limited and others (issues relating to winding up in the public interest, DDA).

Key cases include:

• Acting for Peugeot/Citroen in the “Dieselgate” litigation (2024) In Re: Pan NOx Emissions Litigations [2024] EWHC 1222 (KB); Various Claimants v Mercedes-Benz Group AG and others [2024] EWHC 695 (KB)
• NMC Healthcare Limited v Dubai Islamic Bank PJSC and Noor Bank PJSC (alleged fraud of billions of dollars on largest private healthcare provider in the Middle East) Acting for Noor Bank defending fraudulent trading claims brought by the administrators of NMC Healthcare (2023-2024).
• The European Union/European Investment Bank v The Syrian Arab Republic [2023] EWHC 1116 (Comm) – Acting for the EU/European Investment Bank in relation to the enforcement of international loan agreements against Syria.
• Strategic Technologies v Taiwan – acting for Taiwan in relation to ongoing enforcement proceedings arising out of the registration of a Singaporean judgment under the Administration of Justice Act 1920 including issues arising under a Third Party Debt Order.
• Midtown Acquisitions LP v Essar Global Fund Ltd and others – Acting for Essar Global Fund Ltd and other defendants – proceedings by Midtown to enforce New York judgment of c.$200million in UK and other jurisdictions.
• Acted for Liquidators in the $1 billion liquidation of the Carlyle Capital Corporation (“CCC”) Issues relating to RMBS, haircuts, liquidity cushion, leverage, wrongful trading.
• Advising Housing Association on dispute with Lenders relating to a £260 million loan agreement, issues relating to proper construction of clause relating to release of security.
• Acting for Lloyd’s Bank (2014) in multi-million pound derivatives swaps case.
• Acting for a University in relation to its dispute with a Lender in relation to the proper construction of Facility Agreements and whether substantial break costs were payable under the Facility Agreements.
• Advising and defending Export Guarantee Company of India in relation to claims in Commercial Court relating to alleged breaches of contract in the context of reinsurance of exporters’ receivables from Iraq during first and second Gulf wars.
• Acting for Guernsey Financial Services Commission (“GFSC”) in long running dispute with directors of Channel Island Stock Exchange.
• Acting in a multi-million pound partnership dispute involving rights to tobacco franchises in Africa led by Barbara Dohmann QC.
• Forsta AP-Fonden v New York Mellon SA/NV and others (2013) Acting for Claimant in on-going litigation against former discretionary investment advisers on securities lending cash collateral account. Issues of breach of mandate, securities lending market practice, professional negligence and fiduciary duties.
• Commerzbank v Novelis (2012) Acted for Defendant company in dispute about aluminium derivative swaps to the value of $3.5million effected on LME using ISDA agreements. Novel and difficult points of law on rectification and ISDA. Each side claimed $3.5million was owed by the other. Settled before trial in December 2012.
• Procter & Gamble Co and other companies v Svenska Cellulosa Aktiebolaget SCA and another company [2012] EWCA Civ 1413 (CA) (Rix, Moore-Bick and Lewison LJJ, upholding judgment of Hildyard J at [201 Dispute about Sale and Purchase Agreement and proper construction of clauses dealing with currency of account and currency of payment; whether exchange rate to convert to currency of payment should be fixed or floating on the proper construction of the SPA.
• Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479 (Comm); [2011] 2 BCLC 54 [2011] 1 CLC 627; [2011] All ER (D) 145 (Mar), Andrew Smith acted for Credit Suisse defending claims of negligent advice and gross negligence in sale of structured five year euro/dollar note purchased by the claimant for $US12m with Lehman credit risk; issue as to whether there is a distinction between gross negligence and ordinary negligence; whether limitation of liability to gross negligence fair and reasonable on Bank’s standard terms; whether bank liable for failure to foresee and warn of Lehman Brothers collapse; Unfair Contract Terms Act 1977, s 11.
• Acting for two Housing Associations in disputes with a group of lenders over £85million Facility Agreement and £100 million Facility Agreement with issues of inter alia interest cover ratios and proper construction of the clauses relevant to the calculation of these ratios; proper construction of clauses in Agreements.
• Springwell Navigation Corporation (a body corporate) v JP Morgan Chase Bank (a body corporate) (formerly known as the Chase Manhattan Bank) and others [2010] EWCA Civ 1221; [2010] 2 CLC 705 Claimant Springwell incurred substantial losses in relation to Russian GKO bonds; Bank was found not liable in breach of contract, negligence, breach of fiduciary duty, negligent mis-statement and/or misrepresentation; Bank being found properly to have claimed force majeure and terminated contract. Gloster J’s judgment upheld by Court of Appeal (Rix, Rimer, Aikens LJJ) Led by Mark Hapgood QC and Adrian Beltrami QC.
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 2848 (Comm) 21 November 2008; Gloster J’s judgment ordering that Springwell should pay 65% of J P Morgan Chase’s costs of the action on an indemnity basis).
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 1793 (Comm) 25 July 2008; (Gloster J’s judgment in relation to post-default claims).
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 1186 (Comm) 27 May 2008; [2008] All ER (D) 167 (Jun) (Gloster J’s judgment on duty of care, contractual estoppel, misrepresentation and other pre-default claims).
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2006] EWHC 2755 (3 November 2006); [2007] 1 All ER (Comm) 549 (Aikens J) (Issues as to admission of expert evidence in substantial commercial cases and guidance as to principles to be applied when deciding whether the evidence should be admitted under CPR35.1).
• Teambrook Limited v Standard Bank London Ltd (2005) (Contractual dispute concerning margined trades in platinum group metals on the London Platinum and Palladium market; litigation settled out of court).
• BC International Limited (UK distributor of Playboy Clothing) v Caprice Bourret (2004) (Issues of forum non conveniens – New York/London).
• BCCI v. Bank of America (2003) (Chancery Division) (Claim by BCCI liquidators against Bank of America for fraudulent trading under s.215 Insolvency Act: issues of banking and insolvency). Led by Robin Dicker QC, Ewan McQuater QC and Adrian Beltrami.
• Child-Villiers v Aon Risk Services (UK) Ltd [2002] EWCA Civ 1118; [2002] ALL ER (D) 410 (Jun) (Lord Phillips MR, May and Law LJJ) (Successful appeal to CA. Issues of contract, quantum meruit and credibility of witnesses).
• Sophie Dahl v Marie Claire (2002) (Issues of breach of contract, right to protection of the Claimant’s image and reputation, Article 8 ECHR).
• Melinda Messenger v Arcadia Management (London) Limited and others (2001-2002) (Acted for Melinda Messenger in dispute with agents, action for breach of contract, breach of trust and an account).
• Société Bordelaise de CIC v. Chesswood Produce Limited (2002) (Chancery Division) (Acting for claimant, summary judgment obtained in claim on cheques as inland bills under Bills of Exchange Act. Conflicts issues as to applicable law, validity, transferability, enforcement and indorsement of cheques.
• Ahmed v. Habib Bank Ltd (CA, Mummery LJ and Sir Martin Nourse) [2001] EWCA Civ 1270; Carnwath J, The Times, 2 November 2000; (Application to set aside registration of Pakistani judgment based on three bank guarantees; Issues of fraud on the guarantees, construction of the Act; conflicts of law and jurisdiction). Led by Richard Salter QC.
• Skrine & Co & others v. Euromoney Publications plc & ors (CA, Pill, May LJJ, Rimer J) [2001] EWCA Civ 1479 The Times 10.11.2000; [2001] All ER (D) 134 (Oct) (Contribution proceedings under 1978 Act; Issues concerning Human Rights Act 1998, justiciability, comity). Led by Ian Geering QC.
• Lincoln v. Citicorp (£20m litigation arising out of indemnity clause in sale agreement relating to pension mis-selling claims). Led by Andrew Onslow QC.
• Smith v Probyn and PGA European Tour Ltd (Morland J, 25.2.2000) The Times 29 March 2000,144 SJLB 134 (Service of claim form under the CPR invalid where no prior written confirmation obtained that solicitors were authorised to accept service).
• Reliance National and others v Provident Medical Limited (Commercial Court, Longmore J, 21.7.00) (Acting for Claimants in successful application to deliver up documents under injunction). Led by Rory Phillips QC.
• Hodgson and others v. Imperial Tobacco Ltd and anr (Wright J, 4.2.99) (“Tobacco Litigation”, product liability group action: whether Court should exercise discretion under s.33 Limitation Act 1980). Led by Justin Fenwick QC.
• Hadley v. Kemp [1999] EMLR 589 (Park J, Ch Div). (Acted for band members of Spandau Ballet in dispute with Gary Kemp over publishing income and issues as to joint authorship in the musical works). Led by Andrew Sutcliffe QC.
• Morgan Stanley International v. Alfio Puglisi Cosentino (Commercial Court Longmore J) (Definition of a “derivative” for purposes of FSA 1986; transaction involving “principal exchange rate linked securities” (PERLS) was a derivative under FSA; issues re enforcement of derivative contract against “private customer”).

• NMC Healthcare Limited v Dubai Islamic Bank PJSC and Noor Bank PJSC (alleged fraud of billions of dollars on largest private healthcare provider in the Middle East) Acting for Noor Bank defending fraudulent trading claims brought by the administrators of NMC Healthcare (2023-2024).
• Acting for Liquidators in the $1 billion liquidation of the Carlyle Capital Corporation (“CCC”) Issues relating to RMBS, haircuts, liquidity cushion, leverage, wrongful trading.
• BCCI v. Bank of America (Chancery Division) (Claim by BCCI liquidators against Bank of America for fraudulent trading under s.215 Insolvency Act: issues of banking and insolvency).
• Instructed by TSOL on behalf of the Secretary of State for Trade & Industry (DTI) or the Secretary of State for Business, Enterprise and Regulatory Reform (BERR/BEIS) in the following “winding up in the public interest” cases:
  • Secretary of State for Business, Enterprise and Regulatory Reform v Magna Group plc, Magna Engineering Limited, Magna Recycling Limited, Magna Toughened Glass Limited (Acting for Secretary of State in obtaining freezing order against director of defendant companies pending appointment of provisional liquidator) Patten J (ChD) 9.12.08.
  • The Commissioner for Police of the Metropolis v Nazir Ahmed (deceased), Irshad Begum and S&F Stafflink Limited – Instructed by TSOL for the Official Receiver in the matter of an application for forfeiture of detained cash in an “honour killing” case under s297 POCA (2008).
  • Secretary of State for Business, Enterprise and Regulatory Reform v Charter Financial Solutions Ltd, Charter Financial Solutions (UK) Ltd, Finance Select (UK) Ltd, Bounce World Ltd, Trash Express UK Ltd (winding up in the public interest) (2008).
  • Re UK-Euro Group plc [2006] EWHC 2102 (Ch); [2007] 1 BCLC 812 (26.7.06) (Company engaged in a share sale fraud, breaches of Public Offer of Securities

• NMC Healthcare Limited v Dubai Islamic Bank PJSC and Noor Bank PJSC (alleged fraud of billions of dollars on largest private healthcare provider in the Middle East) Acting for Noor Bank defending fraudulent trading claims brought by the administrators of NMC Healthcare (2023-2024).
• Sita UK Group Holdings Ltd v Serruys and others – Instructed to act for the defendants in £100million fraud case where claimants alleged fraudulent breach of warranty after acquisition of the business.
• Re UK-Euro Group plc Company engaged in a share sale fraud, breaches of Public Offer of Securities Regulations and FSMA 2000 in offering shares to the public, successfully acted for DTI in appointing provisional liquidator and in the subsequent contested hearing to wind up the company in the public interest, exposing the fraudulent company director as a result; issues under s.124A Insolvency Act.
• BCCI v. Bank of America (2003) (Chancery Division) (Claim by BCCI liquidators against Bank of America for fraudulent trading under s.215 Insolvency Act: issues of banking and insolvency).
• Ahmed v. Habib Bank Ltd (CA, Mummery LJ and Sir Martin Nourse) [2001] EWCA Civ 1270; Carnwath J, The Times, 2 November 2000; (Application to set aside registration of Pakistani judgment based on three bank guarantees; Issues of fraud on the guarantees, construction of the Act; conflicts of law and jurisdiction).
• Instructed by TSOL on behalf of the Secretary of State for Trade & Industry (DTI) or the Secretary of State for Business, Enterprise and Regulatory Reform (BERR/BEIS) in the following cases:
  • Secretary of State for Business, Enterprise and Regulatory Reform v Magna Group plc, Magna Engineering Limited, Magna Recycling Limited, Magna Toughened Glass Limited (Acting for Secretary of State in obtaining freezing order against director of defendant companies pending appointment of provisional liquidator) Patten J (ChD) 9.12.08.
  • The Commissioner for Police of the Metropolis v Nazir Ahmed (deceased), Irshad Begum and S&F Stafflink Limited – Instructed by TSOL for the Official Receiver in the matter of an application for forfeiture of detained cash in an “honour killing” case under s297 POCA (2008).
  • Secretary of State for Business, Enterprise and Regulatory Reform v Charter Financial Solutions Ltd, Charter Financial Solutions (UK) Ltd, Finance Select (UK) Ltd, Bounce World Ltd, Trash Express UK Ltd (winding up in the public interest) (2008).
  • Re UK-Euro Group plc [2006] EWHC 2102 (Ch); [2007] 1 BCLC 812 (26.7.06) (Company engaged in a share sale fraud, breaches of Public Offer of Securities Regulations and FSMA 2000 in offering shares to the public, successfully acted for DTI in appointing provisional liquidator and in the subsequent contested hearing to wind up the company in the public interest, exposing the fraudulent company director as a result; issues under s.124A Insolvency Act).
  • In the matter of Spectral Sound Limited and others (winding up in the public interest, false accounting, fraud).
  • In the matter of Extensa Limited (fraudulent use of company; “hijack companies”; winding up in the public interest).
  • In the matter of Direct Trade Services (winding up in the public interest, using the company as a vehicle for fraud). (winding up in the public interest, false accounting, fraud).
  • In the matter of Absolute Mortgages Direct Limited, Absolute Bridging Direct Limited, Your New Homes Limited and in the matter of Candy Care Limited (winding up in the public interest, false accounting, fraud).
  • In the matter of Club LaBourse Travel Limited and TAG World Services Limited (winding up in the public interest).
  • In the matter of Premier Capital Investments Limited and others (issues relating to winding up in the public interest, DDA).

• Acting for Peugeot/Citroen in the “Dieselgate” litigation (2024) In Re: Pan NOx Emissions Litigations [2024] EWHC 1222 (KB); Various Claimants v Mercedes-Benz Group AG and others [2024] EWHC 695 (KB)
• Hodgson and others v. Imperial Tobacco Ltd and anr (Wright J, 4.2.99) (“Tobacco Litigation”, product liability group action: whether Court should exercise discretion under s.33 Limitation Act 1980). Led by Justin Fenwick QC.

Cases include:

• Advising and defending Export Guarantee Company of India in relation to claims in Commercial Court relating to alleged breaches of contract in the context of reinsurance of exporters’ receivables from Iraq during first and second Gulf wars.
• In the matter of AXA Reinsurance Limited, Axa Global Risks (UK) Limited, the Financial Services and Markets Act 2000 (Instructed by the FSA in the matter of the application under FSMA to the court to sanction the transfer of insurance business from Axa Reinsurance UK Limited to Axa Global Risks (UK) Limited and ancillary orders) (Warren J, 2.12.08).
• In the matter of Satellite Protection Services Limited (in provisional liquidation) (29 July 2008, Patten J ChD) Acting for the FSA in an application by a provisional liquidator where the issue was whether the product sold by the company was or was not a contract of insurance.
• In the matter of the Equitable Life Assurance Society, The Prudential Assurance Company Ltd, the Financial Services and Markets Act 2000 [2007] EWHC 3128 (Chancery Division, The Chancellor 30.11.07) (Instructed by the FSA in the matter of the application under FSMA to the court to sanction the transfer of business from Equitable to the Prudential and ancillary orders).
• Outokumpo Stainless v. Axa [2007] EWHC] 2555 Comm Ct. Acted for the Claimants in relation to issues of coverage for radiation contamination under the policy.
• Royal & Sun Alliance v British Engine and others [2006] EWHC 2947 (Chancery Division, David Richards J, 17.10.06) [2006] All ER (D) 196 (Oct) (instructed by the FSA in the application to the court under FSMA for the sanction of the scheme for the transfer of insurance business).
• Gan Insurance Co Ltd v Tai Ping; Tai Ping Insurance Co Ltd v Jenner Fenton Slade Ltd (Comm) J, 21.6.2000 [2002] EWCA Civ 248 (Reinsurance dispute. Issues of misrepresentation/non-disclosure; construction of claims co-operation clauses; professional negligence claim against brokers). Led by Tom Weitzman QC.
• Reliance National and others v Provident Medical Limited (Commercial Court, Longmore J, 21.7.00) (Acting for Claimants in successful application to deliver up documents under injunction). Led by Rory Phillips QC.
• Virk v. Gan Life Holdings plc [1999] All ER (D) 946; [2000] Lloyds Rep IR 159; 52 BMLR 207 (CA, Henry, Potter LJJ) (Court of Appeal found that 30 day survival requirement was a condition precedent to payment under critical illness policy).

Key cases include:

• Forsta AP-Fonden v New York Mellon SA/NV and others (2013) Acting for Claimant in on-going litigation against former discretionary investment advisers on securities lending cash collateral account. Issues of breach of mandate, securities lending market practice, professional negligence and fiduciary duties.
• Springwell Navigation Corporation (a body corporate) v JP Morgan Chase Bank (a body corporate) (formerly known as the Chase Manhattan Bank) and others [2010] EWCA Civ 1221; [2010] 2 CLC 705 Claimant Springwell incurred substantial losses in relation to Russian GKO bonds; Bank was found not liable in breach of contract, negligence, breach of fiduciary duty, negligent mis-statement and/or misrepresentation; Bank being found properly to have claimed force majeure and terminated contract. Gloster J’s judgment upheld by Court of Appeal (Rix, Rimer, Aikens LJJ) Led by Mark Hapgood QC and Adrian Beltrami QC.
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 2848 (Comm) 21 November 2008; Gloster J’s judgment ordering that Springwell should pay 65% of J P Morgan Chase’s costs of the action on an indemnity basis).
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 1793 (Comm) 25 July 2008; (Gloster J’s judgment in relation to post-default claims).
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2008] EWHC 1186 (Comm) 27 May 2008; [2008] All ER (D) 167 (Jun) (Gloster J’s judgment on duty of care, contractual estoppel, misrepresentation and other pre-default claims).
• Momentum Homes v W H Ireland Acting for claimants against their stockbrokers alleging negligent financial advice, misselling and breach of FSMA.
• JP Morgan Chase Bank and others v Springwell Navigation Corporation [2006] EWHC 2755 (3 November 2006); [2007] 1 All ER (Comm) 549 (Aikens J) (Issues as to admission of expert evidence in substantial commercial cases and guidance as to principles to be applied when deciding whether the evidence should be admitted under CPR35.1).
• Morgan Stanley International v. Alfio Puglisi Cosentino [1998] CLC 481 (Commercial Court Longmore J) (Definition of a “derivative” for purposes of FSA 1986; transaction involving “principal exchange rate linked securities” (PERLS) was a derivative under FSA; issues re enforcement of derivative contract against “private customer”). Led by Barbara Dohmann QC.