William Day

William Day

Call: 2016

"One of the best baby junior barristers. Will is extremely switched on to technical legal issues having both come to the Bar from a Magic Circle law firm and also having academic interests."

- Legal 500 UK Bar (2022)

"A fabulous barrister. William is intellectually brilliant coupled with an easy manner and very approachable."

- Legal 500 UK Bar (2022)

"A star junior barrister with a brilliant ability to see the critical points in the case and then to work out how best to address them."

- Legal 500 UK Bar (2022)

Practice Overview

William is a versatile barrister with extensive interlocutory, trial, and appellate experience. His practice spans all aspects of commercial litigation and arbitration. He has particular experience in banking and finance disputes, commercial fraud cases, and company law and insolvency matters. A number of his cases are cross-border in nature and raise complex jurisdiction and choice of law issues.

Ranked as a rising star in the Legal 500 for commercial litigation, banking and finance, and insolvency, William is described as a “star junior barrister with a brilliant ability to see the critical points in the case”, “extremely switched on to technical legal issues”, “intellectually brilliant coupled with an easy manner and very approachable”, “fabulous”, and “a name to note” in the insolvency market for his involvement “in a number of fraud-infused cases”.

William’s current and recent instructions include acting for Stonegate in a £1.1bn Covid-19 business interruption insurance claim; appearing for investors in the £1.3bn Eclipse litigation against HSBC; acting for Petroleos de Venezuela in $80m US sanctions litigation; defending Lloyds Bank from a £150m claim arising from the administration of Jaeger; defending IIFL Wealth in a £50m claim relating to German financial services company, Wirecard; and appearing for the customer advocate in the Amigo consumer finance £112m scheme of arrangement.

Alongside practice, William is a Fellow in Law at Downing College, Cambridge (see here) where he teaches commercial law and other private law subjects. He has published widely on commercial law, and his work has been cited by and to the Commercial Court, Court of Appeal and Supreme Court. Most recently his published work on economic duress was praised as “excellent” by Lord Burrows in the Supreme Court’s decision in Pakistan International Airline Corp v Times Travel [2021] UKSC 40, [2021] 3 WLR 727.

William was previously a solicitor at Allen & Overy, where he worked on a range of commercial disputes with an emphasis on banking and finance litigation. He has also acted as a judicial assistant in the Chancery Division and has been seconded to the in-house litigation team at Credit Suisse.

William is regularly instructed led and unled to act in a range of commercial disputes in the Commercial Court, the Chancery Division, the Commercial Circuit Court and in LCIA, ICC, SIAC and ICSID arbitrations.

Experience includes:

  • Stonegate v MS Amlin & Ors (Commercial Court, judgment awaited) – acting for UK’s largest pub owner in expedited £1.1bn Covid-19 business interruption insurance claim.
  • Middle East Real Estate v Lipton Rogers (Chancery Division, listed for a 4 week trial in 2024) – acting for defendant in £11m commission claim for the financing and development of 22 Bishopsgate (the tallest building in the City of London).
  • ICC Arbitration (2021) – acting for leading Central European food manufacturer in £37m breach of tax warranty claim under share purchase agreement.
  • ICSID Arbitration (2021) – acting for investor in Romania’s largest insurance company in claim against the Romanian state in connection with its special administration and liquidation.
  • LCIA Arbitration (2020) – acting for shareholder in well-known beverage company in private equity dispute arising from exercise of £15m put option.
  • Winlink v Liverpool FC [2020] EWHC 2271 (Comm) – acting for sports intermediary in dispute over commission in respect of £15m shirt sponsorship of Liverpool FC.
  • Davis & Co v Alam and Alam [2020] EWHC 3284 (Comm) – acting for claimant seeking injunctive relief and damages arising from acquisition of accountancy business.
  • Medenta Finance v Hitachi Capital [2019] EWHC 323 (Comm) and [2019] EWHC 516 (Comm) – expedited Commercial Court trial raising issues of interpretation, implication and rectification of restrictive covenants in financial brokerage agreement.
  • ICC Arbitration (2019) – acting for claimant in £4m gas field project dispute raising issues of termination, frustration, damages, and restitution for total failure of consideration.
  • LCIA Arbitration (2018) – acting for claimant in £9m claim for breach of restrictive covenants in SPA for digital marketing company.

Before transferring to the bar, William was a specialist in banking and finance litigation, and financial services disputes as a solicitor at Allen & Overy. Since transferring to the bar, he has appeared for numerous banks including Deutsche Bank, RBS, NatWest, Lloyds, Barclays, Santander and HSBC in retail and commercial banking cases. He is also instructed by the Financial Conduct Authority on contentious financial services matters.

Experience includes:

  • Investors in Eclipse v HSBC (Commercial Court, listed for 10 week trial in 2024) – acting for claimant group in  a £1.3bn mis-selling claim against HSBC in connection with the Eclipse / Disney film finance schemes. See also [2022] EWHC 227 (Comm), [2022] Costs LR 325 and [2022] EWHC 1843 (Comm).
  • Heytex v Unity Trade Capital (Chancery Division, ongoing) – acting for claimant in dispute over international letter of credit arrangements.
  • Tillman v Lloyds Bank and Better Capital (Commercial Court, settled) – defending Lloyds Banks in £150m claim by the former owner of the high street chain Jaeger arising from the circumstances of its administration.
  • AB Insolvency v Deutsche Bank (Central London County Court, now on appeal in Chancery Division) – appeared for Deutsche Bank at trial in commission claim arising from hire of senior executive (unreported but see here).
  • Bankserve v Deutsche Bank (London Circuit Commercial Court, ongoing) – acting for Deutsche Bank defending claim from insurer broker seeking commission from role in settlement of dispute under asset finance agreements with prominent Greek shipowner.
  • Financial Conduct Authority v Synergy Land Group (Chancery Division, ongoing) – acting for the FCA seeking distribution order in connection with unauthorised collective investment scheme.
  • Cyan Finance v Wilton Group (London Circuit Commercial Court, settled) – acting for claimant in £9m claim relating to defaults under in respect of advances under the Coronavirus Business Interruption Loan Scheme.
  • Banco San Juan v Petroleos de Venezuela [2020] EWHC 2937 (Comm), [2021] 2 All ER (Comm) 590 and [2021] EWCA Civ 610 – acting for Venezuela’s state-owned oil giant in $80 million dispute under credit agreements affected by US sanctions.
  • Financial Conduct Authority v 24HR Trading Academy [2020] EWHC 1455 (Ch) and [2021] EWHC 648 (Ch) – acting for the FCA in claim for breach of the general prohibition based on unauthorised investment advice and investment arrangements, including obtaining ex parte a freezing order.
  • Credit Suisse Asset Management v Titan 2006-1 [2016] EWHC 969 (Ch) and [2016] EWCA 1293 – at Allen & Overy, acting for defendant cash manager and agent bank in securitisation note dispute.
  • Metlife v JP Morgan Chase Bank [2015] EWHC 463 (Comm) and [2016] EWCA Civ 1248 – at Allen & Overy, acting for the defendant bank in dispute over inflation-linked bonds.

Much of William’s practice involves disputes at the cross-over between finance, fraud and insolvency. He has a wide-ranging experience of commercial fraud cases, including acting led and unled in a number of applications for freezing and prohibitory injunctions and search orders.

Experience includes:

  • Manek v IIFL Wealth & Ors (Commercial Court, ongoing) – acting for UK branch of Indian financial services company defending £50 million claim relating to sale of Indian payments company Hermes to Wirecard.
  • Guy v Foster (Commercial Court, ongoing) – acting for purchaser of rural estate and wedding business in Dorset in £18m deceit claim against seller.
  • Boettcher v Xio & Ors (Commercial Court, ongoing) – acting for former global head of value creation in claim against a fund and its partners for alleged misrepresentations as to the nature of the fund and its investor base.
  • Banque Havilland v Mazurier & Ors (Supreme Court of the Bahamas, settled) – $10m fraud claim to rescind various business introducer agreements allegedly entered into in breach of fiduciary duty.
  • Aggreko v Sumitomo Mitsui Banking Corp & Ors (Commercial Court, 2020, unreported, but see press here) – acted for claimant in $37 million claim against a Yemeni electricity company. Injunctive relief obtained preventing payment out under fraudulent call on performance bonds in support of DIFC-LCIA arbitral proceedings.
  • CMOC Sales and Marketing v Persons Unknown [2018] EWHC 2230 (Comm) – as a pupil assisting Philip Hinks, in claim in conspiracy and knowing receipt claim by corporate victim of $10million cyber fraud against persons unknown

William’s experience encompasses liquidations, administrations and bankruptcies, including not only bankruptcy and winding up petitions, but also applications to challenge officeholder decisions, to reverse transactions at an undervalue, to restore companies to the register at Companies House, and to access a company’s register of members. William also has been instructed in restructuring matters, including schemes of arrangement.

Experience includes:

  • Brake v The Chedington Court Estate [2022] EWCA Civ 235 and [2020] EWCA Civ 1491, [2021] BusLR 577; see also [2020] EWHC 1810 (Ch), [2020] 4 WLR 113; [2021] EWHC 670, [2021] 4 WLR 71 and [2021] EWHC 671; and [2021] EWHC 2308 (Ch) – acting in related bankruptcy and partnership liquidation proceedings, now leading authorities on standing to make insolvency applications, on section 283A of the Insolvency Act 1986, on unfair prejudice in the context of standalone moratoriums, and on rights of confidence/privacy in the insolvency context. Now on appeal to the Supreme Court.
  • Re ALL Scheme [2022] EWHC 549 (Ch) and [2022] EWHC 1318 (Ch) – acting for customer advocate at directions and sanctions hearing in £112m scheme of arrangement of consumer finance group, Amigo.
  • Re Harrington and Charles Co Ltd [2021] EWHC 1566 (Ch) – acting for an investment bank in a $774m multi-jurisdictional asset tracing exercise through UK shell companies in liquidation/dissolution.
  • Re Core VCT plc (in liquidation) [2020] EWCA Civ 1207, [2021] PNLR 10 and [2019] EWHC 540 (Ch) and [2019] EWHC 701 (Ch) – acting for liquidators of private equity funds resisting an application for removal from office, and obtaining information and documents from third parties under section 234 to 236 of the Insolvency Act 198. Now the leading authority on members’ voluntary liquidations.
  • Re Mediterranean Insurance and Reinsurance Ltd (in administration) (2019-2021) – acting for administrators of an insolvent insurance undertaking seeking court directions to make distributions to creditors, and move into liquidation.
  • Re Asia Resource Minerals plc (PS/2015/15) – at Allen & Overy, acting for an investment bank in respect of Takeover Panel proceedings over a concert party reverse takeover.

William has a particular interest in the conflict of laws, and receives regular instructions on jurisdictional and choice of law matters. He won the John Morris Prize for best performance in the subject in his postgraduate studies at Oxford, and has also published on topical jurisdiction and choice of law issues.

Experience includes:

  • RBS v Schommer (London Circuit Commercial Court, ongoing) – acting for claimant in jurisdiction challenge in litigation arising out of default under loan agreement.
  • Boettcher v Xio & Ors (Commercial Court, ongoing) – acting for claimant in jurisdiction challenge in litigation against a fund and its partners for alleged misrepresentations as to the nature of the fund and its investor base.
  • Banco San Juan v Petroleos de Venezuela [2020] EWHC 2937 (Comm), [2021] 2 All ER (Comm) 590 and [2021] EWCA Civ 610 – acting for Venezuela’s state-owned oil giant in $80 million dispute about the effect of foreign law illegality at common law (the ‘Ralli Bros’ rule) and under the Rome I Regulation on English law credit agreements.
  • Anon (2020) – advising international auction house on potential liability regarding artwork allegedly stolen by the Nazis in the Second World War, raising issues of applicable law for liability and limitation for conversion, negligence and breach of contractual terms.
  • SIAC Arbitration (2018) – acting on an arbitration concerning issues of proof of foreign law and recognition of foreign judgments.
  • Marme Inversiones v RBS & Ors [2016] EWHC 1570 (Comm) – at Allen & Overy, acting for the second to fifth defendants in jurisdiction challenge involving lis pendens and interface between the Brussels Regulation and the Insolvency Regulation.
  • Plaza v Law Debenture [2015] EWHC 43 (Ch) – as judicial assistant to Proudman J, a jurisdiction challenge involving reflexive effect of provisions of the Brussels Regulation.

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