Commercial dispute resolution
Commercial dispute resolution is the core part of the work of Fountain Court. Members advise on commercial disputes daily.
The set has members appearing in over 40% of The Lawyer’s Top Cases of 2020, following a similar level of appearances in previous years.
We advise and appear in complex, high-value disputes in the Commercial Court and Chancery Division, as well as in international commercial arbitrations (seated in the UK and abroad) and in numerous overseas jurisdictions.
Examples of our work include the $3 billion Eurobond claim against Ukraine brought by Law Debenture on behalf of the Russian Federation and heard in the Supreme Court in December 2019 (the longest Supreme Court hearing of any non-public law case in 2019); the Scarborough Group litigation relating to LIBOR; the SKAT litigation; the HP-Autonomy dispute; and two appearances in the Supreme Court in Playboy v Banca Nazionale Del Lavoro.
The scale and variety of our work demonstrates why members of Fountain Court are considered indispensable for the largest value, highest profile, instructions.
Our work includes cases relating to:
- Banking & Finance disputes (also see here)
- Contract disputes
- Fraud matters (also see here)
- Negligence claims (also see here)
- Conflicts of law issues
- Jurisdictional disputes
- Privilege issues
- Ingenious Film Finance Litigation: Acting for various financial institutions in the large scale, high-profile and multi-party dispute arising out investments made in Ingenious Film Partnership schemes.
- Tatneft v Bogolyubov & Others: Acting in a $300 million fraud claim in the Commercial Court between a Russian oil company and four Ukrainian oligarchs.
- The Law Debenture Trust Corporation plc v Ukraine UKSC 2018/0192: Acting for the Ukraine in the $3 billion Eurobond claim brought by Law Debenture on behalf of the Russian Federation and heard in the Supreme Court in December 2019. This was the longest Supreme Court hearing of any non-public law case during 2019.
- SKAT Litigation: Acting for various defendants in the high-profile litigation brought by the Danish tax administration, relating to claims it was defrauded out of approximately £1.5 billion by allegedly false withholding tax reclaims. SKAT has brought proceedings against almost 100 defendants in London.
- HP / Autonomy Litigation: Acting for various parties in the longest running, very high-profile trial of 2019, in claims relating to breach of fiduciary duty, breach of contract and misrepresentation in relation to the acquisition of Autonomy by the Hewlett-Packard group.
- The Public Institution for Social Security v The Man Group & Others: Acting for the claimants and a number of defendants in a billion pound claim against 38 corporations and individuals, involving allegations of bribery and corruption spanning a period of 30 years.
- Robert Tchenguiz v Grant Thornton UK LLP & Others: Acting both for and against the businessman, Robert Tchenguiz, in relation to his claim of in the region of £200 million for unlawful means conspiracy and malicious prosecution relating to his arrest by the Serious Fraud Office in 2011.
- Marme Inversiones v Royal Bank of Scotland & Others: Acting for various parties in a €1 billion claim by a corporate borrower against RBS and a syndicate of banks, relating to alleged fraudulent EURIBOR manipulation by RBS on interest rate swaps. The case is now a leading authority on various aspects of law, including as regards implied representations and the doctrine of agency in the context of syndicated lending.
- National Bank of Kazakhstan v BNY Mellon SA/NV: Acting for BNY Mellon in proceedings brought against it in relation to $23 billion of safe custody assets held by the bank under a global custody agreement. The case raised complex issues of jurisdiction and foreign law. The trial was the first Commercial Court trial ever live streamed via YouTube following The Coronavirus Act 2020.
- PCP Capital Partners v Barclays Bank Plc: Acting for Barclays in a £1 billion claim against it, arising out of capital raising in 2008 by Abu Dhabi.
LEGAL DIRECTORY RANKINGS
- Band 1 for Commercial Dispute Resolution in Chambers & Partners
- Tier 1 for Commercial Litigation in Legal 500