Fountain Court Chambers

London & Singapore

Paul CaseyCall Date: 2002

Paul Casey has a commercial and civil practice which focuses on commercial and fraud disputes (both litigation and arbitration), banking and financial services, and employment.

Areas of Expertise

  • Banking & finance
  • Commercial dispute resolution
  • Employment
  • Financial services
  • Fraud: civil
  • International arbitration

Education

  • BA History, Trinity College Cambridge (Double First)
  • M. Phil in Medieval History, Trinity College Cambridge (Distinction)
  • CPE/Diploma in Law, City University (Commendation)

Appointments, memberships, prizes

  • Major Scholarship, Inner Temple (2001)
  • Princess Royal Scholarship, Inner Temple (2000)
  • British Academy Award for Postgraduate Study (1999)
  • Research Scholarship, Trinity College Cambridge (1999)
  • Walker Prize, Trinity College Cambridge (1999)
  • College Prizes, Trinity College Cambridge (1998 and 1999)
  • Senior Scholarship, Trinity College Cambridge (1998)
  • Choral Scholarship, Trinity College Cambridge (1996)

Recent practice

Commercial Disputes & Civil Fraud

  • Peak Hotels and Resorts Ltd v Tarek Investments Ltd: Acting in proceedings concerning whether investments in a luxury hotel and resorts chain were procured by fraud.
  • Bank Alkhair v Al Refai: Acting in proceedings in which a series of Bahraini criminal and civil judgments against the former CEO of the Bank are alleged to have been procured by fraud.
  • Wright v Rowland: Acting in a claim to recover the value of a 5% interest in a private Luxembourg bank as a deal introduction fee.
  • Dar Al Arkan (2) Bank Alkhair v (1) Al Refai (2) Kroll & Ors: Acting for the claimants in a US$800 million claim for conspiracy, breach of confidence and libel. Issues included Bahraini and Saudi law, Bahraini banking regulation, forensic accountancy and fraud. One of “The Lawyer’s” Top 20 cases for 2014.
  • Acting for a major construction company alleged to have been involved in an allegedly long-standing conspiracy to “black-list” trade union activists.
  • Gudavadze v Anisimov: Acting for the claimants in a multi-billion dollar claim concerning the ownership of a shareholding in a Russian aluminium company. The issues included breach of contract, fraud, jurisdiction, conflict of laws, Russian and Georgian law, asset tracing and complex facts spanning a period of around 12 years. One of “The Lawyer’s” Top 20 cases for 2014
  • Berezovsky v Hine litigation: Acting in a number of separate multi-billion dollar actions, including acting as lead junior on a claim to in excess of US$600 million of Russian aluminium assets. Issues dealt with included breach of trust and fiduciary duty, fraud, Russian law, Russian asset valuation, a large scale disclosure exercise, forensic accountancy, asset tracing, privilege, and complex factual issues spanning an 18 year period. One of “The Lawyer’s” Top 20 cases for 2012
  • VTB Capital Plc v Nutritek & Ors: Acting for the principal defendant in relation to ancillary and substantive BVI proceedings and English proceedings concerning an alleged conspiracy to obtain a US$240 million loan from the claimant bank. Issues included interim injunctions, jurisdiction, Russian law and the enforcement of cross-undertakings on a freezing injunction  
  • Acting for British Airways in a claim for damage to a Boeing 747 aircraft as a result of a collision at Heathrow Airport
  •  Acting for one of the competing parties in interpleader proceedings concerning the ownership of substantial funds held in Switzerland and Gibraltar
  • Qioptiq Ltd v Teledyne Scientific Imaging LLC: Acting for a defence industry manufacturer in proceedings relating to the alleged breach of a distribution agreement with a US defence contractor. Issues included jurisdiction and US and UK regulation of military equipment
  • Xytis Pharmaceuticals Sarl v London School of Hygiene and Tropical Medicine: Acting for the Defendant in injunctive proceedings and at an expedited trial in which a bio-tech company alleged that an international clinical drugs trial had been conducted negligently
  • Instructed for a telecommunications company in a US$170 million LCIA arbitration concerning whether a put option in respect of shares had been validly executed. Issues included contractual construction, foreign law and procedure, fraudulent misrepresentation and mistake
  • Acting in a claim concerning an allegation that a third party induced a repudiatory breach of contract by a party to a US$3 billion asset sale and purchase agreement
  • Acting in a series of disputes arising from the contamination of food with the illegal colorant Para Red
  • Acting for the NHS in a claim against the estate of an allegedly fraudulent dentist

Banking & Financial Services

Regularly instructed in litigation involving swaps, breach of mandate, cheques, loan and guarantee enforcement, PPI, merchant services, letters of credit, FX trading and mis-selling of financial products. Matters include: –

  • In the Dar Al Arkan litigation, acting for a Bahraini bank alleged to have advanced large-scale funding to a related entity in breach of Bahraini banking regulations
  • Acted for a bank in multi-party proceedings concerning allegations of negligent financial modelling and auditing for a major PFI project in Northern Ireland
  • Acted for a bank in a fraud action concerning the misappropriation of funds advanced to the government of Ukraine to upgrade airport safety
  • Mahonia v WestLB: acted for the defendant in an action concerning the enforceability of a US$150 million letter of credit taken out in respect of a transaction involving Enron. Issues included fraud and illegality
  • Advising the FSA on the implementation of MIFI

Employment

Wide experience of acting and advising on employment and agency proceedings, in particular, relating to contractual rights, carried interest and breach of confidence. Matters include: –

  • Acting and advising in arbitral disputes concerning the carried interest rights of investment managers
  • Acted for a mine owner in proceedings concerning the supply of miners and mineworkers by a industrial recruitment agency
  • Acted for a major communications company in proceedings to enforce the restrictive covenants in the contract of its former sales director for EMEA
  • Acted for an investment fund defending a protected disclosures/unfair dismissal claim by a former fund manager
  • Advising the Criminal Bar Association on the employment aspects of the LSC’s proposed scheme for contracts for representation in high value criminal cases

 


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