Alexandra Whelan

Notable Commercial Disputes Cases

NMC Healthcare Ltd and ors v Bavaguthu Raghuram Shetty, Pransanth Manghat and Bank of Baroda

Acting for the Claimants, NMC Healthcare Ltd, NMC Holding Ltd and the joint administrators, in respect of claims in the Abu Dhabi Global Markets against one of the former shareholders, a former senior manager and the Bank of Baroda which allege a substantial fraud perpetrated against the NMC Group (a UAE-based private healthcare group) by the main shareholders, and the collusion of the senior management and the Bank of Baroda, in respect of the dissipation of several billion dollars.

Sayacorp B.S.C (formerly First Energy Bank B.S.C.) v NMC Healthcare Ltd and associated companies

Acting for the Defendants and Counterclaimants in proceedings in the courts of the Abu Dhabi Global Markets concerning a claim by Sayacorp B.S.C in respect of sums owed to it pursuant to various lending arrangements and a counterclaim for conspiracy and fraudulent trading in the context of a substantial fraud perpetrated against the NMC Group (a UAE-based private healthcare group) companies and their subsequent administrations and restructure pursuant to a series of deeds of company arrangement (variously with Richard Lissack KC, Henry King KC, Nico Leslie and Robin Lööf).

NMC Healthcare Ltd (in administration) (subject to a deed of company arrangement) and Ors v Dubai Islamic Bank PJSC and Ors [2023] ADGMCFI 0017

Acting for the Claimants in proceedings in the courts of the Abu Dhabi Global Markets concerning security arrangements over loans extended by Dubai Islamic Bank PJSC in the context of a substantial fraud perpetrated against the NMC Group (a UAE-based private healthcare group) companies and their subsequent administrations and restructure pursuant to a series of deeds of company arrangement (variously with Bankim Thanki KC, Felicity Toube KC, Henry King KC, Nico Leslie, Matthew Abraham and Damien Bruneau).

Regera S.a.r.l v Mr Andrew Valmorbida

Acting for the Claimant in a claim in the Commercial Court against the Defendant, a high profile individual involved in art dealing, concerning a failure to repay a loan under a facility agreement (with Simon Atrill KC).

Bondholders dispute

Acting for bondholders in a dispute concerning the redemption of bonds.

Dargamo Holdings Limited v Avonwick Holdings Limited [2021] EWCA Civ 1149

Acting for the respondent in the appeal arising out of a fraud trial, raising issues of restitution (with Laurence Rabinowitz KC and Ben Woolgar).

Mohamed Hassan El Haddad v Khulood Abdulla Hassan Al Rostamani (& oths) [2021] EWHC 1892 (Ch)

Acting for the First to Seventh Defendants in their challenge to the jurisdiction of the English court to hear the Claimant’s claims arising out of an alleged business partnership in the UAE (with Stephen Moriarty KC and Giles Robertson).

Various Claimants v Barclays Partner Finance

Acting in defence of multiple claims brought against Barclays under the Consumer Credit Act 1974 arising out of alleged mis-selling of timeshares (with James Duffy, Nick Daly and Orestis Sherman).

Avonwick Holdings Limited v Azitio & Others [2020] EWHC 1844 (Comm)

Acting for the claimant and others in an eight week trial of a billion dollar claim and counterclaims, raising issues of governing law, foreign law (Ukrainian), civil fraud, contract, and restitution, and in supplementary applications for indemnity costs and freezing orders (with Neil Calver KC, Edward Ho, and Ben Woolgar).

European Film Bonds A/S & Others v Lotus Holdings LLC & Others [2020] EWHC 1115 (Ch)

Acting for three defendants in a dispute about contractual interpretation (with Laura John).

European Film Bonds A/S & Others v Lotus Holdings LLC & Others [2019] EWHC 2116 (Ch)

Acting for three defendants in an application for a stay of proceedings under the Arbitration Act and/or the Court’s inherent jurisdiction (with Laura John).

Acting for a Chinese individual and Hong Kong company in proceedings in the High Court concerning a complex, multi-jurisdictional commercial dispute about a joint venture interest in multi-million-pound global assets and raising issues of Chinese, Hong Kong, Luxembourg, and English law; and appearing for the same clients in resisting an application for security for costs (with James McClelland).

Acting for the defendant in proceedings in the County Court alleging breach of contract in the context of an employment relationship (as sole counsel).

Acting for the claimants in bringing proceedings for breach of contract, applying for default judgment, and advising on jurisdictional matters (as sole counsel).

Acting for the defendant/counterclaimant in a nuisance claim before the County Court (as sole counsel).