Ian Simester

Notable Commercial Disputes Cases

Fiesta Hotels and Resorts SL and others v Deutsche Bank (CL-2020-000748)

A $500 million derivative mis-selling claim involving (amongst other things) allegations of fraud, breach of tortious duty and lack of capacity.

R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28

An appeal concerning whether standalone litigation funding agreements pursuant to which a funder is entitled to recover a percentage of any damages recovered constitute “damages-based agreements” for the purposes of section 58AA(3) of the Courts and Legal Services Act 1990 and other associated legislation. The case is one of The Lawyer’s Top 10 Appeals of 2023.

Palladian Partners v LP and others v Republic of Argentina and another (FL-2019-000010)

A €1 billion+ noteholder claim claim brought by holders of GDP-linked bonds issued by the Republic of Argentina as part of its national debt restructuring. A 4-week Commercial Court trial took place in October/November 2022. The case is one of The Lawyer’s Top 20 Cases of 2022.

Soteria Insurance Ltd (formerly CIS General Insurance Ltd) v IBM United Kingdom Ltd [2022] EWCA Civ 440

Assisting (during pupillage) with a successful appeal concerning the proper construction of an exclusion clause which included liability for “indirect or consequential losses, or for loss of profit, revenue [or] savings“. The Court of Appeal’s decision is now the leading authority on the nature of wasted expenditure claims. The case is one of The Lawyer’s Top 10 Appeals of 2022.

Crossley and others v Volkswagen Aktiengesellschaft and others [2021] EWHC 3444 (QB) (The VW Emissions Group Litigation)

Assisting (as a pupil) with a strike-out application in relation to the ‘diesel-gate’ emissions claims against Volkswagen. The claims were initially brought under the largest ever Group Litigation Order (c. 100k Claimants). They were settled in May 2022.

Newham LBC v Barclays Bank

Assisting (as a pupil) with an appeal against the decision to strike-out claims brought by a local council seeking rescission of hundreds of millions of pounds of “Lender Option Borrower Option” (“LOBO”) loans. The claims relied on alleged implied representations based on LIBOR misconduct. They were settled shortly before the appeal was listed to commence in February 2022.

Film Partnerships Claim

Assisting (during pupillage) with the defence of a substantial multi-party claim arising out of the marketing and operation of film partnership schemes.

Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20; Meadows v Khan [2021] UKSC 21

These separate appeals concerned the proper approach to ascertaining the scope of a professional’s duty of care in the context of negligent advice given by accountants and doctors. These decisions are now the leading authorities on the scope of the duty of care in negligence. (As a Judicial Assistant at the Supreme Court).

Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49

An appeal concerning whether, in circumstances where a proprietary claim is brought by a company against its directors to recover proceeds of crime received in breach of fiduciary duty: (i) that proprietary claim could be asserted in priority to a confiscation order obtained by the Crown Prosecution Service; and (ii) the illegality of the directors be could be attributed to the company in circumstances where the company suffered no loss and stood to profit from the crime. (As a Judicial Assistant at the Supreme Court).

Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8

An appeal concerning the scope of solicitors’ equitable liens. The appeal arose within the context of large-volume claims being made against Ryanair under Regulation No 261/2040 (the ‘EU Air Passenger Rights Regulation’). (As a Judicial Assistant at the Supreme Court).