Paul Sinclair QC

Paul Sinclair QC

Call 1997 | Silk 2018

"He is highly cerebral, measured and engaging in advisory mode, commanding and highly effective on his feet."


Chambers & Partners

For enquiries please contact

Sian Huckett

Sian Huckett
Deputy Senior Clerk
+44 (0)20 7842 3764
Click here to email

George Hack
Team Leader
+44 (0)2078423762
Click here to email

Expertise

Paul has acted in numerous cases concerning aviation, in particular aviation finance disputes. He is the author of Chapter in Bullen & Leake on Aviation.

Reported Aviation & Travel Cases


Novus Aviation Ltd v Alubaf Arab International Bank BSC [2017] 1 BCLC 414

Paul acted for the successful claimant in a 6 day trial before Leggatt J in which he successfully enforced a rudimentary ‘Commitment Letter’ in an aviation finance context. The case concerned issues of actual and apparent authority, intention to create legal relations, certainty and execution.


Jet 2.com v Blackpool Airport [2011] EWHC 1529 (Comm)

Commercial court claim concerning obligation of airport to remain open to accept flights by claimant airline outside its normal operating hours.

Notable Aviation & Travel Cases


London Executive Aviation Ltd v Royal Bank of Scotland Plc [2018] EWHC 74 (Ch)

Paul acted for the successful bank in the 11 day trial against a small aviation company.


Company A v Company B

Claim concerning ownership of disputed aircraft parts following Monarch administration.


Company A v Company B

Acting for company involved in repair of aircraft and components and supply of in-flight entertainment in confidential commercial dispute.


Airline v Aircraft Manufacturer

Acting confidentially for a well known airline concerning its rights and obligations under a multi-million dollar contract for the purchase of several aircraft.


Company A v Company B

Acting confidentially for a Russian company concerning rights under various English law contracts for the acquisition of aircraft including enforcement of aircraft mortgages in England and offshore jurisdictions.


Airline v Aircraft Maintenance Company

Acting confidentially for a well-known national flag carrier concerning a claim for damage to an aircraft caused by an aircraft maintenance company.

Paul has acted for Royal Bank of Scotland, National Westminster Bank, HSBC and Barclays Bank on numerous claims concerning alleged mis-selling of interest rate swaps and misrepresentation including LIBOR claims and GRG claims. Other subject matters include cheque conversion, breach of mandate, bailment and a variety of disputes concerning the enforceability of securities, including guarantees and mortgages.

Reported Banking & Finance Cases


Oliver Morley (t/a Morley Estates) v Royal Bank of Scotland [2020] EWHC 88 (Ch), [2019] EWHC 2865 (Ch) [2019] 4 WLR 152

Paul acted for the successful bank in a 3 week trial in November 2019 concerning allegations of economic duress, intimidation and breach of duties of good faith. The Court was asked to resolve issues concerning RBS’s GRG Division and West Register. The case also considered the circumstances in which a party was obliged to serve a witness summary and witness summons.


North Shore Ventures Ltd v Anstead Holdings Inc [2012] Ch 31

Paul acted for the successful claimant seeking to enforce guarantees in a case concerning the enforceability and variation of guarantees and the scope of non-disclosure.

Notable Banking & Finance Cases


London Executive Aviation Ltd v Royal Bank of Scotland plc [2018] EWHC 74 (Ch)

Paul acted for the successful bank in the 11 day trial concerning alleged mis-selling of interest rate swaps and misrepresentation, including in respect of the bank’s CLU.


Property Alliance Group Ltd v Royal Bank of Scotland [2016] EWHC 3342 (Ch)

Paul acted for the successful bank in the groundbreaking PAG litigation, a 10 week trial in the financial list, which was the first civil claim concerning LIBOR manipulation as well as a leading authority on issues such as bankers’ duties, good faith and implied terms.


Novus Aviation Ltd v Alubaf Arab International Bank BSC[2016] EWHC 1575 (Comm)

Paul acted for the successful claimant in a 6 day trial before Leggatt J in which he successfully enforced a rudimentary ‘Commitment Letter’ in an aviation finance context against a Middle Eastern bank. The case concerned issues of actual and apparent authority, intention to create legal relations, certainty and execution.


Claverton Holdings Ltd v Barclays Bank Plc [2015] EWHC 3603 (Comm)

Paul acted for the successful bank in a claim considering the relevant of similar fact evidence in the context of alleged complaints against a bank.


KB Asia v HSBC Bank(2013-2014)

Paul acted for the Bank in a claim concerning allegedly fraudulent calls for payment under Letters of Credit.

Paul is a specialist in commercial litigation and in particular civil fraud. He has considerable experience of acting and advising in connection with claims involving civil fraud, including breach of fiduciary duty, deceit, bribery, dishonest assistance, knowing receipt and equitable remedies. He has frequent experience of obtaining or setting aside freezing injunctions and other interim relief in the context of civil fraud claims, large and small including internet and phishing fraud.

Notable Civil Fraud Cases


Party A v Party B (2020)

Paul is acting in confidential proceedings concerning forgery, misuse of trust funds and powers of attorney in relation to very substantial assets in England, Europe and the Middle East.


Oliver Morley (t/a Morley Estates) v Royal Bank of Scotland [2020] EWHC 88 (Ch)

Paul acted for the successful bank in a 3 week trial in November 2019 concerning allegations of economic duress and intimidation and breach of duties of good faith.


Philip Jackson v David Feeney [2018] EWHC 256 (Ch)

Paul acted for an applicant seeking payment out of frozen funds on a claim concerning payment processing services.


Super-Max Offshore Holdings v Rakesh Malhotra [2018]

Paul acted for the Defendant in proceedings concerning shareholder disputes and alleged contempt of court.


Phoenix Group Foundation v Cochrane [2018] EWHC 2179 (Comm)

Paul acted for a party seeking variation to a cross undertaking in damages granted under a freezing injunction as part of a long-running fraud claim.


London Executive Aviation Ltd v Royal Bank of Scotland Plc [2018] EWHC 74 (Ch)

Paul acted for the successful bank in the 11 day trial concerning alleged mis-selling of interest rate swaps and misrepresentation, including in respect of the bank’s CLU.


Holeszowski v Clydesdale Bank & Others [2018]

Paul acted for a Defendant, successfully striking out the claim for fraud and intimidation on limitation grounds and lack of substantive cause of action.


Abena UK Ltd v Zackaria [2015] EWHC 3416 (QB)

Paul acted for a director accused of theft and false accounting as well as misuse of company assets.


Parish v Danwood Group Ltd [2015] EWHC 940

Paul acted for the successful Defendants in a 5 day trial concerning allegedly fraudulent misrepresentation on share sales.


Al-Alaiwi v Rotimi (2014-2015)

Paul acted for the Claimants in a phishing fraud in which he obtained freezing injunctions and Bankers Trust relief.


Ministry of Justice of Iraq v Richmond (2013-2015)

Paul acted for the Claimant in a claim arising out of a phishing fraud in which he has obtained freezing injunctions against the four defendants as well as Bankers Trust relief.


Brewhouse v Phillips (2013-2014)

Paul acted for the Claimant in a claim concerning breach of trust in relation to funds raised pursuant to the Enterprise Investment Scheme, successfully obtaining a freezing injunction.


KB Asia v HSBC Bank (2013-2014)

Paul acted for the Bank in a claim concerning allegedly fraudulent calls for payment under Letters of Credit.


Patel v Vaid (2013)

Paul acted for the Defendants in a £25 million fraud claim. The claim raised issues concerning deceit, authority and Quistclose trusts.

Paul is a specialist in commercial dispute resolution acting in a wide variety of commercial disputes concerning banking, finance, contractual disputes as well as commercial claims including allegations of fraud and deceit.

Reported Commercial Disputes Cases


American Leisure Group v Canaccord Genuity and others [2014] 1 WLR 4102

Paul acted for the Claimant in two linked US$400m claims concerning professional negligence by advisors and directors in relation to certain Florida property investments. The case has raised several applications on issues regarding service including the period of validity of a claim form “to be served out of the jurisdiction” ([2014] EWHC 2101 (Ch)); rules concerning substitution of parties ([2015] PNLR 21); and submission to the jurisdiction; and Paul acted successfully in the Court of Appeal on the issue of assignment and title to sue ([2016] EWCA Civ 445).

Notable Commercial Disputes Cases


Oliver Morley (t/a Morley Estates) v Royal Bank of Scotland [2020] EWHC 88 (Ch)

Paul acted for the successful bank in a 3 week trial in November 2019 concerning allegations of economic duress, intimidation and breach of duties of good faith. The Court was asked to resolve issues concerning RBS’s GRG Division and West Register.


YJB Port Limited v M&A Pharmachem [2019] EWHC 2117 (Ch)

Paul acted for the successful claimant in a Chancery trial concerning breach of a distributorship agreement in relation to a quasi-pharmaceutical product.


Philip Jackson v David Feeney [2018] EWHC 256 (Ch)

Paul acted for an applicant seeking payment out of frozen funds on a claim concerning payment processing services.


Super-Max Offshore Holdings v Rakesh Malhotra [2018]

Paul acted for the Defendant in proceedings concerning shareholder disputes and alleged contempt of court.


London Executive Aviation Ltd v Royal Bank of Scotland Plc [2018] EWHC 74 (Ch)

Paul acted for the successful bank in the 11 day trial concerning alleged mis-selling of interest rate swaps and misrepresentation, including in respect of the bank’s CLU.


Parish v Danwood Group Ltd [2015] EWHC 940

Paul acted for the successful Defendants in a 5 day trial concerning allegedly fraudulent misrepresentation on share sales.


American Leisure Group v Canaccord Genuity & Others [2014] 1 WLR 4102

Paul acted for the Claimant in two linked US$400m claims concerning professional negligence by advisors and directors in relation to certain Florida property investments. The case has raised several applications on issues regarding service including the period of validity of a claim form “to be served out of the jurisdiction” ([2014] EWHC 2101 (Ch)); rules concerning substitution of parties ([2015] PNLR 21); and submission to the jurisdiction; and Paul acted successfully in the Court of Appeal on the issue of assignment and title to sue ([2016] EWCA Civ 445).


De Vere v Seychelles (2013-2014)

Paul acted for the Defendants in a claim concerning early termination of a management agreement in relation to venues at Millbank Tower and a substantial counterclaim for allegedly poor management services.


Cavendish Corporate Finance v Kims Property [2014] EWHC 1282 (Ch)

Paul acted for the Claimants in a substantial Chancery case concerning non-payment of success fee to an agent arising out of a property transaction.


Berezovsky v Patarkatsishvili (2009-2012)

A number of separate actions worth in excess of US$1 billion proceeding in the Chancery Division. Issues raised involved breach of trust and fiduciary duty, Russian law, private international law and complex factual issues. Procedural issues to date include freezing orders, search and seizure orders and jurisdiction disputes.


Kuwait Airways Corporation v Iraqi Airways Company & Others (2011-2012)

Paul acted for the Iraqi parties in this long-running litigation arising out of the destruction of aircraft during the first Gulf War. The current action concerned an attempt by KAC to enforce its US$1.2bn judgment against the Republic of Iraq and certain Iraqi ministries. The claim involved issues of jurisdiction and immunity from adjudication and enforcement.


North Shore Ventures Limited v Anstead Holdings Inc & Others[2011] EWCA Civ 1634

Claim concerning liability of guarantors in respect of US$50 million loan including, in particular, the scope of the creditor’s obligation of disclosure to prospective guarantors and the validity of certificates under the guarantee. The judgment of the Court of Appeal resolves many issues in this significant area.

Paul frequently acts in a variety of company and shareholder disputes including unfair prejudice petitions and claims concerning breach of statutory and fiduciary duties. He has appeared in the Supreme Court in a case concerning statutory duties under the Companies Act and frequently acts in an advisory capacity.

Reported Company, Restructuring & Insolvency Cases


Eclairs Group, Glengary Overseas Limited v JKX Limited [2016] 3 All ER 641

Paul acted for the successful Claimants in the initial trial before Mann J concerning the validity of restriction notices served by the company under powers in the Article of Association, on the appeal before the Court of Appeal and in the Supreme Court in May 2015. A leading authority on the scope of directors’ duties.

Notable Company, Restructuring & Insolvency Cases


[Currently Confidential] (2020)

Paul is acting for the directors of a company in relation to an unfair prejudice petition concerning health related company.


Turbo Service International v Richard Gale [2019-2020]

Paul is acting for the company in a substantial claim concerning alleged breaches of statutory and fiduciary duties by a company finance director.


Shaw v Chart Hills (Holding) Limited [2019]

Paul acted for the successful claimant in a claim concerning the triggering of pre-emption rights in Articles of Association.


ASA Resource Group Ltd [2018] EWHC 3441 (Ch)

Paul acted for the successful director Defendants in an unfair prejudice petition and conspiracy claim concerning mining assets in Africa.


Super-Max Offshore Holdings v Rakesh Malhotra [2018]

Paul acted for the Defendant in proceedings concerning shareholder disputes and alleged contempt of court.


In the matter of Tariq Halal Meats [2018]

Paul acted for the Applicant in an unfair prejudice petition concerning a chain of highly successful Halal butchery franchises.


Re Adbins Limited [2017] EWHC 2601 (Ch)

Paul acted for the Respondents in an unfair prejudice petition concerning a company associated with Addison Lee and the management of outdoor cigarette bins.


Peak Hotels & Resorts Limited v Tarek Investments Ltd [2015] EWHC 1997 (Ch)

Paul acted for one of the Defendants in the Peak Hotels litigation which concerned disagreements between joint venturers in relation to a well known luxury hotel chain.


Parish v Danwood Group Ltd [2015] EWHC 940

Paul acted for the successful Defendants in a 5 day trial concerning allegedly fraudulent misrepresentation on share sales.


Abena UK Ltd v Zackaria [2015] EWHC 3416 (QB)

Paul acted for a director accused of theft and false accounting as well as misuse of company assets.


Liquidators of OEM Plc v Noonan & Others (2014-2015)

Paul acted for one of the Defendants in a claim for misfeasance and/or breach of duty under s.212 Insolvency Act 1986 following the liquidation of OEM Plc.

Reported Financial Services Cases


Oliver Morley (t/a Morley Estates) v Royal Bank of Scotland [2020] EWHC 88 (Ch), [2019] EWHC 2865 (Ch) [2019] 4 WLR 152

Paul acted for the successful bank in a 3 week trial in November 2019 concerning allegations of economic duress, intimidation and breach of duties of good faith. The Court was asked to resolve issues concerning RBS’s GRG Division and West Register. The case also considered the circumstances in which a party was obliged to serve a witness summary and witness summons.


North Shore Ventures Ltd v Anstead Holdings Inc [2012] Ch 31

Paul acted for the successful claimant seeking to enforce guarantees in a case concerning the enforceability and variation of guarantees and the scope of non-disclosure.

Notable Financial Services Cases


London Executive Aviation Ltd v Royal Bank of Scotland plc [2018] EWHC 74 (Ch)

Paul acted for the successful bank in the 11 day trial concerning alleged mis-selling of interest rate swaps and misrepresentation, including in respect of the bank’s CLU.


Property Alliance Group Ltd v Royal Bank of Scotland [2016] EWHC 3342 (Ch)

Paul acted for the successful bank in the groundbreaking PAG litigation, a 10 week trial in the financial list, which was the first civil claim concerning LIBOR manipulation as well as a leading authority on issues such as bankers’ duties, good faith and implied terms.


Novus Aviation Ltd v Alubaf Arab International Bank BSC[2016] EWHC 1575 (Comm)

Paul acted for the successful claimant in a 6 day trial before Leggatt J in which he successfully enforced a rudimentary ‘Commitment Letter’ in an aviation finance context against a Middle Eastern bank. The case concerned issues of actual and apparent authority, intention to create legal relations, certainty and execution.


Claverton Holdings Ltd v Barclays Bank Plc [2015] EWHC 3603 (Comm)

Paul acted for the successful bank in a claim considering the relevant of similar fact evidence in the context of alleged complaints against a bank.


KB Asia v HSBC Bank(2013-2014)

Paul acted for the Bank in a claim concerning allegedly fraudulent calls for payment under Letters of Credit.

Advisory work and litigation in wide variety of large and small insurance and reinsurance disputes.

Reported Insurance Cases


Involnert Management Inc v Aprilgrange Ltd [2015] 2 Lloyd's Rep 289

Paul acted for the Claimant at the 11 day trial of a €13 million insurance dispute concerning the destruction of a yacht by fire and defences of non-disclosure and misrepresentation concerning valuation.

Notable Insurance Cases


Party A v Party B (2015)

Paul acted for Claimant in a confidential claim concerning village green insurance.


Party A v Party B (2014)

Paul acted for the Defendants in a confidential arbitration concerning payment of reinstatement premiums under certain contracts in the context of WTC claims.


Aviva Insurance v Primary General Insurance (2012-2014)

Paul acted for Primary General Insurance in a £15 million claim concerning misrepresentation and duress in relation to a binding authority agreement.


Involvement in a large number of confidential reinsurance and insurance arbitrations and/or in confidential pre-litigation advisory work including in relation to ARIAS arbitrations; advice to capital provider of funds at Lloyd’s on application of reinsurance recoveries; proposed dispute in Commercial Court concerning professional indemnity.

Considerable experience of involvement in numerous insurance and reinsurance and other commercial arbitrations including ICC, LCIA and ARIAS arbitrations. Disputes have involved insurance and reinsurance, supply agreements and joint venture agreements.

Reported International Arbitration Cases


Kruppa v Benedetti [2014] 2 Lloyd’s Rep 421 [2014] 2 All ER (Comm) 617

Paul acted for the Claimant in a substantial Commercial Court claim arising out of alleged breach of a Shareholders Agreement. The case involved a successful application by Paul that an arbitration clause was unenforceable.

Notable International Arbitration Cases


International Energy Company v Middle Eastern Government [2018-2020]

Paul is acting for a Middle Eastern government in a confidential ICC Arbitration concerning alleged breach of agreements to supply energy related equipment and very substantial alleged losses arising.


B v J [2020] EWHC 1373 (CH)

Paul is acting for the Defendants in a confidential ad hoc arbitration concerning a dispute between closely connected parties in the running of a commercial enterprise largely based in an African energy sector including successfully resisting an application to remove an appointed arbitrator on grounds of bias.


Party A v Party B (2017-2018)

ICC Arbitration between company and agent concerning film finance issues.

Reported Offshore Cases


Kruppa v Benedetti [2014] 2 Lloyd’s Rep 421 [2014] 2 All ER (Comm) 617

Paul acted for the Claimant in a substantial Commercial Court claim arising out of alleged breach of a Shareholders Agreement. The case involved a successful application by Paul that an arbitration clause was unenforceable.

Notable Offshore Cases


International Energy Company v Middle Eastern Government [2018-2020]

Paul is acting for a Middle Eastern government in a confidential ICC Arbitration concerning alleged breach of agreements to supply energy related equipment and very substantial alleged losses arising.


B v J [2020] EWHC 1373 (CH)

Paul is acting for the Defendants in a confidential ad hoc arbitration concerning a dispute between closely connected parties in the running of a commercial enterprise largely based in an African energy sector including successfully resisting an application to remove an appointed arbitrator on grounds of bias.


Party A v Party B (2017-2018)

ICC Arbitration between company and agent concerning film finance issues.

"Extremely responsive, commercial in his approach and very strong on his feet and in writing. Robust and effective under pressure, an impressive advocate."


The Legal 500

"He is very calm under pressure, cross-examines very effectively and always has everything under control." "He is exceptional. A very good, tough and fair opponent."


Chambers & Partners

"Very strong on his feet, utterly charming and someone with an impressively analytical brain. He is very robust and very decisive, as well as a man of detail."


Chambers & Partners

"Measured and eloquent in court and entirely professional in his dealings, he is an effective and intelligent cross-examiner."


The Legal 500

"Extremely able and forthright in his advice to clients as well as his advocacy."


The Legal 500

"A confident and trenchant advocate who gives his clients a first-rate service, and who can also make a very difficult case seem attractive to the court."


The Legal 500

"A formidable intellectual and authoritative presence in court and with clients."


Chambers & Partners

"Quickly picks up the issues and gets straight to the key points - he's good at stripping away anything that's irrelevant. Judges trust what he’s saying, respect him and find it easy to agree with his arguments. He presents things very attractively."


Chambers & Partners

"A calm and steady hand in the most factually complex commercial disputes, and a pleasure to work with to boot."


The Legal 500

Chambers & Partners
  • Banking & Finance
The Legal 500
  • Banking & Finance

  • ICSL (Outstanding)
  • M (Magna cum laude, equiv.), Harvard
  • A (First Class Honours), Cambridge

  • Ad hoc admission to the Gibraltar Bar

  • French (working knowledge)

For enquiries please contact

Sian Huckett

Sian Huckett
Deputy Senior Clerk
+44 (0)20 7842 3764
Click here to email

George Hack
Team Leader
+44 (0)2078423762
Click here to email

"Extremely responsive, commercial in his approach and very strong on his feet and in writing. Robust and effective under pressure, an impressive advocate."


The Legal 500

"He is very calm under pressure, cross-examines very effectively and always has everything under control." "He is exceptional. A very good, tough and fair opponent."


Chambers & Partners

"Very strong on his feet, utterly charming and someone with an impressively analytical brain. He is very robust and very decisive, as well as a man of detail."


Chambers & Partners

"Measured and eloquent in court and entirely professional in his dealings, he is an effective and intelligent cross-examiner."


The Legal 500

"Extremely able and forthright in his advice to clients as well as his advocacy."


The Legal 500

"A confident and trenchant advocate who gives his clients a first-rate service, and who can also make a very difficult case seem attractive to the court."


The Legal 500

"A formidable intellectual and authoritative presence in court and with clients."


Chambers & Partners

"Quickly picks up the issues and gets straight to the key points - he's good at stripping away anything that's irrelevant. Judges trust what he’s saying, respect him and find it easy to agree with his arguments. He presents things very attractively."


Chambers & Partners

"A calm and steady hand in the most factually complex commercial disputes, and a pleasure to work with to boot."


The Legal 500

Chambers & Partners
  • Banking & Finance
The Legal 500
  • Banking & Finance

  • ICSL (Outstanding)
  • M (Magna cum laude, equiv.), Harvard
  • A (First Class Honours), Cambridge

  • Ad hoc admission to the Gibraltar Bar

  • French (working knowledge)

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