Tamara Kagan

Barrister

Call 2011

Tamara Kagan’s practice covers the broad spectrum of commercial work in litigation and international arbitration. She has extensive experience, both led and unled, in heavy, complex and high value claims before both the High Court and Court of Appeal. She also has significant experience of international arbitrations under the LCIA, ICC, SIAC and ICDR rules.

Tamara's areas of expertise include commercial litigation, commercial fraud, freezing injunctions, arbitration, banking, energy and natural resources, jurisdiction and choice of law and company law.

Notable recent cases include: acting in SIAC Proceedings with Laurence Rabinowitz KC for the defendant in a US$5.5 billion fraud and breach of warranty claim arising out of the claimant’s investment into certain oil assets (one of the world’s largest energy arbitrations to date by value); for the claimant Dutch social housing association in Stichting Vestia Groep v BNP Paribas SA in a claim for over €300 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity (one of The Lawyer’s Top 20 Cases of 2023); for the Pictet group of defendants in The Public Institution for Social Security v Al Rajaan and others (one of The Lawyer’s Top 20 Cases of 2020), successfully challenging jurisdiction, a result upheld by the Court of Appeal; for the second defendant in Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited, successfully obtaining an (exceptional) order for a re-trial from the Court of Appeal following a five-week trial in which claims for dishonest assistance were allowed; acting in ICC Proceedings for the defendant in a multi-billion US dollar claim arising out of the construction of an electric generation plant; and, in High Court Proceedings, obtaining an order for a freezing injunction described by The Wall Street Journal as “among the biggest” ever granted by the English Court.

Historical involvements have included acting for the claimant Dutch social housing association in Stichting Vestia Groep v Deutsche Bank AG in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity in the widely publicised Commercial Court (Financial List) trial that took place over 10 weeks in 2019; the well-known Blue v Ashley case, in which Tamara acted for Mike Ashley, successfully defending the very widely publicised claim brought by a consultant investment banker appointed by Sports Direct for a bonus of £14m which he claimed was payable pursuant to an oral agreement said to have been reached with Mr Ashley in a London pub; the high profile Russian oligarch dispute Berezovsky v Abramovich; appearing in month-long LCIA Proceedings in a claim for £350m concerning high profile allegations of fraud against an Indian real estate developer and in related proceedings in the Isle of Man involving a first instance jurisdiction challenge and subsequent appeal.

Tamara also has extensive experience as sole counsel, including appearing for Galasys plc before the Commercial Court in a multi-jurisdictional dispute (Malaysia, Jersey and England) and obtaining (as sole counsel, against leader and junior opposition) an interim injunction concerning the composition of the company’s board pending the resolution of related, expedited proceedings in Jersey; for Flash Entertainment in its challenge to the jurisdiction of the English court before both the High Court and Court of Appeal and in a number of other trials and proceedings concerning freezing relief, summary judgment and the like.

Prior to coming to the Bar, Tamara practiced commercial litigation at Sullivan & Cromwell LLP in New York. Her New York practice focused on complex and multi-jurisdictional disputes and her experience included representing Goldman Sachs in litigation arising out of the Delphi plan of reorganisation and Philips in its long-running contractual and IP disputes with Imation (formerly 3M). Tamara has a keen interest in multi-jurisdictional disputes, particularly those with US law elements to them, and she advises on issues of New York law.

Tamara is a member of the Bars of New York and Ontario (Canada).

Examples of Recent Cases
- Arbitration
  - SIAC Proceedings
    Acted (with Laurence Rabinowitz KC and Nicholas Sloboda, among others) defending US$5.5 billion fraud and breach of warranty claims arising out of the claimant’s investment into certain oil assets. One of the world’s largest energy arbitrations to date (by value), heard over six weeks, the case raised the full panoply of upstream oil & gas issues, including maintenance, decommissioning, reserves and production, and involved two challenges before the Singapore International Commercial Court and appeals to the Singapore Court of Appeal.
  - ICC Proceedings
    Acting (with Daniel Toledano KC and Nicholas Sloboda, among others) defending a multi-billion US dollar claim arising out the construction of an electric generation plant in the Middle East in ICC proceedings, heard over three weeks in January-February 2023.
  - ICC Proceedings
    Acted (with Daniel Toledano QC) in ICC proceedings concerning the distribution of prize revenues for an international sporting competition.
  - Commercial Court Proceedings (section 67 challenge to ICC award)
    Acted (with Laurence Rabinowitz QC) defending a challenge under section 67 of the Arbitration Act 1996 to an ICC award holding that the Tribunal did not have jurisdiction over the claims in question.
  - ICDR (New York seated) Proceedings
    Acted (with Christopher Harris QC and Calum Mulderrig) in New York law governed and New York seated ICDR proceedings for the claimant in a claim for the recovery of US$100 million under a political risk insurance policy concerning a mine operated by the claimant in the former USSR.
  - High Court Proceedings (application for recognition and enforcement of an ICC award, Commercial Court)
    Acted (as sole counsel) for the claimant in an application for recognition and enforcement of a US$617 million ICC award arising out of the defendant’s breaches of an agreement governing rights to discover and exploit natural resources.
  - Hirco Holdings Limited v Niranjan Hiranandani (LCIA Proceedings, Singapore seat); Hirco v Hiranandani (Isle of Man)
    Acted (with Neil Kitchener QC and Steven Elliott) for the Hirco claimant companies in a claim for £350 million arising out of Hirco plc’s admission to AIM and alleging fraudulent misrepresentation, unlawful means conspiracy and unlawful inference against Niranjan Hiranandani and Priya Hiranandani-Vandrevala.
  - Appeared (with Neil Kitchener QC, Steven Elliott and Andrew Lodder) for Hirco Holdings Limited in LCIA proceedings, seated in Singapore and heard over four weeks.
  - LCIA Proceedings
    Acted (with Conall Patton) in an arbitration concerning claims for payments due under a services agreement.
  - Confidential
    Advised (as sole counsel) on the enforceability of interim awards issued by a Singapore-seated SIAC Tribunal and the ability to obtain equivalent relief in England.
  - Confidential (foreign proceedings)
    Acted (as sole counsel) advising an international energy company in relation to claims pending before a foreign court to unitise adjacent offshore oil and gas fields, including on the possibility of freezing injunctions and related arbitral claims.
  - Confidential
    Advised (with Daniel Toledano QC and Nicholas Sloboda) on the confidentiality of arbitral disclosure and evidence obtained in ICC proceedings before the English court.
  - Confidential
    Advised (as sole counsel) on complex issues concerning the scope of an ad hoc arbitration agreement and the doctrines of cause of action estoppel, issue estoppel, privity and abuse of process.
- Banking and Financial Services
  - Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited (Court of Appeal; Supreme Court)
    Acting (with Kenneth MacLean QC and Steven Elliott QC) for the defendant Mercuria, obtaining an order for a retrial of claims of dishonest assistance arising out of carbon emissions allowance trading said by the claimants to have carried on pursuant to a €100 million missing trader VAT scheme because the judgment had been seriously delayed and had not addressed material evidence (leave to appeal to the Supreme Court dismissed).
  - Stichting Vestia Groep v BNP Paribas SA (Commercial Court, Financial List)
    Acted (with Rhodri Davies KC and Ben Strong KC) for the claimant Dutch housing association in a claim for over €300 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution. One of The Lawyer’s Top 20 Cases of 2023.
  - The Public Institution for Social Security v Al Rajaan and others (Commercial Court; Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and James MacDonald) for the defendant Pictet and other companies in its group, defending claims exceeding US$850 million against more than 30 defendants in respect of alleged unlawful payments by financial institutions and intermediaries to the first defendant, the former Director General of the claimant. The Commercial Court declined jurisdiction over the Pictet Defendants, a result upheld by the Court of Appeal (leave to appeal to the Supreme Court dismissed). One of The Lawyer’s Top 20 Cases of 2020.
  - Stichting Vestia Groep v Deutsche Bank AG (Commercial Court, Financial List)
    Acted (with Rhodri Davies QC and Ben Strong QC) for the claimant Dutch housing association in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution, heard over 10 weeks in 2019.
  - Omicron Investment Management v US Bank Trustees (Commercial Court)
    Acted (with David Wolfson QC) for the claimant investment advisor in connection with US Bank Trustees’ attempts to terminate an investment agreement.
  - Confidential
    Advised (with Laurence Rabinowitz QC) a group of bondholders concerning their potential claims against an insolvent company and its liquidators. This matter raised novel issues of jurisdiction and European insolvency law.
  - Confidential
    Advised (with David Wolfson QC) on claims raising complex issues relating to jurisdiction and fiduciary duties by limited partners in an offshore investment fund against the general partner and investment manager of the fund.
  - Confidential
    Advised on possible claims against an investment bank in connection with the sale of various investments and other financial products to consumers. These claims raised difficult issues under the FSMA 2000 and involved complicated questions of limitation.
- Civil Fraud
  - SIAC Proceedings
    Acted (with Laurence Rabinowitz KC and Nicholas Sloboda, among others) defending US$5.5 billion fraud and breach of warranty claims arising out of the claimant’s investment into certain oil assets. One of the world’s largest energy arbitrations to date (by value), heard over six weeks, the case raised the full panoply of upstream oil & gas issues, including maintenance, decommissioning, reserves and production and involved two challenges before the Singapore International Commercial Court and appeals to the Singapore Court of Appeal.
  - Stichting Vestia Groep v BNP Paribas SA (Commercial Court, Financial List)
    Acted (with Rhodri Davies KC and Ben Strong KC) for the claimant Dutch housing association in a claim for over €300 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution. One of The Lawyer’s Top 20 Cases of 2023.
  - The Public Institution for Social Security v Al Rajaan and others (Commercial Court; Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and James MacDonald) for the defendant Pictet (and its group) defending claims exceeding US$850 million against more than 30 defendants in respect of alleged unlawful payments by financial institutions and intermediaries to the first defendant, the former Director General of the claimant. The Commercial Court declined jurisdiction over the Pictet Defendants, a result upheld by the Court of Appeal (leave to appeal to the Supreme Court dismissed). One of The Lawyer’s Top 20 Cases of 2020.
  - Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited (Court of Appeal; Supreme Court)
    Acting (with Kenneth MacLean QC and Steven Elliott QC) for the defendant Mercuria, successfully obtaining an order for a retrial of claims of dishonest assistance arising out of carbon emissions allowance trading said by the claimants to have carried on pursuant to a €100 million missing trader VAT scheme because the judgment had been seriously delayed and had not addressed material evidence (leave to appeal to the Supreme Court dismissed).
  - Stichting Vestia Groep v Deutsche Bank AG (Financial List)
    Acted (with Rhodri Davies QC and Ben Strong QC) for the claimant Dutch housing association in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution, heard over 10 weeks in 2019.
  - Confidential (Commercial Court)
    Acted (with Neil Kitchener QC, among others) for the claimant, obtaining a freezing order described by The Wall Street Journal as “among the biggest” freezing orders ever granted by the English court.
  - LIC Telecommunications v VTB Capital (Commercial Court)
    Acted (as sole counsel) for the third defendant in long-running proceedings concerning the sale of InterV Investment, the owner of a Bulgarian telecommunications business, to Viva Luxembourg on the basis of tort, abuse of rights and fraud allegations arising under Luxembourg law.
  - Rontec Watford Limited v Benson (Commercial Court)
    Acted (as sole counsel) for the third defendant on a freezing injunction arising out of a claim for knowing receipt.
  - BB Energy (Gulf) DMCC v Al Amoudi (Commercial Court)
    Acted (with Craig Orr QC) for the fourth defendant, defending a US$120 million claim alleging fraud, conspiracy and breaches of Moroccan law arising in connection with the widely publicised liquidation of Societe Anonyme Marocaine de L’Industrie du Raffinage, Morocco’s only oil refinery.
  - Hirco Holdings Limited v Niranjan Hiranandani (LCIA Proceedings); Hirco v Hiranandani (Isle of Man)
    Acted (with Neil Kitchener KC and Steven Elliott) for the Hirco claimant companies in a claim for £350 million arising out of Hirco plc’s admission to AIM and alleging fraudulent misrepresentation, unlawful means conspiracy and unlawful inference against Niranjan Hiranandani and Priya Hiranandani-Vandrevala.
  - Appeared (with Neil Kitchener QC, Steven Elliott and Andrew Lodder) for Hirco Holdings Limited in LCIA proceedings, seated in Singapore and heard of 4-weeks in 2015.
  - Acted (with Neil Kitchener QC and Daniel Toledano QC) for Hirco on the defendant’s unsuccessful challenge to jurisdiction before the first instance and appellate courts of the Isle of Man (leave to appeal to the Privy Council dismissed).
  - R (oao) Celtic Energy Limited v SFO (Administrative Court)
    Appeared on behalf of three mineral planning authorities as interested parties in connection with the judicial review of the decision by the Director of the SFO to disclose documents relating to the transfer of land used for mining (and subject to restoration obligations) to BVI subsidiaries.
- Commercial Litigation
  - Blue v Ashley (Commercial Court)
    Acted (with David Cavender QC) for Mike Ashley (Sports Direct/Newcastle United), successfully defending the widely publicised claim brought by a consultant investment banker appointed by Sports Direct for a bonus of £14m which he claimed was payable pursuant to an oral agreement reached with Mr Ashley in a London pub in January 2013. Issues raised included intention to create legal relations, certainty of contract, relevance of events post-dating an alleged oral contract, approach to oral evidence unsupported by documents and causation
  - SIAC Proceedings
    Acted (with Laurence Rabinowitz KC and Nicholas Sloboda, among others) defending US$5.5 billion fraud and breach of warranty claims arising out of the claimant’s investment into certain oil assets. One of the world’s largest energy arbitrations to date (by value), heard over six weeks, the case raised the full panoply of upstream oil & gas issues, including maintenance, decommissioning, reserves and production and involved two challenges before the Singapore International Commercial Court and appeals to the Singapore Court of Appeal.
  - Stichting Vestia Groep v BNP Paribas SA (Commercial Court, Financial List)
    Acted (with Rhodri Davies KC and Ben Strong KC) for the claimant Dutch housing association in a claim for over €300 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution. One of The Lawyer’s Top 20 Cases of 2023.
  - The Public Institution for Social Security v Al Rajaan and others (Commercial Court; Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and James MacDonald) for the defendant Pictet (and its group) defending claims exceeding US$850 million against more than 30 defendants in respect of alleged unlawful payments by financial institutions and intermediaries to the first defendant, the former Director General of the claimant. The Commercial Court declined jurisdiction over the Pictet Defendants, a result upheld by the Court of Appeal (leave to appeal to the Supreme Court dismissed). One of The Lawyer’s Top 20 Cases of 2020.
  - Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited (Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and Steven Elliott QC) for the defendant Mercuria, obtaining an order for a retrial of claims of dishonest assistance arising out of carbon emissions allowance trading said by the claimants to have carried on pursuant to a €100 million missing trader VAT scheme because the judgment had been seriously delayed and had not addressed material evidence (leave to appeal to the Supreme Court dismissed).
  - ICC Proceedings
    Acting (with Daniel Toledano KC and Nicholas Sloboda, among others) defending a multi-billion US dollar claim arising out the construction of an electric generation plant in the Middle East in ICC proceedings, heard over three weeks in January-February 2023.
  - ICC Proceedings
    Acting (with Daniel Toledano KC) in arbitration proceedings concerning the distribution of prize revenues for an international sporting competition.
  - ICDR (New York seated) Proceedings
    Acted (with Christopher Harris QC and Calum Mulderrig) in New York law governed and New York seated ICDR proceedings for the claimant in a claim for the recovery of US$100 million under a political risk insurance policy concerning a mine operated by the claimant in the former USSR.
  - Local Boy’z v Malu (Commercial Court)
    Acted (as sole counsel) for the claimant, obtaining partial summary judgment on a breach of contract claim in relation to defective face masks supplied by the defendant during the COVID-19 pandemic.
  - Stichting Vestia Groep v Deutsche Bank AG (Commercial Court, Financial List)
    Acted (with Rhodri Davies QC and Ben Strong QC) for the claimant Dutch housing association in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution, heard over 10 weeks in 2019.
  - IsZo Capital LP v Nam Tai Property Inc (Eastern Caribbean Supreme Court, BVI)
    Acted (with Lord Grabiner QC and Henry Hoskins) for the defendant company, a Chinese property development company, in relation to a shareholder dispute concerning the future of the defendant’s business, and in particular the legality of a private investment in public equity (or PIPE), the purpose of which was said to give the majority shareholder de facto control of the defendant and to defeat a requisition for a special meeting with the aim of removing directors said to be associated with the majority shareholder. Three-week trial heard over January-March 2021.
  - Rontec Watford Limited v Benson (Commercial Court)
    Acted (as sole counsel) for the third defendant on a freezing injunction arising out of a claim for knowing receipt.
  - LIC Telecommunications v VTB Capital & Ors (Commercial Court)
    Acted (as sole counsel) for the third defendant in long-running proceedings concerning the sale of InterV Investment, the sole owner of a Bulgarian telecommunications business, to Viva Luxembourg on the basis of tort, abuse of rights and fraud allegations arising under Luxembourg law.
  - BB Energy (Gulf) DMCC v Al Amoudi (Commercial Court)
    Acted (with Craig Orr QC) for the fourth defendant, defending a US$120 million claim alleging fraud, conspiracy and breaches of Moroccan law arising in connection with the widely publicised liquidation of Societe Anonyme Marocaine de L’Industrie du Raffinage, Morocco’s only oil refinery.
  - Hirco Holdings Limited v Niranjan Hiranandani (LCIA Proceedings); Hirco v Hiranandani (Isle of Man)
    Acted (with Neil Kitchener QC and Steven Elliott) for the Hirco claimant companies in a claim for £350 million arising out of Hirco plc’s admission to AIM and alleging fraudulent misrepresentation, unlawful means conspiracy and unlawful inference against Niranjan Hiranandani and Priya Hiranandani-Vandrevala.
    Appeared (with Neil Kitchener QC, Steven Elliott and Andrew Lodder) for Hirco Holdings Limited in the LCIA Proceedings, seated in Singapore and heard over 4 weeks in 2015.
    Acted (with Neil Kitchener QC and Daniel Toledano QC) for Hirco on the defendant’s unsuccessful challenge to jurisdiction before the first instance and appellate courts of the Isle of Man (leave to appeal to the Privy Council dismissed).
  - Galasys plc v WOI & Ors (Commercial Court)
    Acted (with Malcolm Davis-White KC (as he then was)) for the claimant company in relation to contractual claims against its controlling shareholder and in expedited proceedings in Jersey concerning corporate governance issues. As sole counsel, Tamara obtained an interim injunction before the Commercial Court (London) effectively holding the composition of the company’s board in place pending the resolution of the expedited trial in Jersey.
  - Bill Kenwright Limited v Flash Entertainment (Queen’s Bench Division; Court of Appeal)
    Acted as sole counsel for the defendant UAE company in its challenge to the jurisdiction of the English court and appeared as sole counsel before the Court of Appeal. The underlying claim concerned the alleged breach of an oral settlement agreement.
  - First Subsea Limited v Balltec Limited (Chancery Division; Court of Appeal; Supreme Court)
    Acted (with David Cavender QC) for Balltec Limited (and a number of individuals) in a five-week trial defending claims of breaches of contract, unlawful means conspiracy and breaches of fiduciary duty made against former directors, employees and/or subcontractors of the claimant who were alleged to have diverted business opportunities from it.
  - Confidential (Commercial Court)
    Advised (with David Cavender QC) concerning the availability of a freezing injunction in connection with a complex multi-jurisdiction fraud claim.
  - Green v Petfre (Gibraltar) Limited
    Acted as sole counsel on a pre-action disclosure application.
  - MUR Joint Ventures BV v Compagnie Monegasque de Banque (Commercial Court)
    Acted as sole counsel for the defendant bank on a claim under a guarantee.
  - Confidential
    Advised (with Neil Kitchener QC) on issues concerning the impact of a corporate restructuring on a joint-venture agreement and in particular on complex issues relating to the implied term of good faith and fair dealing.
  - Kaupthing Singer & Friedlander v Parkash (Mercantile Court)
    Appeared as sole counsel for defendant on a preliminary issue concerning the construction of a guarantee.
  - Eberey SA v BAE Systems (Commercial Court)
    Acted (with Conall Patton) for BAE defending a claim by a former advisor for payments due under a consulting agreement.
  - LCIA Proceedings
    Acted (with Conall Patton) in an arbitration concerning claims for payments due under a services agreement.
  - Confidential
    Advised (with Neil Kitchener QC) on the complex issues arising in relation to the fraud exception to litigation privilege.
  - Confidential
    Advised on complex issues concerning the scope of an ad hoc arbitration agreement and the doctrines of cause of action estoppel, issue estoppel, privity and abuse of process.
  - Cedar Dental Surgery v Thompson
    Appeared as sole counsel for the defendant contractor in a dispute raising allegations of breach of contract, rescission and restitution.
  - Thames Reinforcements Limited v Glenform Limited
    Appeared as sole counsel for successful claimant supplier in a dispute raising allegations of breach of contract and restitution.
  - Jazz Marine SL v Dellal
    Appeared as sole counsel for the defendant on a successful application for security for costs.
  - Confidential
    Advised on possible claims against an investment bank in connection with the sale of various investments and other financial products to consumers. These claims raised difficult issues under the FSMA 2000 and involved complicated questions of limitation.
- Company and Insolvency
  - IsZo Capital LP v Nam Tai Property Inc and others (Eastern Caribbean Supreme Court, BVI)
    Acted (with Lord Grabiner QC and Henry Hoskins) for the defendant company, a Chinese property development company, in relation to a shareholder dispute concerning the future of the defendant’s business, and in particular the legality of a private investment in public equity (or PIPE), the purpose of which was said to give the majority shareholder de facto control of the defendant and to defeat a requisition for a special meeting with the aim of removing directors said to be associated with the majority shareholder. Three-week expedited trial heard over January-March 2021.
  - Galasys plc v WOI & Ors (Commercial Court)
    Acted (with Malcolm Davis-White QC (as he then was)) for the claimant company in expedited proceedings in Jersey concerning corporate governance issues. As sole counsel, Tamara obtained an interim injunction before the Commercial Court (London) effectively holding the composition of the company’s board in place pending the resolution of the expedited trial in Jersey.
  - First Subsea Limited v Balltec Limited (Chancery Division; Court of Appeal; Supreme Court)
    Acted (with David Cavender QC) for Balltec Limited (and a number of individuals) in a five week trial defending claims of breaches of contract, unlawful means conspiracy and breaches of fiduciary duty made against former directors, employees and/or subcontractors of the claimant who were alleged to have diverted business opportunities from it.
  - Confidential
    Advised (with Laurence Rabinowitz QC) a group of bondholders concerning their potential claims against an insolvent company and its liquidators. This matter raised novel issues of jurisdiction and European insolvency law.
- Energy and Natural Resources
  - SIAC Proceedings
    Acted (with Laurence Rabinowitz KC and Nicholas Sloboda, among others) defending US$5.5 billion fraud and breach of warranty claims arising out of the claimant’s investment into certain oil assets. One of the world’s largest energy arbitrations to date (by value), heard over six weeks, the case raised the full panoply of upstream oil & gas issues, including maintenance, decommissioning, reserves and production and involved two challenges before the Singapore International Commercial Court and appeals to the Singapore Court of Appeal.
  - ICC Proceedings
    Acting (with Daniel Toledano KC and Nicholas Sloboda, among others) defending a multi-billion US dollar claim arising out the construction of an electric generation plant in the Middle East in ICC proceedings, heard over three weeks in January-February 2023.
  - Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited (Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and Steven Elliott QC) for the defendant Mercuria, obtaining an order for a retrial of claims of dishonest assistance arising out of carbon emissions allowance trading said by the claimants to have carried on pursuant to a €100 million missing trader VAT scheme because the judgment had been seriously delayed and had not addressed material evidence.
  - High Court Proceedings (application for recognition and enforcement of an ICC award)
    Acted (as sole counsel) for the claimant in an application for recognition and enforcement of a US$617 million ICC award arising out of the defendant’s breaches of an agreement governing rights to discover and exploit natural resources.
  - Confidential (foreign proceedings)
    Acted (as sole counsel) advising an international energy company in relation to claims pending before a foreign court to unitise adjacent offshore oil and gas fields, including on the possibility of freezing injunctions and possible related arbitral claims.
- Economic Torts
  - The Public Institution for Social Security v Al Rajaan and others (Commercial Court; Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and James MacDonald) for the defendant Pictet (and its group) defending claims exceeding US$850 million against more than 30 defendants in respect of alleged unlawful payments by financial institutions and intermediaries to the first defendant, the former Director General of the claimant. The Commercial Court declined jurisdiction over the Pictet Defendants, a result upheld by the Court of Appeal (leave to appeal to the Supreme Court dismissed). One of The Lawyer’s Top 20 Cases of 2020.
  - Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited (Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and Steven Elliott QC) for the defendant Mercuria, obtaining an order for a retrial of claims of dishonest assistance arising out of carbon emissions allowance trading said by the claimants to have carried on pursuant to a €100 million missing trader VAT scheme because the judgment had been seriously delayed and had not addressed material evidence (leave to appeal to the Supreme Court dismissed).
  - BB Energy (Gulf) DMCC v Al Amoudi (Commercial Court)
    Acted (with Craig Orr QC) for the fourth defendant, defending a US$ 120 million claim alleging fraud, conspiracy and breaches of Moroccan law arising in connection with the widely publicised liquidation of Societe Anonyme Marocaine de L’Industrie du Raffinage, Morocco’s only oil refinery.
  - Hirco Holdings Limited v Niranjan Hiranandani (LCIA Proceedings); Hirco v Hiranandani (Isle of Man)
    Acted (with Neil Kitchener QC and Steven Elliott QC) for the Hirco claimant companies in a claim for £350 million arising out of Hirco plc’s admission to AIM and alleging fraudulent misrepresentation, unlawful means conspiracy and unlawful inference against Niranjan Hiranandani and Priya Hiranandani-Vandrevala.
    Appeared (with Neil Kitchener QC, Steven Elliott and Andrew Lodder) for Hirco Holdings Limited in LCIA proceedings, seated in Singapore and heard over 4-weeks in 2015.
    Acted (with Neil Kitchener QC and Daniel Toledano QC) for Hirco on the defendant’s unsuccessful challenge to jurisdiction before the first instance and appellate courts of the Isle of Man (leave to appeal to the Privy Council dismissed).
  - First Subsea Limited v Balltec Limited (Chancery Division; Court of Appeal; Supreme Court)
    Appeared (with David Cavender QC) for Balltec Limited (and a number of individuals) in a five week trial defending claims of breaches of contract, unlawful means conspiracy and breaches of fiduciary duty made against former directors, employees and/or subcontractors of the claimant who were alleged to have diverted business opportunities from it.
  - LIC Telecommunications v VTB Capital & Ors (Commercial Court)
    Acted (as sole counsel) for the third defendant in long-running proceedings concerning the sale of InterV Investment, the sole owner of a Bulgarian telecommunications business, to Viva Luxembourg on the basis of tort, abuse of rights and fraud allegations arising under Luxembourg law.
- Equity
  - Stichting Vestia Groep v BNP Paribas SA (Commercial Court, Financial List)
    Acted (with Rhodri Davies KC and Ben Strong KC) for the claimant Dutch housing association in a claim for over €300 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution. One of The Lawyer’s Top 20 Cases of 2023.
  - Bilta (UK) Limited v Natwest Markets plc and Mercuria Energy Europe Trading Limited (Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and Steven Elliott QC) for the defendant Mercuria, obtaining an order for a retrial of claims of dishonest assistance arising out of carbon emissions allowance trading said by the claimants to have carried on pursuant to a €100 million missing trader VAT scheme because the judgment had been seriously delayed and had not addressed material evidence (leave to appeal to the Supreme Court dismissed).
  - Stichting Vestia Groep v Deutsche Bank AG (Commercial Court, Financial List)
    Acted (with Rhodri Davies QC and Ben Strong QC) for the claimant Dutch housing association in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising novel issues of restitution, heard over 10 weeks in 2019.
  - First Subsea Limited v Balltec Limited (Chancery Division; Court of Appeal; Supreme Court)
    Appeared (with David Cavender QC) for Balltec Limited (and a number of individuals) in a five week trial defending claims of breaches of contract, unlawful means conspiracy and breaches of fiduciary duty made against former directors, employees and/or subcontractors of the claimant who were alleged to have diverted business opportunities from it.
  - Rontec Watford Limited v Benson (Commercial Court)
    Acting (as sole counsel) for the third defendant on a freezing injunction arising out of a claim for knowing receipt.
  - Hirco Holdings Limited v Niranjan Hiranandani (LCIA Arbitration); Hirco v Hiranandani (Isle of Man)
    Acted (with Neil Kitchener QC and Steven Elliott) for the Hirco claimant companies in a claim for £350 million arising out of Hirco plc’s admission to AIM and alleging fraudulent misrepresentation, unlawful means conspiracy and unlawful inference against Niranjan Hiranandani and Priya Hiranandani-Vandrevala.
  - Appeared (with Neil Kitchener QC, Steven Elliott and Andrew Lodder) for Hirco Holdings Limited in the almost month long final hearing of the LCIA arbitration
  - Acted (with Neil Kitchener QC and Daniel Toledano QC) for Hirco on the defendant’s unsuccessful challenge to jurisdiction before the first instance and appellate courts of the Isle of Man (leave to appeal to the Privy Council dismissed).
- Guarantees
  - MUR Joint Ventures BV v Compagnie Monegasque de Banque (Commercial Court)
    Acted as sole counsel for the defendant bank on a claim under a guarantee.
  - Kaupthing Singer & Friedlander v Parkash (Mercantile Court)
    Appeared as sole counsel for defendant on a preliminary issue concerning the construction of a guarantee.
- Jurisdiction and Conflict of Laws
  - The Public Institution for Social Security v Al Rajaan and others (Commercial Court; Court of Appeal; Supreme Court)
    Acted (with Kenneth MacLean QC and James MacDonald) for the defendant Pictet (and its group) defending claims exceeding US$850 million against more than 30 defendants in respect of alleged unlawful payments by financial institutions and intermediaries to the first defendant, the former Director General of the claimant. The Commercial Court declined jurisdiction over the Pictet Defendants, a result upheld by the Court of Appeal (leave to appeal to the Supreme Court dismissed). One of The Lawyer’s Top 20 Cases of 2020.
  - Stichting Vestia Groep v BNP Paribas SA (Commercial Court, Financial List)
    Acted (with Rhodri Davies KC and Ben Strong KC) for the claimant Dutch housing association in a claim for over €300 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising complex issues of choice of law and restitution. One of The Lawyer’s Top 20 Cases of 2023.
  - Hirco v Niranjan Hiranandani and Priya Hiranandani-Vandrevala (LCIA Proceedings; Isle of Man)
    Acted (with Neil Kitchener QKC and Daniel Toledano QC) for Hirco on the defendant’s unsuccessful challenge to jurisdiction before the first instance and appellate courts of the Isle of Man (leave to appeal to the Privy Council dismissed).
  - Acted (with Neil Kitchener QC and Steven Elliott) for the Hirco claimant companies in a claim for £350 million arising out of Hirco plc’s admission to AIM and alleging fraudulent misrepresentation, unlawful means conspiracy and unlawful inference against Niranjan Hiranandani and Priya Hiranandani-Vandrevala.
  - Stichting Vestia Groep v Deutsche Bank AG (Commerical Court, Financial List)
    Acted (with Rhodri Davies QC and Ben Strong QC) for the claimant Dutch housing association in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity and raising complex issues of choice of law and restitution, heard over 10-weeks in 2019.
  - Bill Kenwright Limited v Flash Entertainment (Queen’s Bench Division; Court of Appeal)
    Acted as sole counsel for the defendant UAE company in its challenge to the jurisdiction of the English court and appeared as sole counsel before the Court of Appeal. The underlying claim concerned the alleged breach of an oral settlement agreement.
  - BB Energy (Gulf) DMCC v Al Amoudi (Commercial Court)
    Acted (with Craig Orr QC) for the fourth defendant, defending a US$ 120 million claim alleging fraud, conspiracy and breaches of Moroccan law arising in connection with the widely publicised liquidation of Societe Anonyme Marocaine de L’Industrie du Raffinage, Morocco’s only oil refinery.
  - Confidential
    Advised (with David Wolfson QC) on claims raising complex issues relating to jurisdiction and fiduciary duties by limited partners in an offshore investment fund against the general partner and investment manager of the fund.
What the Directories Say

Chambers & Partners 2024 (Commercial Dispute Resolution) "Tamara is outstanding and a robust, no-nonsense advocate." "Tamara is very bright and diligent."
Legal 500 2024 (Commercial Litigation) ‘A real team player, who pays great attention to detail. She asks very effective questions to make sure clients get the best evidence possible, and her drafting is excellent.
Chambers & Partners 2023 in Commercial Dispute Resolution "Tamara is excellent; she is very detail-oriented and she writes very well and persuasively." "Her judgement is excellent."
Legal 500 2022 in Commercial Litigation "‘Tamara is incredibly intelligent and incisive. She is reliable, friendly and really sharp. She works well with all levels of solicitors (from trainees to partners), and with clients.’
Chambers & Partners 2022 in Commercial Dispute Resolution "A very capable junior who is extremely bright. Her drafting is of really high quality, and she is good at cases where there are a lot of facts to get on top of."
Legal 500 2021 in Commercial Litigation "Intelligent, pragmatic and a pleasure to work with. Solicitors would instruct her on all of my matters if I could."
Chambers & Partners 2021 in Commercial Dispute Resolution "Astute and displays excellent attention to detail." "She is very intelligent, very technically capable and great at drafting."
Qualifications and Experience

Litigation Associate (represented clients in complex commercial litigation and intellectual property and bankruptcy disputes), Sullivan & Cromwell LLP, New York (2007-2009)
Admitted to the Bar of the State of New York (2008)
Called to the Bar of Ontario (Canada) and Admitted as a Solicitor in Ontario (2007)
Law Clerk to the Honourable Justices Doherty, Laskin, Goudge and Sharpe, Court of Appeal for Ontario (2006-2007)
Academic Achievements

Gregory Kulkes Scholar in Law, Balliol College, Oxford (2009-2010)
Jean Royce Fellowship (merit fellowship for post-graduate study), Queen’s University (2009-2010)
Angus MacMurchy Gold Medal for Graduating with the Highest Cumulative Average, University of Toronto (2006)
Gallant Ho Prize for Graduating with the Highest Cumulative Average, University of Toronto (2006)
Dean’s Key for Excellence in Extracurricular Activities of an Academic Nature, University of Toronto (2006)
Class of 1976 Prize for Academic Excellence, University of Toronto (2005-2006)
Borden Ladner Gervais Scholarship for Academic Achievement and Extracurricular Involvement, University of Toronto (2003-2006)
McCarthy Tétrault Award for Special Recognition of Academic Achievement, University of Toronto (2004-2005)
JSD Tory Fellowship for Legal Writing (2004)
Fasken Martineau DuMoulin Award for Academic Excellence, University of Toronto (2003-2004)
Dean’s Honour List (top 3% of class), Queen’s University (1999-2003)
May & Murray Ball Sesquicentennial Scholarship for Academic Excellence and Extracurricular Achievement, Queen’s University (1999-2003)
Natural Science and Engineering Research Council Undergraduate Student Research Award, Queen’s University (2002)
Other Achievements

Co-Editor in Chief, University of Toronto Faculty of Law Review (2005-2006)
Grand Moot (annual showcase moot before judges of the Supreme Court of Canada, Ontario Court of Appeal and Superior Court, University of Toronto (2005)
Canadian National Champion, Philip C. Jessup International Moot Court Competition (2005)
Winner, Goodman & Carr LLP Competitive (External) Moot (2004)
Education

University of Oxford, Balliol College: BCL (2010)
University of Toronto Faculty of Law: Juris Doctor with Honours, graduated with highest cumulative average (2006)
Queen’s University (Canada): BA (Hons) with Distinction in Biology and Philosophy (2003)
Publications

‘Recovering Aboriginal Cultural Property at Common Law: A Contextual Approach’ (2005) 63 U T Fac L Rev 1
This article won the Cassels Brock & Blackwell Prize for Outstanding Article and the Martin L. Friedland Prize

"A real team player, who pays great attention to detail. She asks very effective questions to make sure clients get the best evidence possible, and her drafting is excellent."

Legal 500 2024 (Commercial Dispute Resolution)

"Tamara is outstanding and a robust, no-nonsense advocate." "Tamara is very bright and diligent."

Chambers & Partners 2024 (Commercial Dispute Resolution)

"Tamara is excellent; she is very detail-oriented and she writes very well and persuasively." "Her judgement is excellent."

Chambers & Partners 2023 (Commercial Dispute Resolution)

Scope of Practice

Arbitration
Asset Tracing and Recovery
Banking and Financial Services
Breach of Fiduciary Duty
Breach of Trust
Civil Fraud
Company and Insolvency
Cross Border Disputes
Economic Torts
Energy and Natural Resources
Equity
Guarantees
Injunctive Relief
Injunctions (including freezing orders and search orders, and orders for disclosure of information)
Injunctions and Urgent Relief
Jurisdiction and Conflict of Laws
Restitution
Sale of Goods and Supply of Goods and Services
Trusts
Unjust Enrichment

Daniele Thripp

Jack Miller

My Portfolio

Tamara Kagan

Barrister

Call 2011

Examples of Recent Cases

Arbitration

Banking and Financial Services

Civil Fraud

Commercial Litigation

Company and Insolvency

Energy and Natural Resources

Economic Torts

Equity

Guarantees

Jurisdiction and Conflict of Laws

What the Directories Say

Qualifications and Experience

Academic Achievements

Other Achievements

Education

Publications

Latest

27 members of One Essex Court featured in The Lawyer’s Top 20 Cases of 2024

One Essex Court featured in 7 of The Lawyer’s Top 20 Cases of 2023

NatWest Markets plc and Mercuria Energy Europe Trading Limited v Bilta (UK) Ltd [2021] EWCA Civ 680