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Practice Summary

Alexander has a broad commercial litigation and arbitration practice, including civil fraud, banking, energy, commercial judicial review, trusts and general commercial disputes. He has particular expertise in complex, high-value claims, including those with international elements. Alexander has extensive advocacy experience, having appeared as sole counsel in the Court of Appeal, the High Court and in arbitral claims under a variety of rules.

Alexander has also spent time at Ofgem and the FSA (now the FCA), gaining invaluable experience on energy deals, financial services and regulatory practice.

Key cases include: 

  • Monk v Largo [2016] EWHC 1837 (Comm) Alexander appeared (leading Stephanie Wood) for the Defendant in a 5 day Commercial Court trial defending claims worth £3 million in breach of contract and under the Commercial Agents Regulations.  The claimants (represented by Oliver Segal QC) argued that the Defendant had to act in good faith in deciding whether to terminate the contract.  In a landmark ruling on the meaning and application of good faith in the commercial agency context, the Judge held that the Defendant had an unfettered right to terminate and dismissed the claim.
     
  • LCIA Arbitration Alexander appeared (with Neil Kitchener QC) for the Defendant in a major LCIA arbitration in March 2016 relating to the control and ownership of substantial Russian assets and intellectual property. The claimant brought claims in conspiracy, unfair prejudice, shareholder oppression and breach of contract.  The claims were dismissed in their entirety and the Defendant’s counterclaims for breach of contract and warranty were upheld.  A Phase 2 hearing on quantum is due to take place later this year.
     
  • Tchenguiz v Grant Thornton [2016] EWHC 865 (Comm) Alexander appeared (with David Cavender QC) for the claimants in bringing and pursuing a complex conspiracy claim worth £2.2 billion against the Defendants.  The claim has involved several interim hearings, including a summary judgment application raising difficult points of law relating to trusts and the interpretation and application of settlement agreements.  The trial is due to take place next year.
     
  • ICC Arbitration Alexander appeared (as sole counsel) for the claimant in an ICC Arbitration in August 2015 in a claim relating to negligent investment in the Russian investment market.  The claim raised difficult points of Russian and Cayman Islands law, practice and regulation, and involved complex expert evidence on the Russian investment market.  The claims were upheld and substantial damages were awarded.
     
  • Biotec v Siemens [2015] EWHC 3555 (Comm) Alexander appeared (with Neil Kitchener QC) for the Defendant in an LCIA arbitration, successfully defending wide-ranging claims in conspiracy, breach of fiduciary duties, breach of confidence and knowing receipt. The claims were dismissed and the Defendant was awarded its full costs on an indemnity basis in February 2015.  Alexander and Neil successfully resisted the claimant’s subsequent attempt to challenge the Award in Court under s.68 of the Arbitration Act 1996.
     
  • Ma’Har v O’Keeffe [2014] EWCA Civ 1684 Alexander appeared (as sole counsel) for the First Respondent in the Court of Appeal and successfully resisted the appeal. The appeal related to the costs of taking an account upon the dissolution of a partnership. The Appellant claimed that it was entitled to its costs and that the first instance Judge had erred in his judgment. Lewison LJ set out the principles on which the costs of an account should be treated and held that the first instance Judge’s approach could not be criticised.
     
  • Fortress Value v Blue Skye [2013] EWHC 14 (Comm) Alexander appeared (with Craig Orr QC and Jamie Goldsmith) for the Fourth Defendant and Part 20 Claimant (Stepstone) in a €200 million fraud claim relating to the control of Italian assets. The case involved numerous complex issues of fact and law, including those relating to jurisdiction, applicable law, corporate restructuring, assignment and economic torts, numerous trust law points (including formation of trust, identification of beneficiaries, breach of trust, resulting trusts and constructive trusts) plus several issues of Luxembourg law. In December 2012, the other defendants sought to strike out the claims made against them, but the claimants and Stepstone successfully resisted this application. A 10 week trial was listed for May 2014, but the case settled shortly before the trial was due to commence. 
     
  • VTB Capital Plc v Nutritek International Corp [2011] EWHC 3017 (Ch) Alexander appeared (with Daniel Toledano QC and Jamie Goldsmith) for Nutritek in a major 6 day jurisdiction battle with respect to a US$250m civil fraud and deceit claim against Nutritek and others. The case involved a landmark ruling on the nature and scope of piercing the corporate veil, as well as issues concerning the applicable law, forum non conveniens (including extensive Russian law expert evidence) and when loss is suffered for the purpose of tort claims. Jurisdiction was successfully resisted and the decision was upheld on appeal ([2012] EWCA Civ 808]).