Scope of practice

• Arbitration, domestic & international
  incl. ICC, LCIA & Ad Hoc
• Banking, domestic & international
  incl. credit-crunch litigation, guarantees, bank debt recovery, claims against banks, cheques and negotiable instruments, letters of credit and performance bonds, disputes arising out of CDOs and securitisations
• Civil fraud
  incl. asset tracing / freezing
• Commodities trading
• Conflict of laws & jurisdiction
• Contractual disputes
• Energy
• Entertainment law
• Fund management litigation
  incl. oil & gas and utilities
• Insolvency law
• Insurance & reinsurance
• Interim & urgent injunctions
• International commercial arbitration
• Judicial review
• Media & entertainment law
• Pharmaceutical disputes
• Professional negligence
• Public procurement
• Sports law

Examples of recent cases

Banking, domestic & international incl. credit-crunch litigation, guarantees, bank debt recovery, claims against banks, cheques and negotiable instruments, letters of credit and performance bonds, disputes arising out of CDOs and securitisations

'The "ambitious, driven and forward thinking" David Wolfson is valued for his detailed and deep understanding of the financial markets.  Before taking silk in 2009, David was rightly acknowledged as "the most impressive junior at the Banking Bar", the deeply intellectual Wolfson "really is a star in the making".'  (Chambers & Partners 2009)

'David Wolfson is a fantastic lawyer with an exceptional ability to reduce very difficult and complex concepts to something accesible and rational for clients.'   (Legal 500 2008)

 Recent and notable work has included:

• Credit crunch litigation: advising several banks, hedge funds and investors in relation to issues arising out of the credit crunch, the insolvency or failure of counterparties and associated matters. Many of these matters are being arbitrated and thus remain confidential.
• Staracre v FIBI Bank
  Acting for FIBI defending proceedings brought against it arising out of the collapse of the Dawany Day group.
• ARM v. Max Lewinsohn
  Acting for a Luxembourg bond issuer in a dispute being litigated in Utah and in England. Jurisdiction challenge as to whether the English court can stay proceedings brought under Council Regulation (EC) 44/2001, art 2.
• JP Morgan v. Shinhan Card
  Acting for the bank in a dispute arising out of a Credit Card Agreement.
• Merebis v. ABN AMRO (2009)
  Acting for the defendant bank in a claim brought by a hedge fund.
• Currently advising Terra Firma on banking and commercial issues arising out of the multi £billion acquisition of EMI Group.
• R (on the Application of RAB Special Situations (Master) Fund Ltd v. The Commissioners of Her Majesty's Treasury (2008) (Admin)
  Currently acting for the hedge fund, RAB, in the Northern Rock Judicial Review.
• Advising the FSA in a high profile investigation into various products sold by banks.
• UBS v. Tank & Rast (2008) (Comm)
  For the borrower in a leading "credit crunch" case about a lender's ability to transfer its participation in a syndicated loan.
• United States and Exchange Commission v. Manterfield [2008] EWHC 1349 (QB); [2009] EWCA Civ 27
  For SEC, obtaining a worldwide freezing order, without provision of a cross-undertaking. SEC succeeded in maintaining the injunction on appeal.
• Greenland Bank Ltd v. AMEX [2008] EWHC 421 (Ch); [2009] EWCA Civ 14
  For AMEX, successfully defending (in High Court and Court of Appeal) proceedings over a performance bond for a Bangladeshi power project.
• Kolden Holdings Ltd v. Rodette Commerce Ltd [2007] EWHC 1597 (Comm);[2008] EWCA Civ 10
  For an investment fund, in Commercial Court and subsequently Court of Appeal proceedings, in an interesting jurisdiction challenge concerning the issue of ‘same parties’ under Council Regulation (EC) 44/2001, art 27/28.
• IXIS Corporate and Investment Bank v. (1) WestLB (2) CIBC World Markets (3) Terra Firma
  For CIBC World Markets, in a £110m dispute arising out of the securitisation of the Box Clever Business. CIBC's involvement in the litigation was settled shortly after the commencement of the 6-month Commercial Court trial (Jan 2008).
• Savings Bank of Russian Federation v. Refco Securities LLC [2006] EWHC 857 (QB)
  For largest Russian savings bank, with Mark Barnes QC, in a $120m dispute turning on the proper construction of global master securities (ISLA) standard documentation and enforcement of English judgments abroad.
• Tartan Ltd v. RBS (Comm) (2006)
  For the claimant, in a dispute concerning Sterling interest rate swaps.
• Primacom Management GmbH - Senior Facility Agreement
  Acted for a hedge fund with sub-participation rights in a senior loan and a secured lender in a mezzanine debt. Sought to enforce the fund’s rights in various actions in the UK, in the face of a claim by the borrower that a foreign court was already seised of these issues.
• The Attorney General of the Commonwealth of the Bahamas v. Hermes Kreditversicherungs-AG (2005)
  Advising the provider of performance bonds given as security for a public works contract awarded after tender by the Bahamian Government.
• SISU Capital Fund Ltd v. Wallace (Comp) [2005] EWHC 2321 (Ch)
  Acting for various bondholders challenging Company Voluntary Arrangements entered into after the collapse of the TXU Energy group of companies.
• HSH Nordbank v. Barclays Bank Plc (Comm) (2005)
  Acting for the claimant bank in ground-breaking litigation arising out of the operation of Barclays' CDO's (collateralised debt obligations). The case settled shortly before trial was due to commence in February 2005.
• JP Morgan Chase v. WestLB AG [2004] EWHC 1938 (Comm)
  For JP Morgan in its successful claim (with indemnity costs) to enforce letters of credit, provided by WestLB AG as security for JP Morgan's complex structured finance transactions with Enron.
• Herbert Black v. Sumitomo Corporation (Comm) (2002/3)
  For Sumitomo in defending litigation arising out of the operation of the international copper markets.
• Royal Bank of Scotland Plc v. Etridge (No 2) [2001] UKHL 44
  For Barclays in two of the conjoined cases in the House of Lords: the leading authority on the O'Brien jurisdiction and the enforcement of bank security.

Energy

• Acting for Indian oil and gas companies in various disputes with suppliers and contractors.
• Acting for a major European energy company in an arbitration relating to the privatisation of Russian electricity generating companies.
• Advising jointly (with Lord Grabiner QC), a SPV utilities company in a potential dispute with a Government department concerning the pricing machinery under a utility supply contract.
• Advising jointly (with Jonathan Sumption QC), an international oil and gas major in relation to the proposed termination of an agreement for the transportation & processing (TPA) of natural gas from a major North Sea field into a transportation system.
• Thames Valley Power Ltd v. Total Gas & Power Ltd [2005] EWHC 2208 (Comm)
  For Total in expedited Commercial Court proceedings arising out of the termination of an Interruptible Gas Supply Agreement. The dispute concerned the interrelationship of a force majeure clause and a "cap and collar pricing mechanism."

Entertainment law

• Definitely Maybe (Touring) Ltd v. Marek Liebererg Konzertagentur GmbH [2001] 1 WLR 1745
  For Oasis in a dispute with a German concert promoter. A leading case on Article 4 of the Rome Convention on the law applicable to contractual obligations.
• Advising the ghost-writer of a celebrity's best-selling autobiography in a royalties dispute.

Insurance & reinsurance

• Huntingdon v. Imagine Group Holdings Ltd & Anr [2007] EWHC 1603 (Comm); [2008] EWCA Civ 259
  Successfully defending proceedings in the Commercial Court and subsequently before the Court of Appeal arising out of the operation of a reinsurance group; the case involved an analysis of the meaning of finite risk reinsurance.
• Royal & Sun Alliance Insurance Plc v. Dornoch Ltd[2005] EWCA Civ 238
  For the reinsurer syndicates in the leading case on the construction of a claims control clause in a policy of reinsurance.

International and domestic commercial arbitration

• LCIA Proceedings [2009]2009 EWHC 957 (Comm)
  For claimants in an LCIA arbitration obtaining an anti-suit injunction against respondents threatening to bring proceedings in India (London seat).Cooke J upheld the injunction.
• LCIA Proceedings [2009]
  For Indian customers defending a claim brought by a multinational bank arising out of loss-making derivative transactions.
• ICC Proceedings [2009]
  For Indian conglomerate defending a claim arising out of disputed purchases for expensive plant.
• ICC Proceedings [2009]
  For a commodities seller against a buyer who refused to take delivery (Singapore seat).
• ICC Proceedings [2008]
  For a major European energy company in a dispute over a large investment in the Russian electricity market (London Seat).
• Ad Hoc Proceedings [2008]
  For a train operating company in a dispute with Railtrack.
• Ad Hoc Proceedings [2008]
  Acting for a County Council in a dispute with its waste contractor. There are also parallel proceedings in the High Court under the Public Contracts Regulations 2006.
• ICC Proceedings [2007]
  For a European chemicals company in a dispute with a Middel Eastern distributor (Paris seat).
• Ad Hoc Proceedings [2006]
  For a number of utility companies in a dispute with a Government department, arising out of the provision of utility supplies to large Government properties. The dispute involves both issues of contractual construction and allegations of bad faith.
• LCIA Proceedings [2006]
  For the seller of copper concentrate against a purchaser who refused to accept delivery. The purchaser did not open a letter of credit in time and argues force majeure. There is also a dispute on quantum (London seat).
• ICC Proceedings [2006]
  Defending the Spanish seller of a large IT business against warranty claims brought by the French purchaser. Complex issues of Spanish GAAP arise, as well as allegations of fraud (Paris seat).
• Ad Hoc Proceedings [2006]
  For an Italian bank, a party to a syndicated loan, in dispute with the borrower concerning the applicability of withholding tax.
• Ad Hoc UNCITRAL Proceedings [2005]
  For an NHS Trust against a Primary Health Care Trust arising out of a dispute concerning payment for services provided by the Trust to the PCT.
• ICC Proceedings [2003]
  For Respondent Dutch companies, in a dispute concerning joint venture investments in a wind turbine farm in Quebec (London seat).
• ICC Proceedings [2001]
  For major airline against an engine manufacturer, in a dispute about the servicing of Boeing 747 aircraft. The arbitration involved complex technical disputes as well as legal issues (London seat).

Pharmaceutical disputes

• Mediolanum Farmaceutici SpA v. AstraZeneca (Comm) (2005/6)
  Acting for the Claimant pharmaceutical company in major litigation against AstraZeneca concerning the development of a drug to treat prostate cancer.

Professional negligence

• A client v. Leading Investment Bank
  Instructed for the defendant investment bank in a claim arising out of the management of an investment fund.
• Verity Trustees Ltd (formerly Socpen) v. UBS Global Asset Management (UK) Limited (formerly PDFM) (Comm) (2005)
  For the claimant fund against fund managers arising out of the management of the assets of a large pension fund.
• Unilever Superannuation Trustees Ltd v. Mercury Asset Management (Comm) (2001)
  For Unilever in the first major claim of its kind against a leading city fund manager. The claim was settled shortly before judgment was due.
• Investors Compensation Scheme v. West Bromwich Building Society [1999] Lloyd's Rep PN 496
  For the Solicitors' Indemnity Fund (the insurers of several hundred firms of solicitors) in its successful defence in the "Home Income Plan" litigation.

Sports law

• Langston Group Corporation v. Cardiff City Football Club Ltd [2008] EWHC 535 (Ch)
  For Cardiff City FC, successfully defending summary judgment arising from a dispute with the loan note holder.
• Acting for Chelsea FC in a dispute arising out of the transfer of John Obi Mikel.
• Acting for the FA in matters arising out of the 2018 FIFA World Cup bid.