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Practice Summary

“He's fantastic - hard-working, incredibly intelligent, and a great team player with excellent judgement. He's never been known to put in a bad performance. He's a thoroughly nice human being." (Chambers & Partners 2020 – Chancery: Commercial)

"He's very charming, which can be dangerous for the opposition." "He doesn't lose the judge, even with a mountain of detail, as he picks and selects the right points that demonstrate where the merits of a case lie." (Chambers & Partners 2020 – Fraud: Civil)

"Very clever and brilliant on paper - his written work is top-notch." "He has an outstandingly forensic mind and is academically one of the best lawyers out there." (Chambers & Partners 2020 – Banking & Finance)

Described by Chambers and Partners in 2015 as “rapidly becoming one of the leading commercial silks of his generation”, Tony de Garr Robinson QC is regularly instructed in the largest and most complex commercial disputes.  Noted for his grasp of the details of even the most technically difficult cases and for his skill in cross-examination, he combines intellectual rigour and creativity with a friendly, down-to-earth and practical manner that sets clients at their ease – as the feedback from independently researched legal directories makes clear.

Experienced in all forms of commercial litigation, international arbitration and advisory work, both domestic and international, Tony has been ranked by Chambers & Partners and the Legal 500 for over 25 years.  

This leading position is reflected in a track record that includes many high profile cases in the areas of company and partnership, banking and finance, commercial chancery, fraud and other areas of commercial litigation and arbitration. Several of these have been singled out as ‘cases of the year’ by major guides.  Numerous examples can be found by following the links below, but recent cases include:

  • The Post Office Group Litigation (2018 and 2019): acted for the Post Office in the high-profile claim by 561 sub-postmasters that the Post Office’s electronic accounting system created false losses in branch accounts. Said to be worth c.£120m, the claim was for breach of contract, breach of fiduciary duty, negligent misstatement, deceit, economic duress, harassment and malicious prosecution. This was one of The Lawyer’s Top 20 cases for 2018. See https://www.ft.com/content/f420f2f8-75fa-11e7-a3e8-60495fe6ca71.
     
  • Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another (2018): instructed by Bernie Ecclestone in a £500m-plus bribery claim alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. This was another of The Lawyer’s Top 20 cases for 2018. See https://www.lawyer-monthly.com/2018/03/ecclestone-formula-one-bribery-case-goes-to-trial/.
     
  • Re Edwardian Group Limited [2018] EWHC 1715 (Ch): represented the majority shareholders in an unfair prejudice petition relating to a £1bn hotel group. The case raised important issues concerning the unfair prejudice jurisdiction. After a 7 week trial, the claim against Tony’s clients was dismissed.
     
  • The Libyan Investment Authority v Société Générale (2017): acted for Société Générale in a claim that the LIA was induced to buy over £2 billion in structured investment products by bribery of senior officials in the Gaddafi regime.  This was one of The Lawyer’s Top 20 cases for 2017. See https://www.ft.com/content/7dc88450-3094-11e7-9555-23ef563ecf9a.
     
  • Palmerston Hotels and Resorts v Brocket Hall (UK) Limited [2016] EWHC 2018 (Comm): assisted the owner of a well-known golf club and luxury resort in an LCIA arbitration regarding the termination of a 35-year management contract and in an application for an injunction to restrain termination of the contract pending the appointment of arbitrators. See https://www.thetimes.co.uk/article/lording-it-over-the-manor-judge-steps-in-to-settle-golf-row-szc7h3j2r.
     
  • Novatrust Ltd v Kea Investments Ltd (2016): – acted for the claimant in an appeal from a decision dismissing its claims regarding a £130m joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

 

What the market says:

Over the course of his career, Tony has attracted many comments from clients, instructing solicitors and opponents. Here are a few more recent examples: 

  • "Extremely responsive and someone who offers the most practical legal advice." (Chambers & Partners 2020 – Company)
     
  • "Tony has shown great skill in getting to grips with complex accounting issues, and he's a good team player." (Chambers & Partners 2020 – Commercial Dispute Resolution)
     
  • "Outstanding – a leading advocate in the area of banking litigation." (Legal 500 2019 – Banking & Finance)
     
  • "The advocate I would most like to have in the trenches next to me on the most demanding matters." (Legal 500 2019 – Civil Fraud)
     
  • "His legal expertise, eloquence and diligence stand out, and the quality of his work is simply superb." "Has a keen eye for detail, and is great at finding the pressure points." “... He is an excellent litigator who takes a cerebral approach to legal problems. Works incredibly hard, and because he does a wide range of work he's really good at taking concepts from one area and applying them to others. He's just a superb litigator, and charming with it." (Chambers and Partners 2018 - Commercial Dispute Resolution)
     
  • "An outstanding advocate; incredibly intelligent, extremely hardworking and has fantastic judgment." (Legal 500 2018 – Banking & Finance)
     
  • “A great all-rounder, he has fabulous amounts of energy and a willingness to get immersed in the detail.” (Legal 500 2018 – Civil Fraud)

 

EXAMPLES OF RECENT CASES

  • Arbitration

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    ‘He is one of the best barristers I have seen, and is very clear-minded. He loves thinking about the result and the strategy of the case’. (Chambers UK 2014, International Arbitration)

    Relevant cases over the past few years include:-

    In 2016, Tony acted for the owner of a well-known golf club and luxury resort in an LCIA arbitration regarding the termination of a 35-year management contract. The dispute included a Commercial Court application for an injunction restraining the owner from terminating the contract pending the appointment of arbitrators (Palmerston Hotels and Resorts v Brocket Hall (UK) Limited and another [2016] EWHC 2018 (Comm)).

    He spent much of 2015 acting in a $150m ICC arbitration in Germany concerning the acquisition of a bank in a CEE country, which subsequently collapsed into insolvency. The arbitration involved German law claims for willful deceit, culpa in contrahendo, breach of contract and restitution; there were no English law issues.

    In 2014, Tony acted for Oracle America in a $120m+ UNCITRAL arbitration relating to Oracle’s FRAND licensing regime for Java software. The dispute began with litigation in California and Delaware but ultimately resulted in arbitration in London, where he was lead counsel for Oracle (Myriad Group AG v Oracle America Inc).

    Tony acted for the claimants in an LCIA arbitration of a £100m claim for serious breaches of a joint venture arrangement regarding a large bank in an eastern European country, which was alleged to have resulted in a huge, involuntary dilution of the bank's majority shareholders.

    He acted for an AIM-listed investment fund in an LCIA arbitration of a claim for damages against the fund's former investment manager for serious breaches of contractual and fiduciary duties. The manager counterclaimed for £112m+ in damages for wrongful termination of its appointment and a substantial profit share/carried interest payment allegedly due under the investment management agreement.

    Tony acted for the claimant in an UNCITRAL arbitration of a claim relating to the financial and indemnity provisions contained in a series of transponder leases, under which transponders in satellites were used for television broadcast across Asia.

    Tony frequently acts as counsel in international arbitrations and sits as an arbitrator. He also has experience of enforcement proceedings under the New York Convention.

  • Banking and Financial Services

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    “Very clever and brilliant on paper - his written work is top-notch." "He has an outstandingly forensic mind and is academically one of the best lawyers out there." (Chambers UK 2020 – Banking & Finance)

    “He remains a go-to silk for banking and commercial matters. He's fantastic - hard-working, incredibly intelligent, and a great team player with excellent judgement.” (Chambers UK 2020 – Chancery: Commercial)

    Experienced in all forms of banking and banking-related litigation, including LIBOR-related claims, investment advisory claims and regulatory claims, Tony has acted in a variety of asset-backed security disputes, including cashflow waterfall disputes and disputes regarding the proper operation of transaction documents and the actions that should have been taken by the various office holders (administrators, security trustees, investment vehicle directors etc.)

    Over the years he has also advised various financial institutions on the appropriate tariff bases, fees and levies payable under the FSA and FCA Handbooks, both to the FCA and to the FSCS (Financial Services Compensation Scheme).

    Relevant cases over the past few years include:-

    Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another – Tony acted for Bernie Ecclestone in this highly publicized £500 million+ claim, alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. The case arose from claims by Bluewaters that its bid for a controlling stake was derailed by a corrupt agreement reached between Tony’s client and the banker responsible for selling the controlling stake owned by Bayerische Landesbank. It was one of The Lawyer’s Top 20 cases for 2018.

    Libyan Investment Authority v Société Générale – In 2017, Tony acted for Société Générale in a claim based on allegations that the LIA was induced to invest more than £2 billion in various structured investment products as a result of bribery of senior Libyan officials in the Gaddafi regime. This was one of The Lawyer’s Top 20 cases for 2017.

    Erik Vik v Deutsche Bank – In 2017 Tony gave expert evidence on English law for Deutsche Bank in a case it had brought in Norway to enforce the $234m judgment it had obtained in English proceedings (Deutsche Bank AG v Sebastian Holdings Inc. [2013] EWHC 3463 (Comm)).

    Baylin v Canada Life International – In 2016 he acted for Canada Life in a claim by 84 investors who had invested in certain funds via life assurance wrappers provided by an offshore insurance company. Tony’s client was alleged to have breached various regulatory provisions and implied terms in the investors’ policies regarding the selection and supervision of the funds.

    RP Explorer Master Fund v Sanjay Malhotra and others – In 2015 Tony acted for a Portuguese bank in a US$77m conspiracy claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. In the course of these proceedings he obtained an order from the English court authorizing his client to disclose information and documents that are subject to strict obligations of Portuguese banking secrecy – this was unprecedented as a matter of English law.

    Aberdeen Global (Luxembourg) v Satyam Computer Services Limited – In 2012 Tony acted for the Aberdeen Asset Management Group in a $150m claim against Satyam Computer Services Limited (now Mahindra Satyam). In 2009 the company was found to have overstated its accounts by over $1bn (the ensuing public scandal became known as ‘India's Enron’). Having invested substantial amounts in Satyam shares, Aberdeen issued proceedings in the Commercial Court claiming damages for fraud. Satyam challenged the jurisdiction and, after a four-day hearing, the parties settled the claim for $68m.

  • Company

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    "Extremely responsive and someone who offers the most practical legal advice." (Chambers UK 2020 – Company)

    “An outstanding company silk” (Legal 500 2020 – Company)

    Tony has acted in innumerable shareholder disputes, section 994 petitions and derivative actions. He is often involved in company claims against directors and other fiduciaries and in corporate joint venture disputes. In his wider commercial practice, his knowledge and experience of company law enables him to identify company law issues that other practitioners might miss.

    He also frequently acts in disputes relating to large and complex corporate transactions. In this context he has considerable experience, not only of warranty and indemnity claims, but also of the provisions and principles (including accountancy principles) to be applied in determining or adjusting the consideration payable for the target company.

    Relevant cases over the past few years include:-

    Re Edwardian Group Limited [2018] EWHC 1715 (Ch) – Tony acted successfully for the majority shareholders in this unfair prejudice petition relating to a £1 billion hotel group – after a seven-week trial, the claim against his clients was dismissed. The case dealt with numerous important issues concerning the unfair prejudice jurisdiction, including the approach to be adopted towards family trust shareholders where a quasi-partnership is alleged and, where a buyout order is made, backdating the valuation date and applying a discount for minority holding or sharing a control premium.

    Novatrust Ltd v Kea Investments Ltd – In 2016 Tony acted for the claimant in an appeal from a decision dismissing its claims regarding a £130 million joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

    MDNX Group Ltd v Richard Cunningham – In 2015 he acted in a claim by the buyers of an IT company for breach of warranty by the sellers. The case involved complex issues of contractual construction, accounting and valuation.

    Antonio Gramsci Shipping Corp v Recoletos Ltd [2014) 1 BCLC 581; [2013] 4 All ER 157 and [2013] 2 Lloyd's Rep. 295 (Court of Appeal) and [2012] 2 Lloyd's Rep 365 (Teare J) – Acting for a defendant in a £100m shipping fraud claim, Tony successfully challenged the jurisdiction of the court after a five-day hearing on the basis that it is not possible to establish this under the Brussels Regulation by piercing the corporate veil. The claimants appealed, effectively arguing that the corporate veil should be pierced under European law. The appeal was dismissed, as was the claimants' application for permission to appeal to the Supreme Court.

  • Commercial Litigation

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    “He's fantastic - hard-working, incredibly intelligent, and a great team player with excellent judgement. He's never been known to put in a bad performance. He's a thoroughly nice human being." (Chambers UK 2019 – Chancery: Commercial)

    “His legal expertise, eloquence and diligence stand out, and the quality of his work is simply superb.” “Has a keen eye for detail, and is great at finding the pressure points.” (Chambers UK 2018 – Commercial Dispute Resolution)

    Tony enjoys an extensive commercial practice, from straightforward contract and tort cases to esoteric disputes involving complex suites of contracts, economic torts, fiduciary allegations and proprietary claims.

    Equally at home in the Commercial Court and the Chancery Division, he often acts in offshore cases. His range of expertise is unusually wide, which allows him to identify and deal with issues that some others might miss – for example, company, and insolvency, trust or property law issues.

    He has experience of a wide range of commercial transactions, including for example CDO transactions, commercial leasing transactions, corporate acquisitions, derivatives (including swaps), all forms of financing transactions, fund management contracts, software and other IT licenses (including FRAND licenses), mobile virtual network operator contracts, PFI transactions and securitizations.

    Relevant cases over the past few years include:-

    The Post Office Group Litigation – Tony represented the Post Office in a claim by 561 sub-postmasters that the Post Office’s electronic accounting system created false losses in branch accounts. Said to be worth around £120m, the claim raised issues of breach of contract, breach of fiduciary duty, negligent misstatement, deceit, economic duress, harassment and malicious prosecution. It was one of The Lawyer’s Top 20 cases for 2018.

    Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another – Tony was instructed by Bernie Ecclestone in this £500m-plus bribery claim alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. This was also one of The Lawyer’s Top 20 cases for 2018.

    Macdonald Hotels Ltd v Bank of Scotland – Tony acted for Bank of Scotland in a £138m claim by a customer alleging that his client had breached a duty of good faith by not lending a sufficient amount to maintain its core business and by requiring it to buy interest rate caps. The case also raised claims of LIBOR misrepresentation.

    Libyan Investment Authority v Société Générale – In 2017, Tony acted for Société Générale in a claim based on allegations that the LIA was induced to invest more than £2 billion in various structured investment products as a result of bribery of senior Libyan officials in the Gaddafi regime. This was one of The Lawyer’s Top 20 cases for 2017.

    2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, Tony defended The Financial Times against allegations that it conspired with The Guardian and others to unlawfully injure the claimant. The unlawful means which they are alleged to have used included misuse of confidential information and breach of contract.

    Baylin v Canada Life International – In 2016 he acted for Canada Life in a claim by 84 investors who had invested in certain funds via life assurance wrappers provided by an offshore insurance company. Tony’s client was alleged to have breached various regulatory provisions and implied terms in the investors’ policies regarding the selection and supervision of the funds.

    Wabtec UK Holdings Ltd v Baron Tanlaw and others – In 2015 and 2016, he acted for the sellers of an international rail industry manufacturing group in a series of warranty claims by the purchaser, a subsidiary of the Westinghouse group. The purchaser claimed that, at the time of the sale, the target group was in breach of various large supply contracts, which were governed by the laws of several jurisdictions. The claims raised interesting issues of foreign law, contractual construction and valuation.

    RP Explorer Master Fund v Sanjay Malhotra – In 2015, Tony acted for the bank in this $77m claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. The claimant alleged that the bank had facilitated a conspiracy to obtain $200m from investors by means of various deceits concerning an allegedly fictitious project to construct an oil refinery in India.

    Novatrust Ltd v Kea Investments Ltd BVIHC (Com) 2014/46; [2014] EWHC 4061 (Ch) – Tony acted in this cross-border £130m joint venture dispute involving proceedings in England (commenced by Novatrust) and the BVI (commenced by Kea). There were jurisdiction challenges and appeals in both proceedings.

    Antonio Gramsci Shipping Corp v Recoletos Ltd [2014] 1 BCLC 581 – Acting for a defendant in a £100m shipping fraud claim, Tony successfully challenged the jurisdiction after a five-day hearing, on the basis that it was not possible to establish this under the Brussels Regulation by piercing the corporate veil. The claimants’ appeal, effectively arguing that the corporate veil should be pierced under European law, was dismissed, as was their application for permission to appeal to the Supreme Court.

  • Breach of Confidence

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    "He's very charming, which can be dangerous for the opposition." "He doesn't lose the judge, even with a mountain of detail, as he picks and selects the right points that demonstrate where the merits of a case lie." (Chambers UK 2020 – Fraud: Civil)

    Tony has taken part in a number of cases involving the misuse of commercially valuable confidential information and has also acted in personal privacy cases.

    Relevant cases include:-

    2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, Tony defended The Financial Times against allegations that it conspired with The Guardian and others to unlawfully injure the claimant. The unlawful means which they were alleged to have used included misuse of confidential information and breach of contract.

    RP Explorer Master Fund v Sanjay Malhotra and others – In 2015, Tony acted for a Portuguese bank in a US$77m conspiracy claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. In the course of these proceedings, he obtained an order from the English court authorizing his client to disclose information and documents that are subject to strict obligations of Portuguese banking secrecy – this was unprecedented as a matter of English law.

    Geoffrey Logue and another v Project Grande (Guernsey) Ltd and others – In 2013, Tony acted for the Candy brothers and their associated companies in a £12m conspiracy claim. This hotly disputed case related to the One Hyde Park development and the unlawful means alleged included breach of confidence and the torts of abuse of process and unlawful interference. The case ultimately settled on confidential terms.

    Purolite International Limited and another v Fujkunda – In 2011, Tony obtained ex parte injunctions in this case, which involved allegations that the claimants' outgoing global R&D manager had taken highly sensitive trade secrets relating its ion exchange resin products and processes.

    Pell Frischmann Engineering Ltd v Bow Valley Ltd [2011] 1 WLR 2370 – For several years Tony worked with Jersey Advocates on a claim in Jersey involving the abuse of confidential information relating to a valuable oilfield development contract in Iran. At trial, damages were awarded for abuse of confidence, while in the Court of Appeal it was held that negotiation/ license fee damages (i.e. damages on a Wrotham Park basis) should have been awarded. Subsequently, he appeared on his clients' successful appeal to the Privy Council.

  • Civil Fraud and Investigations

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    "He's very charming, which can be dangerous for the opposition." "He doesn't lose the judge, even with a mountain of detail, as he picks and selects the right points that demonstrate where the merits of a case lie." (Chambers UK 2020 – Fraud: Civil)

    “The advocate I would most like to have in the trenches next to me on the most demanding matters.” (Legal 500 UK 2020 – Fraud: Civil)

    Tony has acted in countless fraud and conspiracy cases over the years and has huge experience of the various forms of damages, restitutionary and proprietary claims to which such cases give rise, including tracing claims made by way of ancillary proceedings in other countries.

    He also has great experience of freezing orders, search and seizure orders, confidentiality/privacy orders, and third party disclosure orders, both in England and in numerous offshore jurisdictions such as Jersey, the BVI, the Cayman Islands, Bermuda and the Bahamas.

    Relevant cases include:-

    Bluewaters Communications v Bayerische Landesbank, Bernard Ecclestone and another – Tony was instructed by Bernie Ecclestone in this £500m-plus bribery claim alleging conspiracy and unlawful interference in relation to the 2006 takeover of the Formula One Group. This was also one of The Lawyer’s Top 20 cases for 2018.

    Macdonald Hotels Ltd v Bank of Scotland – He acted for Bank of Scotland in a novel £138m claim by a customer alleging that his client had breached a duty of good faith by not lending a sufficient amount to maintain its core business and by requiring it to buy interest rate caps. The case also raised claims of LIBOR misrepresentation.

    Libyan Investment Authority v Société Générale (Teare J) – In 2017, Tony acted for Société Générale in a claim based on allegations that the LIA was induced to invest more than £2 billion in various structured investment products as a result of bribery of senior Libyan officials in the Gaddafi regime. This was one of The Lawyer’s Top 20 cases for 2017.

    2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, Tony defended The Financial Times against allegations that it conspired with The Guardian and others to unlawfully injure the claimant.

    RP Explorer Master Fund v Sanjay Malhotra and others – In 2015, Tony acted for a Portuguese bank in a US$77m conspiracy claim relating to the issue of Global Depositary Receipts on the Luxembourg Stock Exchange. In the course of these proceedings, he obtained an order from the English court authorizing his client to disclose information and documents that are subject to strict obligations of Portuguese banking secrecy – this was unprecedented as a matter of English law.

  • Insolvency and Reconstructions

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    “A popular silk with a broad practice that includes banking, shareholder disputes, insolvency and partnership matters. He is an excellent litigator who takes a cerebral approach to legal problems... ‘Works incredibly hard, and because he does a wide range of work he's really good at taking concepts from one area and applying them to others. He's just a superb litigator, and charming with it’.”  (Chambers UK 2018 – Dispute Resolution: Chancery Commercial)

    Tony has extensive and far-reaching experience of all kinds of insolvency and restructuring-related work. This often arises within the context or broader commercial disputes, where his unusually broad experience allows him to identify and deal with insolvency-related issues that others might miss.

    Relevant cases include:-

    Kea Investments Ltd v Novatrust Ltd – In 2014 and 2015, Tony acted for the respondent to a BVI winding up application, in which he challenged the jurisdiction of the BVI court to make a just and equitable winding up order in respect of a BVI company. He also acted in the subsequent appeal to that jurisdiction challenge, in relation to which the applicant agreed terms for the appeal to be allowed.

    Tony spent much of 2015 acting in a $150m ICC arbitration in Germany concerning the acquisition of a bank in a CEE country, which subsequently collapsed into insolvency. The arbitration involved German law claims for willful deceit, culpa in contrahendo, breach of contract and restitution; there were no English law issues.

    In 2015, Tony acted for a major bank in relation to an application in the administration of a group of companies, to which it had leant substantial sums. The controlling shareholder in the group made serious allegations against the bank and the administrators, including that they had conspired to force the group to go into administration.

    In 2013 and 2014, he represented a major bank in a large number of administration petitions against a group of companies, which had borrowed £250m, as well as entering into a substantial interest swap with it, on the security of various portfolios of ground rent assets. In an attempt to prevent enforcement, the defendants made serious allegations against the bank, including LIBOR rigging and conspiracy to injure by unlawful means.

  • Joint Venture and Partnership Disputes

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    “A popular silk with a broad practice that includes banking, shareholder disputes, insolvency and partnership matters. He is an excellent litigator who takes a cerebral approach to legal problems... ‘Works incredibly hard, and because he does a wide range of work he's really good at taking concepts from one area and applying them to others. He's just a superb litigator, and charming with it’.”  (Chambers UK 2018 – Dispute Resolution: Chancery Commercial)

    A leading silk in the field of Company law, Tony has acted in innumerable shareholder disputes, section 994 petitions and derivative actions involving joint venture companies, and is frequently instructed in corporate joint venture disputes. In his wider commercial practice, his knowledge and experience of company and partnership litigation enables him to identify issues which other practitioners might miss.

    For his expertise in Company and Shareholder Disputes, see the Company section above, relevent cases include:-

    Re Edwardian Group Limited [2018] EWHC 1715 (Ch) – Tony acted for the majority shareholders in this unfair prejudice petition relating to a £1 billion hotel group – after a seven-week trial, the claim against his clients was dismissed. The case dealt with numerous important issues concerning the unfair prejudice jurisdiction, including the approach to be adopted towards family trust shareholders where a quasi-partnership is alleged and, where a buyout order is made, backdating the valuation date and applying a discount for minority holding or sharing a control premium.

    Novatrust Ltd v Kea Investments Ltd – In 2016, Tony acted for the claimant in an appeal from a decision dismissing its claims regarding a £130 million joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

    Tony acted for the claimants in an LCIA arbitration of a £100m claim for serious breaches of a joint venture arrangement regarding a large bank in an eastern European country, which was alleged to have resulted in a huge, involuntary dilution of the bank's majority shareholders.

    F and C Alternative Investments (Holdings) Limited v Barthelemy and Culligan – In 2010, Tony acted in unfair prejudice proceedings brought by two minority partners in a hedge fund LLP. This was one of the largest unfair prejudice petition ever brought in relation to an LLP.

  • Jurisdiction and Conflict of Laws

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    "He remains a go-to silk for banking and commercial matters. He's fantastic - hard-working, incredibly intelligent, and a great team player with excellent judgement. He's never been known to put in a bad performance. He's a thoroughly nice human being." (Chambers UK 2020 – Chancery: Commercial)

    “Frequently seen in High Court and appellate proceedings, offshore litigation and international arbitration, he is active in company, fraud and banking work…  ‘He has shown great skill in getting to grips with complex accounting issues and is a good team player.’ ‘He's extremely bright and good on his feet’." (Chambers Global 2018 - Dispute Resolution: Commercial)

    Tony has a highly international practice and has amassed substantial experience of multinational litigation and arbitration. He has acted in many jurisdictional disputes and forum challenges and regularly deals with conflicts issues and cases involving expert evidence of foreign law, including the law of the Netherlands, France, Germany, India, Iran, Japan, the Lebanon, Russia, Spain and Switzerland, as well as Sharia'a law.

    He has acted or advised in many cases in offshore jurisdictions, including Bermuda, the Bahamas, the BVI, the Cayman Islands, the Channel Islands, Panama and the United States. Over the years, Tony has been admitted as a member of the Bar in the Bahamas and the BVI, and has been registered as a foreign lawyer to appear before the Singapore International Commercial Court (SICC) and as an advocate in the Dubai International Financial Centre Courts (DIFC).

    He has also advised governments on state immunity and related issues, and acted as an English law expert in proceedings in Switzerland, the United States and Norway.

    Notable cases include:-

    Re Edwardian Group Limited [2018] EWHC 1715 (Ch) – Tony acted successfully for the majority shareholders in this unfair prejudice petition relating to a £1 billion hotel group – after a seven-week trial, the claim against his clients was dismissed. The case dealt with numerous important issues concerning the unfair prejudice jurisdiction, including the approach to be adopted towards family trust shareholders where a quasi-partnership is alleged and, where a buyout order is made, backdating the valuation date and applying a discount for minority holding or sharing a control premium.

    Novatrust Ltd v Kea Investments Ltd – In 2016, Tony acted for the claimant in an appeal from a decision dismissing its claims regarding a £130 million joint venture on jurisdictional grounds ([2014] EWHC 4061 (Ch)). Among other things, the appeal raised fundamental questions regarding the nature of derivative proceedings, as well as the jurisdiction of the English court to grant declarations and to authorize a shareholder to bring proceedings on behalf of a BVI company.

    Antonio Gramsci Shipping Corp v Recoletos Ltd [2014) 1 BCLC 581; [2013] 4 All ER 157 and [2013] 2 Lloyd's Rep. 295 (Court of Appeal) and [2012] 2 Lloyd's Rep 365 (Teare J) – Acting for a defendant in a £100m shipping fraud claim, Tony successfully challenged the jurisdiction of the court after a five-day hearing on the basis that it is not possible to establish this under the Brussels Regulation by piercing the corporate veil. The claimants appealed, effectively arguing that the corporate veil should be pierced under European law. The appeal was dismissed, as was the claimants' application for permission to appeal to the Supreme Court.

    Aberdeen Global (Luxembourg) v Satyam Computer Services Limited – In 2012, Tony acted for the Aberdeen Asset Management Group in a $150m claim against Satyam Computer Services Limited (now Mahindra Satyam). In 2009 the company was found to have overstated its accounts by over $1bn (the ensuing public scandal became known as ‘India's Enron’). Having invested substantial amounts in Satyam shares, Aberdeen issued proceedings in the Commercial Court claiming damages for fraud. Satyam challenged the jurisdiction and, after a four-day hearing, the parties settled the claim for $68m.

     

  • Media, Entertainment and Sport

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    "Utterly meticulous in his preparation." "Anthony is an impressive strategist with a keen eye for detail, who's great at finding the pressure points in a case." (Chambers Global 2020 – Dispute Resolution: Commercial)

    "His legal expertise, eloquence and diligence stand out, and the quality of his work is simply superb." "Has a keen eye for detail, and is great at finding the pressure points." (Chambers Global 2019 – Dispute Resolution: Commercial)

    As a heavyweight commercial silk, Tony has acted over the course of his career in a number of important matters in the TMC sector, during the course of which he has gained an impressive knowledge of both the operation of complex IT and communications systems, and the complexities of the associated regulatory regimes.

    Relevant cases include:-

    The Post Office Group Litigation – Tony represented the Post Office in a claim by 561 sub-postmasters that the Post Office’s electronic accounting system created false losses in branch accounts. Said to be worth around £120m, the claim raised issues of breach of contract, breach of fiduciary duty, negligent misstatement, deceit, economic duress, harassment and malicious prosecution, as well as requiring him to master a number of technical issues in Information Technology law and practice. It was one of The Lawyer’s Top 20 cases for 2018.

    2 The Door Ltd v The Financial Times Limited and others – In 2015 and 2016, Tony defended The Financial Times against allegations that it conspired with The Guardian and others to unlawfully injure the claimant.

    Re Atex Group Ltd – In 2014, Tony acted for the respondent in an unfair prejudice petition relating to a large media company whose principal business is digital content management, advertising and distribution systems.

    STV v ITV – In 2011, Tony acted for STV in their disputes with ITV plc regarding the manner in which the affairs of ITV Network Ltd, the company in which they were all shareholders and which operated the Channel 3 network, were being conducted.

    Giedo Van der Garde BV v Force India Formula One Team [2010] EWHC 2373 (QB) – he acted for a racing driver in a claim against a Formula One team for failing to allow the driver to do the contracted amount of test driving for the team. 

     

  • Other Notable Cases

    Ash & Newman v Creative Devices Research [1991] BCLC 403 This case decided whether an administrative receiver should be restrained by injunction from dealing in property which is subject to a right of pre-emption.

    Re Freudiana Holdings Limited In 1992/3, he acted for the respondent in one of the longest ever unfair prejudice petitions, the trial of which occupied over a year. The respondent succeeded on every significant issue. Ultimately, the petitioner made himself bankrupt and the respondent obtained an order for the costs of the trial (summarily assessed at £2m). These costs were recovered by obtaining a third costs order against the petitioner's pension fund, which had funded the petition.

    Knight v Lawrence [1993] BCLC 215 This case established that an LPA receiver appointed by a creditor owes a duty of care to a guarantor of the debtor.

    Re Mineral Resources Limited [1999] 1 All ER 746 This case considered whether a waste management licence can be disclaimed by a liquidator as onerous property under the Insolvency Act.

    Corporacion Nacional del Cobre de Chile v Sogemin Metals Ltd [1997] 1 WLR 1396 This case established that contributory negligence cannot be a defence to a claim based on bribery.

    Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd [1998] 1 W.L.R. 1426 and Securum Finance Ltd v Ashton (No.1) [2001] Ch. 291 Two strike out applications regarding the same claim, each based on delay (Court of Appeal).

    Dardana Limited v Yukos Oil Company [2002] 2 Lloyds Rep 261 (Commercial Court) and [2002] 2 Lloyds Rep 326 (Court of Appeal) A case regarding the enforcement of an arbitral award pursuant to the New York Convention.

    Bowthorpe Holdings Ltd v Hills [2003] 1 BCLC 226 A joint venture case relating to an offshore fund management operation.

    Christopher Evans v SMG [2003] All ER (D) 348 He acted for Virgin Radio and SMG in the widely publicised claim brought by Chris Evans.

    Jewson v Kelly [2004] 1 Lloyds Rep 205 A Court of Appeal case on the proper scope and effect of the fitness for purpose/merchantable quality terms implied under the Sale of Goods Act.

    Marketmaker Ltd v CMC Group Pie [2004] All ER (D) 99 He acted for a defendant who successfully discharged injunctions that the claimants had obtained without notice. He subsequently obtained an order that the claimants pay indemnity costs on the basis (amongst other things) that they had breached their duty of full and frank disclosure. He ultimately secured a stay of the entire proceedings on the basis of the claimants' abusive conduct of the proceedings.

    He acted for the producers of "Riverdance - The Show" in an action brought by Michael Flatley. 

    He acted for Tony Visconti in a claim to ownership of the many recordings which Tony Visconti had produced for Marc Bolan and T. Rex. 

    Giedo Van der Garde BV v Force India Formula One Team [2010] EWHC 2373 (QB) – acting for the claimant racing driver, he succeeded in obtaining substantial damages for breach of contract notwithstanding the absence of proof of financial loss.  The case as a notable authority on performance interest damages and Wrotham Park damages.

    Gregory Projects (Halifax) Ltd v Tenpin (Halifax) Ltd [2010] 2 All E.R. (Comm) 646 A dispute about whether proposed tenant under a conditional agreement for lease from a developer of a large commercial development was entitled to terminate the agreement and thereby avoid taking the lease once the development was complete.