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Practice Summary

Krishnaprasad has a broad commercial practice spanning the full range of Chambers’ work. As a pupil in Chambers and subsequently as a Judicial Assistant at the Commercial Court, he has experience of being involved in several pieces of complex commercial dispute resolution including the Lloyds/HBOS trial (assisting Sebastian Isaac), the Commercial Court trial in Minera Las Bambas SA v Glencore Queensland Ltd [2018] EWHC 1658 (Comm) (assisting Conall Patton), a substantial LCIA Arbitration (assisting Steven Elliott QC) and the applications for a worldwide freezing order, search order and Norwich Pharmacal relief in Arcelormittal v Essar Steel [2019] EWHC 724 (Comm) (assisting Jacobs J).

From March to July 2019, Krishnaprasad worked as a Judicial Assistant at the Commercial Court where he assisted the judges with some of the leading cases decided during that period including Arcelormittal v Essar Steel [2019] EWHC 724 (Comm) (Jacobs J), PJSC Tatneft v Bogolyubov [2019] EWHC 1400 (Comm) (Butcher J), Saab v Dangate Consulting Ltd [2019] EWHC 1558 (Comm) (Cockerill J), Ministry Of Defence & Support For Armed Forces of Iran v International Military Services Ltd [2019] EWHC 1994 (Comm) (Phillips J), Magdeev v Tsvetkov [2019] EWHC 1557 (Comm) (Picken J) and Kazakhstan Kagazy Plc v Zhunus (non-party costs application) (Jacobs J). He also worked with Popplewell J and the Witness Evidence Working Group on a report regarding the use of factual witness evidence in the Business and Property Courts.

Before coming to the Bar, Krishnaprasad taught and researched the law of restitution at Oxford. His work on the subject was recently cited with approval by the Court of Appeal in Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 (Leggatt LJ).

Krishnaprasad is qualified to practice in India and is able to advice on commercial disputes involving Indian law. 

EXAMPLES OF RECENT CASES

  • Arbitration

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    • London Court of International Arbitration
      Assisted Hannah Brown QC in a US$10 million arbitration arising out of an English law SPA to purchase a substantial café chain in Russia.
    • Assisted (during pupillage) Steven Elliott QC in defending an arbitration claim for unpaid sums under an agency agreement based on illegality in the backdrop of the Lava Jato corruption investigations in Brazil.
    • Assisted (during pupillage) Steven Elliott QC in preparing for the LCIA arbitration of a dispute regarding the enforcement of option agreements relating to shares in a Russian smartphone company.
    • Swiss Chambers’ Arbitration Institution
      Advised (with Hannah Brown QC) on the potential arbitration of a dispute arising from a US$50 million development project in Russia involving issues of fraud, economic duress and frustration.
  • Banking and Financial Services

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    • Lloyds/HBOS Litigation
      Assisted (during pupillage) Sebastian Isaac in the six-month Chancery Division trial of the claims brought by over 6,000 shareholders of Lloyds in relation to its acquisition of HBOS.
    • Assisted (during pupillage) Rhodri Davies QC in advising on mis-selling and misrepresentation claims under European financial services regulations.
  • Civil Fraud

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    • Advised (unled) a construction company on its £100,000 claim against insurers who were seeking to avoid the policy on the basis of a fraud allegation.
    • Advising (with Hannah Brown QC) on the potential arbitration of a dispute (under Swiss Chambers’ Arbitration Institution Rules) arising from a US$50 million development project in Russia involving issues of fraud, economic duress and frustration.
    • Bilta (UK) Ltd v RBS plc
      Assisted (during pupillage) Steven Elliott QC in defending a claim for dishonest assistance arising out of carbon emissions allowance trading alleged to have been conducted pursuant to a €100 million missing trader VAT fraud.
  • Commercial Litigation

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    • Advised (with Laurence Rabinowitz QC and Michael d’Arcy) on a US$400m claim arising in the context of a dispute regarding a security trustee’s right to indemnity.
    • Drafted (with Michael Fealy QC) the Defence to a £5 million claim arising from the termination of a Credit Broking and Outsourcing Operations Service Agreement by a financial institution and its credit broker.
    • Assisted David Wolfson QC in advising an Irish bank on claims arising in the context of a £29 million facility agreement involving allegations of econonic duress and breach of the Conduct of Business Sourcebook rules.
    • Advised (with Laurence Emmett) a Caribbean national bank on claims arising in the context of a promissory note issued to secure a loan worth around £50 million including against a Caribbean government and central bank.
    • Advised (unled) on a US$500,000 claim arising from a dispute between a Chinese manufacturer and an English wholesaler raising issues of contract and restitution.
    • Minera Las Bambas SA v Glencore Queensland Ltd [2018] EWHC 1658 (Comm)
      Assisted (during pupillage) Conall Patton in the five-day Commercial Court trial of a tax indemnity claim under an SPA for the sale of a Peruvian mining company.
    • The Libyan Investment Authority v Giahmi [2017] EWHC 2972 (Comm)
      Assisted (during pupillage) Neil Kitchener QC with legal research regarding a receiver’s power to apply to the Court for permission to use documents disclosed in the action for a collateral purpose.
    • F45 Training Pty v Leo Star Limited
      Assisted (during pupillage) Sebastian Isaac on defending claims for the alleged breach of non-compete restrictions and misuse of confidential information by a London gym franchise.
    • Assisted (during pupillage) Nicholas Sloboda with legal research on the validity of a notice of dishonour given by the holder of a bill of exchange under the Bills of Exchange Act 1882.
  • Competition

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    • Assisted (during pupillage) Conall Patton in advising on a €19 million claim for damages for breach of the European Regulation on Wholesale Energy Market Integrity and Transparency.
  • Employment

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    • Acted (unled) for Ocado in successfully resisting an unfair dismissal claim alleging procedural irregularity in the termination of employment, disparate treatment and sex discrimination.
  • Jurisdiction and Conflict of Laws

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    • Assisted (during pupillage) Conall Patton in advising on jurisdiction and conflict of laws issues in the context of a €19 million claim for damages for the breach of the European Regulation on Wholesale Energy Market Integrity and Transparency.
    • Assisted (during pupillage) Sebastian Isaac with a summary judgment application on the basis of a foreign limitation statute in the context of a dispute arising from a Russian bankruptcy auction.
  • Professional Liability

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    • Settled (with Sebastian Isaac) the particulars of claim for two related actions against a City solicitors’ firm for negligence and breach of retainer.
  • Restitution

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    • Advised (unled) on a US$500,000 claim for the value of goods supplied by a Chinese manufacturer to an English wholesaler raising, among other issues, the possibility of a restitution claim based on free acceptance.
    • Assisted (during pupillage) Michael Watkins with legal research for an advice on the circumstances in which a beneficiary under a trust may seek restitution against a third-party recipient of misapplied trust property.
  • Recent Advocacy Appearances

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    • Krishnaprasad has appeared as sole counsel in the High Court, the Employment Tribunal and in various County Courts. He recently acted for the successful claimant in the fast-track trial of a substantial personal injury claim against a London bus company and for the Ocado group in successfully resisting an unfair dismissal claim in the Employment Tribunal.

Education

  • University of Oxford (Exeter College)
    Doctor of Philosophy Candidate in Law [2014-present]
    Master of Philosophy in Law (Distinction) [2013-14]
    Bachelor of Civil Law (Distinction) (Conflict of Laws, Restitution of Unjust Enrichment, Commercial Remedies, International Law and Armed Conflicts) [2012-13]
  • National Law School of India University, Bangalore, India
    BA, LLB (Hons) (first in year, thirteen University prizes) [2007-2012]
  • The Hague Academy of International Law
    Summer course on Private International Law. Directed Studies with Professor Brigitta Lurger (University of Graz, Austria) [2014]

Academic Achievments

  • Clarendon Scholarship [2012-13]
  • Bodh Raj Scholarship, Exeter College, University of Oxford [2012-2013]
  • Mrs Ambriti Salve Scholarship, Exeter College, University of Oxford [2012-2017]
  • Thirteen University Prizes from the National Law School of India University, Bangalore including 9 subject prizes.
  • Semi-finalist, Best Defence Representative and Best Memorial Awards, International Criminal Court Moot, The Hague [2011]
  • Best Speaker, Philip C Jessup International Law Moot (South India Rounds) [2011]
  • Best Oralist at the Bar Council of India Moot [2011]

Previous Experience

  • Called to the Bar in India [2013]
  • Graduate Teaching Assistant, University of Oxford (offered Restitution tutorials for BCL Candidates) [2014-2017]
  • General Editor, Oxford University Commonwealth Law Journal [2015-2016]

Selected Publications

  • ‘Unjust Enrichment in the “Fairchild Enclave”: International Energy Group Ltd v Zurich Insurance plc’ (2017) 80 Modern Law Review 1150 (cited with approval by the Court of Appeal in Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718). 
  • ‘Fraud, Misrepresentation and Mistake in Indian Contract Law’ in Chen-Wishart, Voganeur and Sono (eds), Studies in the Contract Laws of Asia (OUP, forthcoming).
  • ‘Pepper v Hart: Its Continuing Implications in the United Kingdom and in India’ (2011) 32 Statute Law Review 227.