Matthew Hoyle
Barrister
Call 2019
Matthew has a broad commercial practice across Chambers' profile, including banking and finance, commercial litigation, civil fraud, energy and natural resources and restitution. He has acted on a number of high-profile cases, including four of The Lawyer’s “Top 20 Cases”.
Matthew’s work covers all of Chambers' core practice areas. Examples of Matthew’s notable recent instructions include:
- SKAT v Solo Capital Partners & Others, acting for the Danish Tax and Customs Administration in its 12bn krone fraud claim. One of The Lawyer’s “Top 20 Cases for 2021” and "Top Cases for 2024", it has been described by Foxton J as “one of the largest pieces of litigation, perhaps the largest, ever to be commenced in the Commercial Court”.
- ENRC v Dechert & Neil Gerrard; ENRC v Director of the SFO [2022] EWHC 1138 (Comm), acting for the claimant company in its successful claims for breach of professional duties and inducing breach of contract. Another of The Lawyer’s “Top 20 Cases for 2021” and nominated for Global Investigation Review’s Most Important Court Case of the Year award.
- Deutsche Bank v Sebastian Holdings Inc and Alexander Vik [2022] EWHC 1599 (Comm); [2022] EWHC 2057 (Comm), acting for Deutsche Bank in its unprecedented (and successful) application to commit a former director of the defendant company for civil contempt for failure to provide accurate information about its assets as part of a decade long effort to enforce a $250m judgment debt.
- Bank of America Europe v Cittá Metropolitana di Milano and Banca Intesa and Dexia Crediop v Comune di Venezia [2023] EWCA Civ 1482, both part of the long running Italian swaps litigation.
- Pipia v BGEO, also one of The Lawyer’s “Top 20 Cases for 2021”
In addition to working as part of a counsel team in the High Court, Court of Appeal and UK Supreme Court, Matthew has also appeared unled in the High Court (including the Commercial Court) as well the County Court and Magistrates' Court. He also advises as sole counsel on a full range of commercial contexts, from tourism to pop music and corporate insolvencies to consumer contracts.
Matthew has a particular interest in cases involving commercial trusts, fiduciary duties, the conflict of laws and restitution, having previously taught and published in these areas. Between 2020 and 2022 he taught at the University of Oxford on the BCL Restitution of Unjust Enrichment course.
-
Examples of Recent Cases
-
Agency
- Advising a high-profile individual on a number of matters arising from their agency contracts.
- Pipia v BGEO [2021] EWHC 86 (Comm)
Acted for the claimant in obtaining an order for disclosure of documents held by the former CEO and agent of the defendant (led by Camilla Bingham QC) - Yukos v GE Law [2020] EWHC 173 (Comm)
Assisted (during pupillage) Jamie Goldsmith QC and Stephen Donnelly, acting for the claimant in the trial of a complex fraud action, involving claims of breach of fiduciary duty and matters of agency, corporate personality and implied trusts.
-
Banking & Finance
- Bank of America Europe v Cittá di Metropolitana Milano; Merrill Lynch International v Cittá Metropolitana di Milano
Acting for the claimant in its action for declarations of non-liability arising from swaps transactions entered into with an Italian local authority under an ISDA Master Agreement (led by Richard Handyside KC and Adam Sher of Fountain Court Chambers). - Banca Intesa Sanpaolo and Dexia Crediop v Comune di Venezia [2023] EWCA Civ 1482
Acting for the appellants in their successful appeal against the decision of Foxton J ([2022] EWHC 2586 (Comm)) finding certain interest rate swap transactions entered into with the respondent were void for lack of capacity (led by Sonia Tolaney KC and Michael Watkins). - Kwok v UBS AG
Acting for the claimant in an action against a major investment bank arising from the exercise of its security rights during a margin call (led by Sa’ad Hossain KC and Sebastian Isaac KC). - Pipia v BGEO
Acting for a Georgian businessman in Commercial Court proceedings against the English branch of a Georgian financial institution (led by Camilla Bingham KC).
- Bank of America Europe v Cittá di Metropolitana Milano; Merrill Lynch International v Cittá Metropolitana di Milano
-
Civil Fraud
- SKAT v Solo Capital Partners
Acting for the Danish Tax and Customs Authority in its l multi-billion-krone fraud and restitution actions against over 40 defendants arising from so called “cum-ex” schemes (led by Laurie Rabinowitz KC, Charles Graham KC and Jamie Goldsmith KC). - ENRC v Dechert; ENRC v Director of the Serious Fraud Office [2022] EWHC 1138 (Comm)
Acting for the Claimant in two high profile claims including allegations of deliberate breach of fiduciary duty, inducing breach of duty and misfeasance in public office (led by Anna Boase KC, Claire Montgomery KC of Matrix Chambers and Nathan Pillow KC of Essex Court Chambers) - Pipia v BGEO
Acted for a Georgian businessman in Commercial Court proceedings against the English branch of a Georgian financial institution (led by Camilla Bingham KC). - Yukos v GE Law [2020] EWHC 173 (Comm)
Assisted (during pupillage) Jamie Goldsmith KC and Stephen Donnelly (of Essex Court Chambers) acting for the claimant in the trial of a complex fraud action, involving claims of breach of fiduciary duty and matters of agency, corporate personality and implied trusts.
- SKAT v Solo Capital Partners
-
Commercial Litigation
- Various Students v UCL
Acting for a large number (c.3000) students seeking to recover damages in respect of interruptions to their university tuition arising from strike action and the Covid-19 lockdowns (led by Anna Boase KC and Patricia Burns). - Cardiorentis v IQVIA [2022] EWHC 250 (Comm)
Advised on issues relating to so called “wasted expenditure” damages. - ENRC v Dechert; ENRC v Director of the Serious Fraud Office [2022] EWHC 1138 (Comm)
Acting for the Claimant in two high profile claims for professional negligence, breach of fiduciary duty, inducing breach of duty and misfeasance in public office (led by Anna Boase KC, Claire Montgomery KC of Matrix Chambers and Nathan Pillow KC of Essex Court Chambers) - Purple Eye Limited (t/a PaySII) v Probitas Fidelis Limited
Acted (unled) in the King’s Bench Division for the successful claimant in its action to recover bank payments misappropriated in the SWIFT global payment system. - Lush Handmade Cosmetics and Lush Licensing v Lush Limited
Acted for the claimants in a multimillion-pound dispute relating to alleged breaches of an international licencing agreement (led by Neil Kitchener KC and David Caplan). - Travelport v WEX
Assisted (during pupillage) Laurie Rabinowitz KC, Richard Hill KC, Sa’ad Hossain KC and Sebastian Isaac acting for the sellers of a travel payments service provider in a claim for alleged default on the SPA by the buyers, including issues of an alleged material adverse event arising out of the Covid-19 pandemic. - Minera Las Bambas v Glencore
Assisted (both during pupillage and as junior) Jamie Goldsmith KC and Alyssa Stansbury acting for the defendant in a multimillion-pound indemnity claim by the purchaser of a mining complex in South America.
- Various Students v UCL
-
Company
- Confidential matters
Acting for the claimant in several actions against misfeasant directors of insolvent companies. - Re HPWR Limited; Rawlins v Watling
Acted (unled) in the Chancery Division for the petitioner in an unfair prejudice action seeking to restrain the conduct of a co-owner and director. - Confidential matter
Advised on issues arising out of an application to rectify the company charges register.
- Confidential matters
-
Contempt Proceedings
- Deutsche Bank AG v Alexander Vik [2022] EWHC 1599 (Comm); [2022] EWHC 2057 (Comm)
Acted for the applicant bank in obtaining a 20-month suspended committal order against the former director of a judgment debtor for failure to have complied with an order to provide information and documents under CPR Part 71 (led by Sonia Tolaney KC and James MacDonald KC).
- Deutsche Bank AG v Alexander Vik [2022] EWHC 1599 (Comm); [2022] EWHC 2057 (Comm)
-
Equity and Trusts
- De Bourbon de Deux Siciles v BNP Paribas Jersey Trust Bank (sub nom. Crociani v Crociani)
Acting for the defendant bank in an appeal to the Privy Council in the long running Crociani trust litigation (led by Laurie Rabinowitz KC and Steven Elliot KC). - Confidential matter
Advised the liquidators of a construction company as to “Quistclose” and constructive trust claims made against it in respect of overpaid VAT.
- De Bourbon de Deux Siciles v BNP Paribas Jersey Trust Bank (sub nom. Crociani v Crociani)
-
Energy and Natural Resources
- Minera Las Bambas v Glencore
Assisted (both during pupillage and as junior) Jamie Goldsmith KC and Alyssa Stansbury acting for the defendants in a multimillion-pound indemnity claim by the purchaser of a mining complex in South America.
- Minera Las Bambas v Glencore
-
Financial Services
- Fortuna Wealth Management v Financial Conduct Authority (FS/2020/001)
Assisted (during pupillage) Eleanor Campbell in the Upper Tribunal for the FCA opposing an application to restrain publication of the removal of the defendant company’s regulatory permissions and to suspend the FCA’s Decision pending the hearing of the applicant’s challenge in the Upper Tribunal.
- Fortuna Wealth Management v Financial Conduct Authority (FS/2020/001)
-
Injunctions and Interim Applications
- Bank of America Europe v Cittá di Milano; Merrill Lynch International v Cittá Metropolitana di Milano [2022] EWHC 1544 (Comm)
Successfully acting for the Claimants in their application to lift the automatic stays imposed under CPR r15.11(1) (led by Richard Handyside KC and Adam Sher of Fountain Court Chambers). - Merrill Lynch International v Città Metropolitano Di Milano [2023] EWHC 1015 (Comm)
Appeared (unled) for the respondents in an application for pre-jurisdiction disclosure, which included consideration of the novel issue of whether the Commercial Court retained a general disclosure jurisdiction under the PD57AD disclosure regime. - Asheshov and others v JAR Wave
Acted for the claimants in their successful applications for freezing injunctions in respect of their claims to recover the proceeds of their investments in an artificial surf facility (led by Andrew McLeod). - Bower v Bower
Acted (unled) for the defendants in an action for an injunction to restore the claimant to possession of a property. The hearing involved what is believed to be a novel point considering the availability of an interim injunction to enforce a claim for proprietary rights via proprietary estoppel, which the court accepted could not be granted. - Re HPWR Limited; Rawlins v Watling
Acted (unled) in the Chancery Division in an application for an interim injunction to restrain the conduct of a co-owner and director alleged to constitute unfair prejudice. - Pipia v BGEO [2021] EWHC 86 (Comm)
Acted (successfully) for the claimant in obtaining an order for disclosure of the mobile phone of the defendant’s former director (led by Camila Bingham KC and Amy Rogers of 11KBW) - Travelport v WEX [2020] EWHC 1960 (Comm)
Assisted (during pupillage) Laurie Rabinowitz KC, Sa’ad Hossain KC and Sebastian Isaac acting for the sellers of a travel payments service provider in applications for expedition of its claim for specific performance of the SPA and later for trial of a number of preliminary issues. - Minera Las Bambas v Glencore [2020] EWHC 108 (Comm)
Assisted (during pupillage) Jamie Goldsmith KC and Alyssa Stansbury in successfully obtaining a case management stay of the Claimant’s claim for an indemnity under an SPA.
- Bank of America Europe v Cittá di Milano; Merrill Lynch International v Cittá Metropolitana di Milano [2022] EWHC 1544 (Comm)
-
Jurisdiction and Conflict of Laws
- Merrill Lynch International v Cittá Metropolitana di Milano
Acting for the claimant bank in opposing a jurisdiction challenge brought by the defendant Italian local authority (led by Richard Handyside KC of Fountain Court Chambers). - Banca Intesa Sanpaolo and Dexia Crediop SA v Comune di Venezia [2023] EWCA Civ 1482
Acting for the appellants in their appeal against the decision of Foxton J ([2022] EWHC 2586 (Comm)) that (i) Italian law rules relating to swap transactions amounted to restrictions on the respondent’s capacity to enter into certain interest rate swap transactions; and (ii) that the respondent’s restitutionary claims were governed by English law (led by Sonia Tolaney KC and Michael Watkins). - SKAT v Solo Capital Partners
Acting for the Danish Tax and Customs Authority in respect of the English element of its multi-jurisdictional litigation over so called “cum-ex” schemes raising issues covering all aspects of English private international law (led by Laurie Rabinowitz KC, Charles Graham KC and Jamie Goldsmith KC). - Kwok v UBS [2023] EWCA Civ 222; [2023] 1 WLR 1984
Acting for the Second Claimant against a major investment bank in its challenge to the jurisdiction of the English courts to hear claims relating to allegations of negligence and misrepresentation. The Claimants succeeded on all grounds in the Commercial Court ([2022] EWHC 245 (Comm); [2022] 2 All ER (Comm) 448), and before the Court of Appeal (led by Sa’ad Hossain KC). - LCIA Arbitration
Acting for the respondent in claims involving the doctrine of illegality under foreign law (led by Neil Kitchener KC, Max Schlote and Simon Gilson). - Pipia v BGEO
Acted for a Georgian businessman in Commercial Court proceedings against the English branch of a Georgian financial institution in claims governed by the laws of Georgia (led by Camilla Bingham KC). - LCIA Arbitration
Assisted (during pupillage) Eleanor Campbell in arbitration proceedings involving issues of illegality under foreign law.
- Merrill Lynch International v Cittá Metropolitana di Milano
-
Restitution
- SKAT v Solo Capital Partners
Acting for the Danish Tax and Customs Authority in its multi-billion-krone fraud and restitution actions against nearly 100 defendants arising from so called “cum-ex” schemes (led by Laurie Rabinowitz KC and Jamie Goldsmith KC). - Banca Intesa Sanpaolo and Dexia Crediop SA v Comune di Venezia [2023] EWCA Civ 1482
Acting for the appellants in their appeal against Foxton J’s decision ([2022] EWHC 2586 (Comm)) finding that the defendant’s counterclaim for restitution was not time barred and further in resisting the respondent’s appeal against the judge’s finding that a defendant bank may raise a change of position in respect of hedging transactions (led by Sonia Tolaney KC and Michael Watkins). - Confidential Matter
Advised (as sole counsel) the liquidators of a construction company as to personal and proprietary claims made against it in respect of overpaid VAT. - FII Group Litigation
Advised on restitutionary remedies in the most recent FII Group Litigation appeal to the Supreme Court [2021] UKSC 31; [2021] 1 WLR 4354. - Confidential Matter
Assisted (during pupillage) Laurie Rabinowitz KC in advising a public body on the merits of appealing a restitutionary award made against it. - LCIA Arbitration
Assisted (during pupillage) Eleanor Campbell in arbitration proceedings involving a claim for recovery of loan monies paid under an allegedly unenforceable agreement.
- SKAT v Solo Capital Partners
-
Taxation
- DCM (Optical) Holdings v HMRC [2022] UKSC 26; [2022] 1 WLR 4815
Acted for the appellant taxpayer in the Supreme Court in relation to the powers available to the Revenue under the Value Added Tax Act 1994 and the time limits imposed on those powers. - FII Group Litigation
Advised on restitutionary remedies in the most recent FII Group Litigation appeal to the Supreme Court: [2021] UKSC 31; [2021] 1 WLR 4354.
- DCM (Optical) Holdings v HMRC [2022] UKSC 26; [2022] 1 WLR 4815
-
-
Education
- BPP Law School, Bar Professional Training Course [2018-2019]
- University of Oxford, Bachelor of Civil Law (Distinction) [2017-2018]
- University of Oxford, BA Jurisprudence (First) [2014-2017]
-
Academic Achievements
- Eldon Law Scholarship (co-recipient) [2019]
- Sir Roy Goode Prize for the BCL examinations, St John's College [2018]
- Oxford Law Faculty Prize for Commercial Remedies [2018]
- Lord Denning Scholarship, Lincolns Inn [2018]
- Excellence Award, BPP Law School [2018]
- Shearman and Sterling Oxford University Moot (Winner) [2018]
- Pump Court Tax Chambers BCL Scholarship [2017]
- St John’s College Prizes for examinations [2016 - [2018]
- St John’s College Casberd Scholarship [2015]
-
Published Work
- Getting a rough deal: Secretary of State for Health v Servier Laboratories Ltd (2022) 38 PN 43
- Don’t mention it: the increasing scope of documents obtainable under CPR r31.14: Scipharm Sarl v Moorfields Eye Hospital NHS Trust (2022) 41 CJQ 1.
- Splitting the difference: Surrey CC v NHS Lincolnshire Clinical Commissioning Group and contribution between public bodies (2021) 137 LQR 537
- Failures for Consideration: Re-Analysing Jurisdiction in Unjust Enrichment Claims (2020) 83 MLR 1008
- ‘Where there is discord, may we bring harmony’: AIB (UK) v Mark Redler (Solicitors) and the Perils Facing Equity (2016) 4 OUULJ 22
-
Previous Employment
- Tutor, Restitution of Unjust Enrichment, University of Oxford [October 2020 – June 2022]
- Non-stipendiary Lecturer, Tort Law, Christ Church Oxford [April – July 2019]
- Research Assistant to Professor Simon Whittaker, St John’s College [January – March 2019]
- Tutor, Trusts, St Catherine’s College [September 2018 – July 2019]
- Guest Teacher in Law, Property II, London School of Economics [September 2018 – May 2019]