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Practice Summary

Michael d’Arcy’s practice encompasses a broad range of commercial litigation and arbitration, and other dispute resolution and advisory work.  Michael has appeared in the Court of Appeal, High Court and County Court and has acted for or advised a variety of clients, including companies, individuals and public bodies, both as sole counsel and as part of a counsel team. Areas of interest and expertise include banking and finance (including financial derivative transactions, mis-selling and structured finance), joint ventures, shareholder disputes, regulatory matters, energy and technology. His scientific background equips him particularly well to deal with issues of a technical or complex nature.

Michael is recommended in Legal 500 2019 (Banking & Finance) "He provides forensic analysis, clear advice and excellent drafting."

Legal 500 2019 (Commercial Litigation) "An extraordinarily talented barrister."

Legal 500 2018 (Banking & Finance) ‘Has the kind of brain that can navigate complex financial instruments with ease',

Legal 500 2018 (Commercial Litigation) "An excellent academic lawyer and a very clear communicator with unusually good client skills."

Legal 500 2017 (Banking & Finance) “He has a very good brain and is extremely hardworking.”

Legal 500 2017 (Commercial Litigation) “Frighteningly clever, really hardworking and genuinely a lovely person”. 

Recent cases include;

Taberna Europe CDO II plc v. Selskabet (formerly Roskilde Bank A/S) (in bankruptcy) [2015] EWHC 871 (Comm)
Acted for the claimant investment fund in its successful misrepresentation claim against a bankrupt Danish Bank arising from the purchase in 2008 of €27 million of notes, which were subsequently found to be worthless (with Alain Choo-Choy QC).

MainFirst Austria GmbH (formerly Omicron Investment Management GmbH) v US Bank Trustees Ltd. and Carnuntum High Grade I Ltd. (judgment dated 14 March 2014)
Acted for Carnuntum in successfully contesting jurisdiction on the basis that the claimant’s proposed claim against Carnuntum had no real prospect of success. The dispute arose from the dismissal of the claimant as investment advisor for notes that had been issued by Carnuntum (with Daniel Toledano QC).

Cruz City 1 Mauritius Holdings v. Unitech Ltd. & Ors [2014] EWHC 1589 (Comm) & [2014] EWHC 3131 (Comm)
Acting for Unitech Limited and related companies, which are contesting enforcement of LCIA arbitral awards totalling $348 million arising from shareholders’ agreements, in a series of applications by the judgment creditor for a worldwide freezing order ([2014] EWHC 1589 (Comm)) and subsequently appointment of receivers by way of equitable execution ([2014] EWHC 3131 (Comm)) (with John Brisby QC and Alastair Tomson).

Nokia Corporation v. HTC Corporation
Acted for HTC in defending a claim for infringement of mobile communications patents and breach of licence. Issues included the construction of an English law licence and the effect of a French law agreement under the European Telecommunications Standards Institute (ETSI) (with David Wolfson QC).

Deutsche Bank AG & Ors v. Unitech Global Ltd. and Unitech Ltd. [2013] EWCA Civ 1372, [2013] EWHC 2793 (Comm) & [2016] EWCA Civ 119
Acting for the defendants in a $170 million loan claim by Deutsche Bank and other syndicate banks, and an associated $12 million swap claim by Deutsche Bank. Unitech’s application to amend its pleadings to incorporate the manipulation of LIBOR was refused by Cooke J on 28 February 2013 but the Court of Appeal unanimously allowed Unitech’s appeal on 8 November 2013 (with John Brisby QC and Alastair Tomson).

Irish Nationwide Building Society v. The Commissioners for Her Majesty’s Revenue and Customs
Acting for the former Irish Nationwide Building Society (now part of Irish Bank Resolution Corporation (in Special Liquidation)) in a claim for repayment of £30 million of corporation tax from HM Revenue and Customs (with Malcolm Gammie QC).

Patrick McKillen v. Misland (Cyprus) Investments Ltd. & Ors (Re Coroin) [2012] EWHC 2343 (Ch) & [2013] EWCA Civ 781
Acted for the Second Respondent, an Irish investor, in an expedited combined Companies Court s.994 unfair prejudice petition and Chancery Division claim. This substantial shareholders’ dispute related to the ownership of Coroin Limited, the holding company of the Maybourne Group of hotels (The Connaught, Claridge’s and The Berkeley). The Respondents were successful at first instance ([2012] EWHC 2343 (Ch)) and on appeal ([2013] EWCA Civ 781) (with Stephen Auld QC and Michael Fealy QC).