Michael Fealy KC

Recommended by Legal 500, Michael Fealy is a '"strong advocate", singled out for his "excellent advice"'.  He has substantial experience in international commercial arbitration dealing with a range of disputes and governed by a variety of rules. He also has experience of expert determination in the electricity industry and rail industry, and in acting in KNG gas price reviews for both purchaser and seller.

 'Michael Fealy has a "real strength of conviction, which he supports with wonderfully considered legal argument"'.   (LegaL 500)

His recent work includes:

• ICC Proceedings
  Lead Counsel in Swiss arbitration proceedings concerning private jets.
• ICC Proceedings
  Acting with US lawyers for contractor in dispute concerning interpretation and rectification of a contract.
• LCIA Proceedings
  For purchasers and sellers in price reviews for LNG sale contracts.  Michael has acted as sole counsel in a number of matters in this specialist area.
• Ad hoc Arbitration under Bahamian Law
  Acted for lender hedge fund in a claim to enforce a loan agreement secured over shares. The claim raised issues about the enforceability of security given over uncertificated securities.
• ICC Arbitration
  For a Liquid Natural Gas (LNG) seller, in a Price Review dispute concerning long-term and very significant value LNG sale and supply contracts each entered into between the buyer and seller.
• Ad hoc Expert Determination
  Acting for the claimant in a claim for damages against a multi-national mining company. The case concerned allegations of abuse by the defendant of mining rights in Africa.
• LCIA Arbitartion Proceedings
  For the claimant, against a rig owner in a dispute arising out of a drilling campaign. The claim involved applications for security in many jurisdictions and Michael has advised leading US counsel on the interface between those applications and London arbitration.

Recommended by both Chambers UK (Commercial Dispute Resolution and Energy & Natural Resources) and the Legal 500 (Energy and International Arbitration), Michael Fealy has a busy and diverse commercial practice dealing with all the major issues of the day in commercial law. This includes (but is not limited to) disputes arising out of share sale and purchase agreements, cases involving issues of a technical nature, environmental issues, trademark licensing disputes, warranty disputes and issues concerning agency agreements.

"A commanding advocate who has real presence in court." "Michael is extremely diligent and approachable, and he applies first-class legal analysis to a case." (Chambers UK 2020 - Commercial Dispute Resolution)

• Sogexia v R Raphaels [2020]
  Acted for bank in voluntary winding up dispute with payment card operator.
• Stobart Group v Andrew Tinkler [2019] EWCA Civ 1376 (CA)
  Acted for the defendant in successful strike out application for breach of directors’ duties in high profile boardroom dispute.
• Persimmon Homes Ltd v Hillier [2018] EWHC 221 (Ch) and [2019] EWCA CIV 800 (CA)
  Acted for the claimant in Chancery Division trial of claim for rectification of a contract for the sale of development land. Successfully defended Judgment in the Court of Appeal.
• eServ v CM Pak
  Obtained an anti-suit injunction in dispute concerning supply of IT services in Pakistan.
• Teoco v Aircom Jersey [2018] EWCA Civ 23
  Acted for the successful party in appeal concerning notification requirements for breach of warranty claim under a share sale agreement.
• George Scarr-Hall Ltd v ISIS
  Acted for the defendant in complex and hard-fought breach of warranty claim. The case involved the interaction between court proceedings and an expert determination clause in the contract. Appeared before Vos C to contend successfully that parties should be required to operate the expert determination procedure [2017] EWHC 689 (Ch).
• First Oil v ENGIE
  Acted for the defendant in proceedings concerning security for the costs of decommissioning an oil production platform in the North Sea.
• Ipsos -v- Aegis
  Acted for the defendant in a £200 million claim for damages for fraud and breach of warranty following a share purchase. Michael has appeared in applications striking out large parts of the claim [2015] EWHC 117 (Comm) and [2015] EWHC 1726 (Comm).
• BTI v PwC
  For the claimant, in a professional negligence claim against its former auditors, PwC. The claim concerned proper accounting treatment of liabilities under US environmental law to clean up rivers polluted by paper mills formerly owned by the claimant.
• Re: Coroin [2012] EWHC 2343; [2014] B.C.C. 14; [2014] EWHC 3859 (Ch)
  Acted for the respondent in 30-day trial concerning control of major London hotels.
• Swallowfalls Limited -v- Monaco Yachting & Technologies S.A.M. & Anr [2014] 2 Lloyd's Rep. 50; [2014] EWCA Civ 186
• Merchant International v. Naftogaz [2011] 2 All ER (Comm) 755 and [2012] 2 All ER (Comm) 1 (CA)
  For the defendant resisting enforcement of foreign judgment.
• Michael Wilson & Partners v. Sinclair [2012] EWHC (Comm) 2560 & [2013] 1 All ER (comm) 476
  For Sinclair, as leading counsel, in multi-jurisdictional claim concerning ownership of an oil field in Kazakhstan. Successfully argued to extend the abuse of process doctrine to apply to a collateral challenge to an arbitration award.
• Parkingeye Ltd v. Somerfield Stores Ltd (Merc); CA [2013] QB 840
  For Somerfield, as sole counsel, in 3-week Mercantile trial and appeal defending claim for damages for breach of parking management contract involving issues of illegality.
• RTS Flexible Systems Ltd v. Molkerei Alois Muller GmbH & Co  [2010] 1 WLR 753
  For Muller, in a dispute concerning fitness for purpose of a plant. First contract case in the Supreme Court involving the restating of principles for contract formation.

Michael has particular experience in striking out claims for breach of warranty under a share purchase agreement. In particular, striking out claims due to failure by the purchaser to comply with the notification requirements in the contract.

• Laminates Acquisition Co v. BTR Australia Ltd [2004] 1 All ER (Comm) 73
  For BTR, in the trial of a preliminary issue where the claimant was precluded by its failure to give notice in the specified form from bringing a claim in respect of the defendant's alleged breach of the antitrust warranty in a share sale agreement.
• Ipsos v Dentsu [2015] EWHC 1171
  Struck out a claim for breach of employment law in Brazil.
• Teoco v Aircom [2018] EWCA Civ 23, [2018] BCC 339
  Struck out a claim for tax liabilities in Brazil.
• Stobart Group v Andrew Tinkler [2019] EWCA Civ 1376 (CA)
  Struck out a claim under an indemnity for taxes.

Michael Fealy has substantial expertise in this sector. He advises and acts for claimants and defendants in fraud and asset tracing claims and also has wide experience of freezing orders. He is currently contributing author for: Smith & Monkcom’s “Law of Betting, Gambling & Lotteries”, dealing with issues arising in the Proceeds of Crime Act 2002.

• SKAT v Solo Capital Partners (2018 - 2022) 
  Acting for Danish tax office in multi-jurisdictional £1.5 billion fraud claim.  Obtained freezing order in that sum. Numerous interlocutory hearings and applications. Trial and appeal on Revenue Rule.
• Ipsos v Aegis [2015] EWHC 117 (Comm) [2015] EWHC 1726 (Comm)
  Acted for the defendants in a £200 million claim for damages for fraud and breach of warranty following a share purchase. Michael has appeared in applications striking out large parts of the claim.

Michael's expertise in this sector covers litigation, arbitration and expert determination / adjudications, together with a substantial advisory practice.  His work includes associated competition, EU law and environmental issues and a detailed understanding of industry regulation.  He also regularly advises international and domestic owners and operators in the oil and gas sector, (including financing parties and administrators) on the full range of industry specific contractual and commercial issues. 


"A standout lawyer – incisive with a great courtroom manner." (Legal 500 2019-2020 - Energy)

• LNG Price review-ICC arbitration
  Acted for the producer of LNG in price review under a long-term supply contract.  Case involved complex issues of economics and was worth in excess of a billion dollars.
• First Oil v ENGIE 
  Acted for the defendant in proceedings concerning security for the costs of decommissioning an oil production platform in the North Sea.
• CIECO v Dana Gas 
  Acted for the defendant in dispute under JV agreement as to whether an addition exploration well should be drilled.  Claimant sought an injunction at short notice to prevent the drilling.
• Apache Beryl v Marathon Oil 
  Acted for defendant in dispute under JV agreement as to whether the operator of a gas processing plant ought to be permitted to transfer its interest to a third party investor.

Michael Fealy has particular expertise in corporate insolvency law.  For over 10 year he has lectured on the area on the University of London LLM course at UCL.

• In the Matter of Railtrack Plc
  Advised, in relation to the effect on the subsidiary Group of the administration.
• In the Matter of TXU (In Admin)
  Advised on issues of disclaimer.
• In the Matter of Enron (In Admin)
  Advised on dividends on inter-company claims.
• Acted for a company director in claim for misfeasance and wrongful trading.
• Advised in relation to the winding up of a US based insurer.
• Advised on effect of a disclaimer by a liquidator of an electricity purchase agreement.
• Advised insolvent insurance company as to effect of 'cut-through' agreement between re-insurer and insured.

Michael has advised and acted in a number of jurisdiction challenges.  He has considerable experience of dealing with issues of foreign law. 

• SKAT v Solo Capital Partners 
  Claim against defendants located in multiple jurisdictions involving complex issues of jurisdiction and governing law.
• Canyon Offshore Limited v GDF Suez E&P Nederland BV [2014] EWHC 3810 (Comm)
• Misland (Cyprus) Investments Limited, Ellerman Corporation Limited, B Overseas Limited v Patrick McKillen, Coroin Limited [2014] EWHC 3859 (Ch)

Michael has acted in many injunction applications, and is accustomed to accepting instructions at short notice and working under the pressure of an imminent hearing.

In 2018 he obtained a freezing order for £1.5 billion in SKAT v Solo Capital Partners against multiple defendants in many jurisdictions. He also acted in numerous interim applications arising as a consequence. 

In 2017, he obtained an anti-suit injunction to prevent litigation in Pakistan in circumstances where parties had agreed to a non-exclusive jurisdiction clause in favour of the English courts.