Orlando Gledhill KC

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Orlando Gledhill KC

Barrister

Call 1998 Silk 2017

Described as "absolutely brilliant, superb and very client-friendly" and as a "fantastic oral and written advocate" with "an amazing eye for detail". Orlando Gledhill has a broad commercial practice in litigation and arbitration. He has considerable specific expertise in banking and finance, energy and natural resources, commodities, pharmaceutical and IT.  

Within the energy industry, Orlando has a strong background in carbon emissions and carbon credits/offsets trading (e.g., Bilta, CF Partners, Deutsche Bank, Ineos) and also has experience of renewables. Orlando has substantial experience in large-scale litigation (e.g., Bugsby, Bilta, Red Kite and Libyan Investment Authority), but he is equally comfortable working on smaller cases. He also sits as an arbitrator.

Recommended by Legal 500 (Banking and Finance, Energy), Chambers UK (Commercial Dispute Resolution, Banking and Finance, Energy and Natural Resources), Chambers Global (UK, Dispute Resolution: Commercial; UK, Energy and Natural Resources), and Who’s Who Legal (Banking & Finance and Energy & Natural resources).

  • Examples of Recent Cases

    • Commercial Litigation

      "Very good - quick and bright."  "He is user-friendly, creative and practical." Chambers UK 2021

      Orlando Gledhill's general commercial litigation practice involves acting for large corporates (e.g., Google, Legal & General and NCR Corporation) as well as smaller companies, across a broad range of industries and disputes.

      Bugsby Property LLC v LGIM Commercial Ltd (2019-2022) (Comm) [2022] EWHC 2001 (Comm)

      For Defendants (members of Legal & General group) in £370 million trial of claim for breach of exclusivity agreement and breach of confidence in relation to the Claimant's failed attempt to acquire the Olympia London exhibition centre. Issues as to damages on the "loss of a chance" basis and impact of Brexit and Covid-19 on assessment of damages. Cross-examined 6 factual and expert witnesses over 3 weeks. Judgment for £15 million is now before the Court of Appeal.

       
      Education Software Solutions Ltd & Anr v Capita Managed IT Solutions Ltd (2023) (Ch)

      For Claimant providers of schools information management software used by substantially all state schools in Northern Ireland in claims for declarations that Capita’s licence to use the software has expired, for injunctions and for an inquiry as to damages. Obtained order for an expedited trial.

      Be In, Inc. v Google Inc,, YouTube LLC & Ors (2018 to 2019) (Comm)
      For Google and YouTube in US$100 million breach of confidence claim by developer of video entertainment sharing platform alleging misuse of confidential business ideas.

      Kiwix Ltd v Google Ireland Ltd (2018-2019) (Ch)
      For Google, defending claim for alleged wrongful termination of gaming website operator’s participation in Google’s AdSense program, which allows website publishers to earn revenue by displaying adverts alongside online content.

      Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors (2019- 2022) (Comm)
      For Defendant manufacturers of ATMs and point of sale systems, in fully-remote trial of £30 million claims by component suppliers arising out of the vertical integration of the Defendants' production.  Lengthy cross-examination of Claimants' senior management witnesses. 

      Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd [2019] Bus. L.R. 559; [2019] EWHC 233 (Comm)
      For Defendant, in breach of confidence claim between financial structuring boutiques in relation to insured financing for the acquisition of investments in collateralised loan obligations (CLOs). Interim injunction application raised issues as to the applicable test where freedom of expression issues were raised and the significance of contract provisions acknowledging that damages would not be an adequate remedy for breach.

      SDI Retail Services Ltd v The Rangers Football Club Ltd (2018) (Comm)
      For Claimant Sports Direct company, resisting third party’s application to stay/vary injunction against Rangers.

      Staffordshire County Council v Siemens Financial Services Ltd (2016 to 2018)
      For Defendant in unjust enrichment claim for restitution of payments under agreements for the lease of office IT equipment on the basis that the payments by a maintained school were ultra vires. Issues of limitation, change of position and counter-restitution.

      A.L. Challis Ltd v British Gas Trading Ltd [2015] EWHC 141 (Comm) [2016] EWHC 513 (Comm) [2017] EWCA Civ 1972 
      For British Gas at trial and on appeal of £8 million claims under contract for distribution of shower regulators intended partly to fulfil British Gas’s obligations under the CERT scheme. 

      EuroChem Volga-Kaliy LLC v IMR Management Services Ltd & Ors (2015) (Comm) 
      For 2 Respondents on pre-action disclosure application in US$1 billion claim re the construction of a mine shaft in Russia.  Part of complex litigation and arbitration proceedings in Netherlands, USA and Switzerland

      Rochester Resources & Ors v. Leonid L. Lebedev & Anr [2014] EWHC 2926 (Comm); [2014] EWHC 2185 (Comm)
      For Defendant former Russian businessman (with Lord Grabiner QC) in US$2 billion dispute with Viktor Vekselberg and Leonard Blavatnik re TNK-BP joint venture and its purchase in 2013 by Rosneft. Defended anti-suit injunction application brought by the Claimants to restrain proceedings brought by Mr Lebedev in New York and in application to redact Claimant’s evidence to remove reference to privileged documents (issues of applicable law and scope of without prejudice privilege as it applies to "opening shots").

      RPG Life Sciences Ltd v. Rivopharm SA (Comm)
      For Claimant Indian pharmaceutical manufacturer in dispute with Swiss buyer under supply agreement for the sale of a generic drug. Issues of alleged breach of GMP.

      GBST Holdings Ltd v. Smith Hamilton & Ors (Comm)
      For Defendants in breach of warranty dispute under share sale agreement.

      ITV Network Ltd & Ors v. STV Central Ltd & Ors (Comm)
      For STV (with Paul Stanley QC) in a substantial contractual dispute between members of the ITV and STV groups re contracts and arrangements by which ITV arranges the commissioning and acquisition of TV programmes for broadcast on the Channel 3 network and sells sponsorship of such programmes.

      Barden v. Commodities Research Unit International (Holdings) Ltd & Ors (Ch)
      For Defendants (with Ian Glick QC) in claim by former employee under long term incentive plan. Issues of common mistake and estoppel by convention.

      Crema v. Cenkos Securities Plc (Comm) [2010] EWHC 461 (Comm); [2010] All ER (D) 212 (Dec); [2011] 1 W.L.R. 2006; [2011] 4 Costs L.R. 552
      For Defendant securities firm at trial and on appeal of claims by sub-agent in corporate fundraising transaction. Dispute as to whether Cenkos was liable to pay its sub-agent on the fundraising regardless of non-payment by the client. Issues as to the proper approach to implying contract terms after A-G of Belize v Belize Telecom Ltd [2009] 1 WLR 1988 and the admissibility of expert evidence on issues of construction and to support an implied term.

      Resolution Chemicals Ltd v. Generics (UK) Ltd (Comm)
      For Defendant pharmaceutical manufacturer in a substantial dispute under a long-term exclusive supply agreement for the sale of a generic drug.

    • Banking and Financial Services

      "Absolutely brilliant, superb and very client-friendly.  He gets into the trenches." "He's direct, clear and doesn't sit on the fence." Chambers UK 2021

      Orlando Gledhill's practice encompasses all contentious aspects in the fields of retail and investment banking, fund management, finance and related insolvency and financial services regulation. His banking disputes experience includes alleged breaches of the so-called Quincecare duty, Forex market manipulation, LIBOR and PPI and negligent investment management. Orlando has particular expertise in breach of confidence claims in the banking and financial services context (e.g., Awbury, Red Kite and CF Partners). He has given expert evidence in foreign proceedings (Russia, Spain, Luxembourg) on aspects of English banking law.

      Bugsby Property LLC v (1) LGIM Commercial Lending Ltd and (2) Legal & General Assurance Society Ltd (Comm) [2022] EWHC 2001 (Comm)

      For Defendants loan arranger and lender (members of Legal & General group) in £370 million trial of claim for breach of exclusivity agreement and breach of confidence in relation to the Claimant’s failed attempt to acquire the Olympia exhibition centre. Raises issues as to the availability and cost of debt finance in 2017 to fund the acquisition and the availability and cost of subsequent refinancing in 2020 to fund a major commercial property development of 10 acres in central London. Also issues as to the Claimant’s ability to raise discretionary property investment funds and the future prospects of such funds. Extensive evidence from and cross-examination of experts in real estate finance and discretionary property investment fund management. Judgment for £15 million is now before the Court of Appeal.

      Bilta (UK) Ltd & Ors v (1) Natwest Markets plc and (2) Mercuria Energy Europe Trading Ltd [2018] Lloyd’s Rep. F.C. 202, [2020] EWHC 546 (Ch), [2021] EWCA Civ 680
      For Claimants in 6-week trial of dishonest assistance claims re carbon emissions allowance (EUA) trading that was part of a €billions missing trader VAT fraud. Cross-examined emissions trading and forensic accounting experts at trial. Appeared on application to challenge RBS’s claim to litigation privilege in witness interviews and other documents prepared as part of RBS’s investigation into the trading. 2021 Court of Appeal Judgment ordered a retrial for delay

      Kezen Trade Israel Ltd v Barclays Bank PLC (Comm)
      For Barclays in liquidators' claim re £8.5 million payment by Claimant's director.  Issues of the bank's Quincecare duty not to follow payment instructions when put "on inquiry" and of the director's authority under the account mandate.

      Red Kite Management Limited & Ors v Barclays Bank PLC
      For Barclays (with Laurence Rabinowitz QC and Adrian Beltrami QC), defending breach of confidence and LIBOR misrepresentation claims for over US$800 million in the context of London Metal Exchange copper trading.

      CONFIDENTIAL (2018-2019): Forex market manipulation
      Advice to an institution and to a trader in relation to alleged foreign exchange market manipulation.

      Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd [2019] Bus. L.R. 559; [2019] EWHC 233 (Comm)
      For Defendant in breach of confidence claim between financial structuring boutiques in relation to insured financing for the acquisition of investments in collateralised loan obligations (CLOs). Interim injunction application raised issues as to the applicable test and the significance of contract provisions acknowledging that damages would not be an adequate remedy for breach.

      Debussy DTC PLC & Ors v Solutus Advisors Ltd & Ors (2018) (Ch)
      For Defendant property companies in claims by commercial mortgage-backed securitisation noteholders. Disputes as to entitlement to replace the receiver of a property company and as to whether certain agreements involving mortgaged assets should be set aside under the fair-dealing rule.

      Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch)
      For Goldman Sachs (with Robert Miles QC and Rupert Allen) in US$1.2 billion claim by the Claimant sovereign wealth fund to set aside equity derivatives transactions for alleged undue influence and/or as unconscionable bargains.  Detailed consideration of the LIA’s relationship with the bank in 2007 to 2008 and expert evidence on pricing/profits and suitability. 7-week trial in 2016 led to Judgment for Goldman Sachs.  Appeal dismissed in 2017.

      ED&F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Anr (2017 to 2018)
      For Claimant in US$300 million fraud involving metals "repo" agreements and forged documents of title.

      RREEF European Value Added Fund I LP v Deutsche Alternative Asset Management (UK) Ltd (Comm) (2014 to 2016)
      For Claimant (with Daniel Toledano QC and Oliver Butler) in €160 million gross negligence claim for investors in European real estate fund against fund manager within Deutsche Bank group.

      CONFIDENTIAL: Commercial Court Proceedings (2015)
      For the bank in US$25 million fraudulent conspiracy claim by Austrian bank against 13 Russian Defendants involved in a corporate group in the steel industry.

      CF Partners (UK) Ltd v. (1) Barclays Bank Plc (2) Tricorona [2014] EWHC 3049 (Ch)
      For Claimant (with Tim Lord QC and Richard Eschwege) in 8-week breach of confidence trial re Barclays’ acquisition of Swedish carbon credit accumulator Tricorona. In-depth consideration of the bank’s internal information barriers and conflicts of interest procedures and the flow of confidential information within the bank about numerous actual or proposed M&A transactions. Cross-examined the carbon market experts and expert forensic accountants.

      BNP Paribas v. Varshavsky
      For the bank in debt recovery proceedings against Russian businessman.

      Stanhope Investments v. Golomt Bank LLC (Comm)
      For Defendant Mongolian bank in claim by Tier 2 capital provider. Issues of Mongolian banking law.

      Fortress Value Recovery Fund I LLC & Ors v. Blue Skye Special Opportunities Fund LP (A Firm) & 20 Ors [2012] EWHC 1486 (Comm)
      For Defendant investment fund managers (with Tim Lord QC and a large team of junior counsel) in €200 million Commercial Court claims by lender, security trustee and shareholder re restructuring of investment structure (freezing order, see [2012] EWHC 1486 (Comm) and substantive proceedings).  Claims (under English and Luxembourg law) included allegations of conspiracy to injure and to put assets beyond the reach of the claimants, misrepresentation, inducing breaches of contract and/or fiduciary duties and knowing receipt.

      Deutsche Bank v. Total Global Steel Ltd [2012] EWHC 1201 (Comm); [2012] Env. L.R D7
      For Claimant investment bank in trial of €6 million contractual dispute about the sale of carbon credits (CERs). Involved consideration of ISDA Master agreement, EU and UN legislation on emissions trading and valuation of CERs and AAUs.

      Britten & Ors v. Investec Bank PLC (Ch)
      For Investec (with Laurence Rabinowitz QC) defending a claim by client re discretionary investment portfolio managed by a Swiss group company and losses incurred during the global financial crisis and in connection with the Madoff fraud. Issues of alleged breaches of a duty of care at common law and of FSMA 2000 and FSA rules.

      PPI: Advice to FSA
      On investigation and enforcement action against the major UK high street banks re payment protection insurance mis-selling.

      Bank of Scotland v. Chappell & Anr. (Admiralty)
      Acted in claim by bank and its assignees on application to set aside summary judgment procured by undue influence and forgery.

      Credit Agricole Corporate and Investment Bank v. Algosaibi and Brothers Company and Ors
      Advised the bank (with David Wolfson QC) re enforcement action.

      Gulf International Bank BSC v. Ekttitab Holding Company KSCC & Anr [2010] EWHC 830 (Comm)
      For Claimant Bahraini bank, in proceedings against Kuwaiti counterparties under an Islamic revolving finance facility and guarantee. Appeared on application to set aside judgment in default and subsequently on application for summary judgment.

      Glitnir Banki HF v. Johannesson (Comm)
      Worldwide freezing order under s25 Civil Jurisdiction and Judgments Act 1982 (with Richard Gillis QC) obtained without notice and continued on contested return date in support of proceedings in Iceland re lending by Icelandic bank to vehicle connected to bank's major shareholders. Issues of Icelandic and New York law and potential conflicts between freezing order regimes in England, Iceland and New York.

      Crema v. Cenkos Securities Plc (Comm) [2010] EWHC 461 (Comm); [2010] All ER (D) 212 (Dec); [2011] 1 W.L.R. 2066; [2011] 4 Costs L.R. 552 
      For Defendant securities firm at trial and on appeal of claim by sub-agent in corporate fundraising transaction. Raised several points of industry practice as well as detailed issues as to the construction of FSA Rules (in particular COB and COBS) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ("RAO") and whether certain activities of an investment bank and stockbroker were "designated investment business" within the RAO.

      Re Whistlejacket Capital Ltd (In Receivership) [2008] B.C.C. 826
      For short noteholder, The Bank of New York, (with Thomas Ivory QC) in the Court of Appeal on points of construction on transaction documents governing a structured investment vehicle (SIV), including as to the effect of a "waterfall" priorities provision in a Security Trust Deed and the effect of a provision in an Indenture which accelerated the stated maturity dates of notes on insolvency.

      Coltrane CLO Plc 
      Advised the noteholders re the sale of the SIV's investment portfolio.

      Sigma Finance Corporation 
      Advice re the collapse of Sigma Finance Corporation (formerly the world's largest SIV).

      Major UK life insurance company 
      Advised (with Ian Glick QC) as to its obligations under financial services legislation in the context of a proposed restructuring.

      West LB AG v. Nomura International PLC and Nomura International PLC v. Granada Group Ltd & Ors [2007] 2 All ER (Comm) 878
      For Nomura (with Iain Milligan QC and Richard Handyside) in £460 million claims re the collapse of the Box Clever Group. WestLB's claim related to information allegedly provided to WestLB prior to its lending £860m to facilitate the Thorn/Granada merger into Box Clever.

      Millennium Partners LP v. IMI Ltd v. Citigroup Global Markets Ltd (Comm)
      For Claimant hedge funds in 3-way trial of £7 million dispute under agreements for the sale of loan notes. Issues as to the trading and valuation of loan notes.

    • Energy and Natural Resources

      “One of the best silks in this sector, he is analytically brilliant and a very effective cross-examiner.” Legal 500 2020-2021

      Orlando Gledhill has a substantial energy practice which includes some of the largest disputes in both litigation and arbitration.  This includes claims concerning carbon emissions and carbon credits/offsets trading, renewables, upstream and downstream oil and gas, electricity, CHP and mining.  He is frequently asked to advise some of the biggest players in the energy markets.

      Orlando has particularly strong expertise in carbon emissions and carbon credits/offsets trading (EUAs, CERs and VERs), having acted in many of the major carbon trading cases in the English courts (see Bilta, CF Partners, Deutsche Bank and Ineos) and cross-examined leading experts in the area.

      Orlando has acted for liquidators in a dishonest assistance claim against NatWest Markets PLC (ex-RBS) arising out of carbon emissions trading, British Gas in a claim raising issues on the CERT scheme, an oil major in a dispute arising from a JOA for exploration offshore Guyana, a major Chinese wind farm in a dispute under from emissions reductions purchase agreements and for a state-owned Chinese geophysical prospecting company.

      He has advised an oil and gas major on claims arising under an LNG throughput agreement, UK companies involved in waste to energy projects, a major UK energy supplier in relation to the procurement of smart metering systems; a party to agreements for oil exploration, production and transportation in disputes arising out of the secession of the Republic of South Sudan; advised an oil and gas major on potential claims arising from a gas leak offshore UK; a licensee involved in offshore UK oil exploration on a decommissioning security agreement; advised one of the world's largest steelmakers on natural resources investments in Australia and South Africa; one of the UK's largest gas groups on a substantial dispute (circa £100m) with a major gas transporter on access to a gas pipeline and in a shareholder dispute within a South African mining group.

      Bilta (UK) Ltd & Ors v (1) RBS plc and (2) Mercuria Energy Europe Trading Ltd [2020] EWHC 546 (CH), [2021] EWCA Civ 680
      For Claimants in 6-week trial of dishonest assistance claims re carbon emissions allowance (EUA) trading that was part of €billions missing trader VAT fraud. Cross-examined carbon and forensic accounting experts. 2021 Court of Appeal Judgment ordered a retrial for delay.

      Merlin Partners LLP v Rathlin Energy (UK) Ltd and Connaught Oil & Gas Ltd
      Acting for operator of licence to explore for and develop oil and gas reserves across part of East Yorkshire in claim by former corporate finance adviser in relation to fundraising to cover the expenses of drilling an oil well and other operating costs.

      A.L. Challis Ltd v. British Gas Trading Ltd (Comm) [2015] EWHC 141 (Comm), [2016] EWHC 513 (Comm), [2017] EWCA Civ 1972
      For British Gas in trial of claims under contract for distribution of shower regulators intended partly to fulfil British Gas’s obligations under the CERT scheme and on appeal.

      EuroChem Volga-Kaliy LLC v IMR Management Services Ltd & Ors (2015) (Comm)
      On pre-action disclosure application in the context of US$1 billion claim re the construction of a mine shaft in Russia.  Part of complex litigation and arbitration proceedings in Netherlands, USA and Switzerland.

      LCIA Proceedings (2015-2016)
      Dispute concerning gas turbine generators in Guinea.

      CF Partners (UK) Ltd v. (1) Barclays Bank Plc (2) Tricorona [2014] EWHC 3049 (Ch)
      For Claimant (with Tim Lord QC and Richard Eschwege) in 8-week trial of breach of confidence action re Barclays' acquisition of Swedish carbon credit accumulator Tricorona. In-depth consideration of Kyoto Protocol Clean Development Mechanism, CER market, including Large Hydro CERs and valuation of CERs.  Cross-examined carbon market experts.

      Deutsche Bank v. Total Global Steel Ltd [2012] EWHC 1201 (Comm); [2012] Env. L.R D7
      For Claimant investment bank in trial of €6 million contractual dispute about the sale and valuation of carbon credits (CERs). Consideration of ISDA Master agreement, EU and UN legislation on emissions trading and valuation of CERs and VERs.

      Ineos Manufacturing Scotland Ltd v. Grangemouth CHP Ltd & Anr [2011] EWHC 163 (Comm); 2011 All ER (D) 139 (Feb)
      For the Defendant, owners and operators of a CHP plant, with Ian Glick QC. A €150m dispute concerning entitlement to EUAs arising out of the EU ETS and long-term contracts to sell electricity and steam.

      Dana Petroleum (E&P) Ltd & Anr v. Woodside Energy (Kenya) Pty Ltd & Anr (Comm)
      Liability issues involved the construction of production sharing contracts ("PSCs") made with the Government of Kenya, farm-in agreements between joint venturers under the PSCs and joint operating agreements. Damages issues included whether and to what extent hydrocarbons were present offshore Kenya, the feasibility and cost of extracting them, and the expected value to the Claimants of a discovery at a particular prospect in ultra-deep water offshore Kenya.  Expert evidence in petroleum industry practice, geochemistry, geology, reservoir engineering, drilling engineering, facilities engineering, petroleum economics and accounting.

      Double K. Oil Products 1996 Ltd v. Neste Oil Oyj [2009] EWHC 3380 (Comm)
      For Neste in a substantial commercial arbitration in excess of US$100m re the supply of stable gas condensate ('SGC') from Russia to Finland. Factual issues as to the quantities of SGC of a particular specification produced at a Gazprom production facility and more widely within Russia, the quantities of such SGC produced worldwide, alleged bars to export of SGC from Russia as well as issues relating to the valuation of alleged lost future profits from sales of SGC. Expert evidence in 4 disciplines. Also acted (with Rhodri Davies QC) on challenge to the award in the Commercial Court and in the Court of Appeal.

      Viso Gero Global Inc v. Templar Minerals Ltd
      US$9m dispute about a gold mine in Fiji.

      EAA Proceedings
      For a leading UK power producer (with Laurence Rabinowitz QC), in arbitration concerning the meaning of 'take or pay' provisions in an electricity supply contract.

    • Civil Fraud

      "Incredibly sensible and hard-working. A very good advocate and a very good cross-examiner."  "Very bright." Chambers UK 2018 

      Orlando Gledhill has acted in numerous claims alleging fraud, conspiracy and/or breach of fiduciary duty, including: fraudulent misrepresentation, dishonest assistance, intimidation, undue influence, misappropriation of company, trust and investment fund assets, rogue trading, fraudulent diversion of assets and business opportunities by company directors and employees, VAT (MTIC) fraud, fraudulent conspiracy to put assets beyond the reach of creditors, insurance fraud and misuse of confidential information. Considerable expertise in breach of confidence. His work in this area has frequently involved obtaining freezing orders, including worldwide freezing orders and other urgent relief.

      Maranello Rosso Ltd v Lohomij BV, Bonhams 1793 Limited & Ors [2022] EWCA Civ 1667
      For Defendants, Bonhams, in £70 million conspiracy and breach of fiduciary duty claim relating to the purchase and sale of a world-renowned collection of classic Ferraris. Claim was struck out at first instance and the Court of Appeal dismissed the appeal. Lead advocate for the defendants on appeal on whether a settlement agreement had released claims in fraud, dishonesty and conspiracy.

      CONFIDENTIAL
      For Defendant members of investment fund group in £75 million claims for breach of confidence, conspiracy, misrepresentation and other economic torts in relation to UK property investments.

      Bilta (UK) Ltd & Ors v (1) Natwest Markets plc and (2) Mercuria Energy Europe Trading Ltd [2018] Lloyd’s Rep. F.C. 202, [2020] EWHC 546 (Ch), [2021] EWCA Civ 680
      For Claimants in 6-week trial of dishonest assistance claims re carbon emissions allowance (EUA) trading that was part of €billions missing trader VAT fraud. Cross-examined carbon and forensic accounting experts at trial. Appeared on application to challenge RBS’s claim to litigation privilege in witness interviews and other documents prepared as part of RBS’s investigation into the trading. 2021 Court of Appeal Judgment ordered a retrial for delay

      Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021]EWHC 1119 (Comm), [2021] EWCA Civ 1399
      For Defendant manufacturers of ATMs and point of sale systems, in claims by component suppliers arising out of the vertical integration of the Defendants’ production. Claims included procuring breach of contract, deceit, unlawful means conspiracy, intimidation and exemplary damages. Lengthy cross-examination of Claimants’ senior management witnesses.

      Abraaj litigation
      Advising a major investor and, separately, an officeholder in relation to disputes arising from the (US$ billions) insolvency of the Cayman-domiciled Abraaj private equity group of funds, which invested principally in the Middle East and North Africa on behalf of investors worldwide.

      Blockchain Optimization SA & anr v LFE Market Ltd [2020] EWHC 546 (Ch)
      Concerns representations and promises made to the Claimants related to a start-up cryptocurrency project called London Football Exchange. Claims for: (i) fraudulent misrepresentation; (ii) breach of contract; (iii) conspiracy; and (iv) procuring breach of contract.

      Kezen Trade Israel Ltd v Barclays Bank PLC (Comm)
      For Barclays in liquidators' claim re £8.5 million payment by Claimant's director.  Issues of the bank's Quincecare duty not to follow payment instructions when put "on inquiry" and of the director's authority under the account mandate.

      Alexander Brothers Ltd v Alstom Transport SA and anr [2020] EWHC 1584 (Comm)
      Alstom’s application to set aside an order enforcing an arbitration award on the basis that it was contrary to public policy because the underlying consultancy agreements were tainted by illegality (bribery and corruption) in ABL’s performance.

      SKAT v Solo Capital Partners LLP & Ors (2019-2020) (Comm)
      Advice to affiliate of a corporate Defendant in claim by the Danish tax administration against 69 Defendants for over £1.5 billion arising from allegedly fraudulent claims for refunds of Danish withholding tax on dividends.

      Debussy DTC PLC & Ors v Solutus Advisors Ltd & Ors (2018) (Ch)
      For Defendant property companies in claims by commercial mortgage-backed securitisation noteholders. Disputes as to entitlement to replace the receiver of a property company and as to whether certain agreements involving mortgaged assets should be set aside under the fair-dealing rule.

      Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch)
      For Goldman Sachs (with Robert Miles QC and Rupert Allen) in US$1.2 billion claim by the Claimant sovereign wealth fund to set aside equity derivatives transactions for alleged undue influence and/or as unconscionable bargains.  Detailed consideration of the LIA’s relationship with the bank in 2007 to 2008 and expert evidence on pricing/profits and suitability. 7-week trial in 2016 led to Judgment for Goldman Sachs .  Appeal dismissed in 2017.

      ED&F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Anr (2017-2018)
      For claimant in US$300 million fraud involving metals 'repo' agreements and forged documents of title.

      Marsfield Automotive Inc v Siddiqi
      For claimant in US$50 million unjust enrichment claim arising out of failed joint venture to develop and commercialise electric vehicles.

      CONFIDENTIAL: Commercial Court Proceedings (2015)
      US$25 million fraudulent conspiracy claim by Austrian bank against 13 Russian Defendants involved in a corporate group in the steel industry.

      EuroChem Volga-Kaliy LLC v IMR Management Services Ltd & Ors (2015) (Comm)
      For 2 respondents in US$1 billion fraud claims re the construction of a mine shaft in Russia.  Part of complex litigation and arbitration proceedings in Netherlands, USA and Switzerland.

      Garkusha v Yegiazaryan (2014)
      For Defendant in freezing order proceedings between Russian businessmen in the BVI on challenge to jurisdiction and/or application to vary and/or set aside freezing order.

      Fortress Value Recovery Fund I LLC & Ors v. Blue Skye Special Opportunities Fund LP (A Firm & 20 Ors (Comm) [2012] EWHC 1486 (Comm)
      For Defendant investment fund managers (with Tim Lord QC and a large team of junior counsel) in €200 million Commercial Court claims by lender, security trustee and shareholder re restructuring of investment structure (freezing order and substantive proceedings).  Claims (under English and Luxembourg law) included allegations of conspiracy to injure and to put assets beyond the reach of the claimants, misrepresentation, inducing breaches of contract and/or fiduciary duties and knowing receipt.

      Bank of Scotland v. Chappell & Anr. (Admiralty)
      Acted in claim by bank and its assignees on application to set aside summary judgment procured by undue influence and forgery.

      LCIA & Commercial Court Proceedings
      For Indian clothing conglomerate in substantial disputes arising out of a joint venture with English, Cyprus and Jersey-registered co-venturers. Claims included allegations of fraudulent misrepresentation.

      Glitnir Banki HF v. Johannesson (Comm)
      Obtained worldwide freezing order under s25 Civil Jurisdiction and Judgments Act 1982 (with Richard Gillis QC) re lending by Icelandic bank to vehicle connected to bank's major shareholders.

      Blenheim Properties Group v. Levene & Anr (QB and Ch) 
      For BPG in claim over £15 million of trust assets held in 10 jurisdictions. Obtained worldwide freezing order against Nicholas Levene and his corporate vehicle.

      Inmarsat Investments Ltd v. Planetel Inc (QB)
      For Inmarsat, concerning a fraud re an investment in mobile phone networks in South Korea.

      Sumitomo Corporation v. Credit Lyonnais Rouse Ltd (Comm)
      For Sumitomo (with Christopher Carr QC and Daniel Toledano), in the massive litigation re the unauthorised derivatives trading of Sumitomo's chief copper trader, Yasuo Hamanaka. This litigation included two very substantial Commercial Court actions involving claims of dishonest assistance and breach of fiduciary duty against one of Sumitomo's London Metal Exchange (LME) brokers, which ran in parallel with large numbers of proceedings in the USA.

    • Arbitration

      "A Fantastic oral and written advocate, if I could use him on every case I would." Legal 500 2018-2019 (International Arbitration)

      Orlando Gledhill has considerable experience of ICC, LCIA, UNCITRAL, CIETAC, PCA and ICSID arbitrations as counsel and also accepts appointments as arbitrator (recently in LCIA and in PCA proceedings).  He has also been involved in numerous industry association  and ad hoc arbitrations.

      ICC Proceedings
      Dispute under pharmaceutical licensing agreement between IP owner and developer and manufacturer.

      Alexander Brothers Ltd v Alstom Transport SA and anr [2020] EWHC 1584 (Comm)
      For Defendant French train manufacturer, arising out of contracts for the sale of railway rolling stock in China. Alstom’s application to set aside an order enforcing an arbitration award on the basis that it was contrary to public policy because the underlying consultancy agreements were tainted by illegality (bribery) in ABL’s performance. The leading recent case on bribery and the public policy exception to enforcement in the English Courts of arbitral awards under the New York Convention (under English and EU law) and its inter-relation with abuse of process and issue estoppel. The Judgment re-assesses all the significant English case law in this area. It is also a significant case on when an order made without notice should be set aside for failure to make full and frank disclosure.

      LCIA Proceedings
      Dispute concerning gas turbine generators in Guinea.

      LCIA Proceedings
      For Respondent Jersey art investment holding company in claim by joint venturer in dispute as to the value and ownership of a large collection of post-impressionist art (c. 10,000 items).

      LCIA Proceedings
      For oil major in dispute under JOA for exploration offshore Guyana.

      ICC Proceedings (Bucharest seat)
      For Moldovan microfinance provider in dispute with former senior management (Moldovan parties).  Issues included jurisdiction and anti-suit relief.

      Rochester Resources & Ors v. Leonid L. Lebedev & Anr [2014] EWHC 2926 (Comm); [2014] EWHC 2185 (Comm)
      For Defendant former Russian businessman (with Lord Grabiner QC) in US$2 billion dispute with Viktor Vekselberg and Leonard Blavatnik re TNK-BP joint venture and its purchase in 2013 by Rosneft. Defended anti-suit injunction application by the Claimants to restrain proceedings by Mr Lebedev in New York in favour of UNCITRAL arbitration in London.  Consideration of s44 Arbitration Act 1996 and of the circumstances in which a third party may claim the benefit of an agreement to arbitrate.

      CIETAC Proceedings (Beijing seat)
      For major Chinese wind farm in dispute under emissions reductions purchase agreements (Chinese and Irish parties).

      PCA Proceedings (Singapore seat)
      Presiding Arbitrator in dispute under emissions reductions purchase agreement (Chinese and Dutch parties). 

      ICC Proceedings
      For major international provider of geophysical prospecting services in US$90 million dispute under contracts for agency services (Chinese and English parties).  22 witnesses, addressing events dating back to 1996.  Issues included jurisdiction and illegality.

      LCIA Proceedings
      For a major steelmaker in dispute  under contracts governing natural resources investments in Australia and South Africa (English and Australian parties).

      PCA Proceedings
      For carbon credit accumulator in US$20 million dispute under emissions reductions purchase agreement (Irish and Indian parties).

      Ad Hoc Proceedings
      For major US pharmaceutical manufacturer in US$100m Bermuda Form insurance coverage dispute.

      LCIA Proceedings
      For Indian clothing conglomerate in substantial disputes arising out of a joint venture with English, Cyprus and Jersey-registered co-venturers. Proceedings involved LCIA arbitration in London as well as litigation in London, the Netherlands and Poland. Obtained urgent (weekend) injunction in the High Court in support of pending and anticipated LCIA arbitrations to restrain breach of confidence and Commercial Court order for non-party disclosure.

      LCIA Proceedings: Double K. Oil Products 1996 Ltd v. Neste Oil Oyj (Comm) [2010] 1 Lloyd's Rep. 141
      For Respondent, Finnish oil company, in US$100 million dispute re the sale of gas condensate and (with Rhodri Davies QC), in the Claimant's subsequent challenge in the Commercial Court under s68 Arbitration Act 1996 and thereafter on the Claimant's appeal to the Court of Appeal. Arbitration law issues also included security for costs and the applicable law of non-contractual claims.

      LCIA Proceedings
      For Respondent luxury jewellery brand in US$40 million dispute under an agreement for the exploitation of the brand in upmarket hotel and residential developments in United Arab Emirates (Cayman, BVI and UAE parties).

      LCIA Proceedings
      For Claimants in claim for specific performance and damages re failure to transfer shares in Cyprus-registered company (English, BVI and Cypriot parties). Claim also involved application for interim relief in Cyprus court.

      UNCITRAL Proceedings
      For Claimant corporate finance adviser in claim for €4 million success fee and other fees due re the sale of a German company (English parties).

      Ad Hoc Proceedings
      For Claimant company in arbitration concerning the breach of an exclusive purchase obligation in a contract for the sale of water coolers (English parties).

      ICC Proceedings
      For Claimant company in arbitration under contracts for the sale of pig iron (Austrian and Italian parties).

      Ad Hoc Proceedings
      For Claimant company (with Ian Glick QC) in very substantial arbitration for members of a major online gaming group.

      EAA Proceedings
      For a leading UK power producer (with Laurence Rabinowitz QC) in arbitration concerning the meaning of 'take or pay' provisions in an electricity supply contract.

      ICC Proceedings
      For Claimant company (with Ian Glick QC) in arbitration between the sellers and buyers of a gas trading company (U.S. and Norwegian parties).

      Prekons Insaat Sanayi AS v. Rowlands Castle Contracting Group Ltd (Comm) [2007] 1 Lloyd's Rep. 98 
      For Defendant in disputes under contracts governed by Turkish law re the activities of an English company in Iraq. Issues included whether a claim under a contract governed by an arbitration clause, raised by way of set-off, was a substantive defence under Turkish law such that a stay to arbitration should not be imposed under s9 Arbitration Act 1996.

    • IT and Telecommunications

      Orlando Gledhill has substantial experience of commercial aspects of IT cases.  In particular, he has substantial experience of online gaming business. 

      CONFIDENTIAL
      For major UK energy supplier in dispute with IT systems integrator re delivery of billing systems programme.

      CONFIDENTIAL
      For major energy network re threatened shut down of data centre.

      Kiwix Ltd v Google Ireland Ltd (2018) (Ch)
      For Google, defending claim for alleged wrongful termination of gaming website operator’s participation in Google’s AdSense program, which allows website publishers to earn revenue by displaying adverts alongside online content.

      Be In, Inc. v Google Inc, YouTube LLC & Ors (2018 to 2019) (Comm)
      For Google and YouTube in US$100 million breach of confidence claim by developer of video entertainment sharing platform alleging misuse of confidential business ideas. Consideration of obviousness/novelty of Claimant’s alleged ideas and whether aspects of Defendant’s platforms were independently developed.

      GBST Holdings Ltd v. Smith Hamilton & Ors (Comm)
      For Defendants in breach of warranty dispute under share sale agreement. Issues re the licensing, implementation and development of software applications for global capital markets and accounting for revenues from the same.

      Samvo Strategic Holdings Ltd v. Gross (Comm)
      For Claimant, Cayman-incorporated gaming and entertainment business, in dispute with prospective joint venture partner re the provision of sports betting services.

      WPC Productions Inc v. Clevedon Services Ltd & Ors
      For members of the PartyGaming group, then one of the world's leading online gaming companies, (with Ian Glick QC), defending a very substantial claims in the BVI and Gibraltar arising out of the provision of access to an online gaming platform.

      Malhotra v. IG Interactive Entertainment Ltd
      Dispute between Defendant and its former CEO re Claimant's work on Defendant's gaming and animation businesses.

      SDCS Ltd v. MRO Software UK Ltd
      For Defendant licensor in software licensing dispute.

      Acted for various IBM entities in QBD and TCC proceedings against users of software supplied or financed by IBM.

      LM Solutions v. Oyster Partners
      For Claimant, (now) Ocado Ltd, in dispute with its website designers.

      WH Smith Trading Ltd v. Siemens PLC
      For WH Smith (with Jeffery Onions QC), in litigation concerning capacity of computer hardware.

      British Gas Trading Ltd v. SCT International Ltd
      For Claimant company (with Jeffery Onions QC), in litigation concerning a substantial bespoke software development project.

    • Company and Insolvency

      In the context of a broad commercial practice, Orlando Gledhill has experience of a variety of company and insolvency issues.  He has acted and/or advised in numerous corporate and individual insolvency proceedings and acted for directors in directors' disqualification proceedings.

      Debussy DTC PLC & Ors v Solutus Advisors Ltd & Ors (2018) (Ch)
      For Defendant property companies in claims by commercial mortgage-backed securitisation noteholders. Disputes as to entitlement to replace the receiver of a property company and as to whether certain agreements involving mortgaged assets should be set aside under the fair-dealing rule.

      Barden v. Commodities Research Unit International (Holdings) Ltd & Ors (Ch) 
      For Defendant corporate group in claim by former employee under long term incentive plan.  Issues under s423 Insolvency Act 1986.

      Lehman Brothers Treasury Co. B.V. Bankruptcy Trustees
      Advice re a Euro medium term note programme.

      SIVs
      Advice re various SIVs (Sigma Finance Corporation, Whistlejacket Capital, Coltrane CLO)

      Sodastream Ltd v. Coates & Ors (Ch) [2009] All ER (D) 22 (Aug); [2009] EWHC 1936 (Ch) 
      For Defendant directors in liquidator's claim for repayment of £13 million in dividends alleged to have been paid unlawfully. Issues as to directors' entitlement to rely on auditor's approval of accounts recording the payments and of the true value of a promissory note assigned by way of dividend.  For Fifth Defendant (Israeli resident) on his application to challenge jurisdiction and to set aside orders to extend time for service out [2009] All ER (D) 22 (Aug).

      Freshbake Foods Ltd v. Bentley Jennison & Ors (Ch)
      For shareholder (Freshbake) in claims brought by liquidator for repayment of dividends alleged to have been paid unlawfully. Issues as to directors' entitlement to rely on auditors' approval of accounts as well as issues of abuse of process and limitation.

      Major UK life insurance company 
      Advised (with Ian Glick QC) as to its obligations under financial services legislation in the context of a proposed restructuring.

      Advice to Department of Trade and Industry
      Lengthy formal published advice (with Ian Glick QC) on issues of proposed company law reform, including vicarious liability of companies, personal liability of directors and auditors' negligence.

    • Other Significant Experience

      Experience in a range of other sectors and numerous types of interim applications.  He has been involved in a number of substantial professional negligence actions (including fund managers, accountants and solicitors).  He also has wide experience of applications for freezing orders and other interim orders (including orders in support of proceedings in other jurisdictions under s25 Civil Jurisdiction and Judgments Act 1982) and pre-action and non-party disclosure orders.  Applications re letters of request under CPR 34 and the Evidence (Proceedings in Other Jurisdictions) Act 1975 and challenges to claims to privilege. 

      Notable work includes:

      Black v. Sumitomo Corporation [2002] 1 WLR 1562 (CA)
      For Sumitomo (with Charles Hollander QC), the leading case on pre-action disclosure. 

      Sumitomo Corporation v. Credit Lyonnais Rouse Ltd [2002] 1 WLR 479 (CA)
      For Sumitomo (with Lord Grabiner QC), on whether translations of foreign-language documents prepared for the purposes of litigation are privileged.

  • What the Directories Say

    "Orlando's incisive approach and sense of the absurd make him a pleasure to work with." Chambers UK 2024 - Banking and Finance

    "Orlando's advice is clear, robust, and delivered in a way that is accessible for clients." Chambers UK 2024 - Banking and Finance

    "He delivers advice with confidence and is an impressive advocate." Chambers UK 2024 - Banking and Finance

    “Orlando Gledhill is very smart and incredibly hard working. His advice is clear and robust, and delivered in a way that is accessible for clients." Chambers UK 2024 - Commercial Dispute Resolution

    "A very strong cross-examiner, who is incisive in his analysis of the legal issues in a case." Chambers UK 2024 - Commercial Dispute Resolution

    “Orlando shows a lightning quick intellect, a refusal to settle for anything other than excellent, and is always approachable.”  Legal 500 2024 – Energy 

    “Orlando is superb and always delivers.”  Legal 500 2024 – Banking 

    “treats every case with the enthusiasm and precision as if it was his first and never misses a beat” Legal 500 2022 Banking & Finance and Energy

    A very safe pair of hands for large, complex litigation.  Excellent strategist.  His advocacy is outstanding.” Chambers UK 2023 Banking & Finance, Commercial Dispute Resolution

    "Thoughtful, very user-friendly, an excellent team player and a great advocate." Chambers UK 2021/2022 - Commercial Dispute Resolution

    "One of my first choices for any intense commercial litigation. He is absolutely excellent." "He has a real instinctive sense about strategy; he is able to anticipate moves the other side might make. He is good on his feet, his drafting is extremely concise and punchy, and he understands and thinks through all the commercial angles." Chambers UK 2021/2022 - Banking & Finance

    "He is clever, creative, constructive and provides concise advice and, equally important, is very approachable and works collaboratively with instructing solicitors to tight deadlines." "He is a very good advocate." "He is very responsive and intelligent." Chambers UK 2021/2022 - Energy

    "He is a diligent, hands-on, capable advocate. He is very precise in his analysis and good at untangling difficult energy cases." "He really rolls his sleeves up and gets stuck in. He's a go-to for oil and gas work." Chambers Global 2021 - Energy

    “One of the best silks in this sector, he is analytically brilliant and a very effective cross-examiner.” Legal 500 2020-2021 - Energy

    "Very bright and creative but also user-friendly, he has excellent analytical skills and is a tactical adviser on litigation." Legal 500 2021-2022 - Energy

    "Very good - quick and bright." "He is user-friendly, creative and practical." Chambers Global 2021 - Commercial

    "A master tactician. He understands the commercial dynamics and drivers of a case instinctively, which is seamlessly integrated into his strategic advice. He stands out in particular for his advocacy, which is concise and punchy and highly effective." Legal 500 2021-2022 - Banking and Finance

    "Fearless, always on top of the detail, determined to get the answer right, and not afraid to take on a judge." Legal 500 2020-2021 - Banking and Finance

    "Superb and can cut straight to the core of a complicated issue. He has an amazing eye for detail and is a super advocate."  "Orlando is incredibly accurate and surgical in his approach and is not afraid to take on a judge." Chambers UK 2020 - Banking & Finance

    "Orlando has a very smooth and relaxed style which clients like, and an awful lot of experience."  "A barrister with an excellent eye for the detail of any case, he's a very calm advocate who is forensic and measured." Chambers UK 2020 - Commercial Dispute Resolution

    "His analytical skills are very high and on his feet he is a very proficient advocate. He has got a very orderly brain - he processes information really quickly and is pretty unflappable and calm as an advocate." "He has a forensic eye for detail."  Chambers UK 2020 - Energy & Natural Resources

    "A team player and a very tenacious advocate who prepares for cases brilliantly."  Legal 500 2019-2020 - Energy

    "A fantastic oral and written advocate, if I could use him on every case I would." Legal 500 2018-2019 - International Arbitration

    "Shows a fierce commitment to the job in hand and is excellent on his feet." Legal 500 2018-2019 - Commercial Litigation

    "Great at helping us find ways around a problem, and very analytical in working out which arguments will fly." Chambers UK 2018

    "Impressively intelligent and extremely hard-working, he stands his ground ... and gets results." Chambers UK 2017 and Chambers Global 2018

    " go-to silk in this area' say peers who commend his exceptional attention to detail."  "He reads the mood of judges extremely well and takes the time to understand the internal dynamics and personalities of clients." (2019)

    "incredibly analytical when it comes to disputes .... He can easily navigate the morass of material that you sometimes find in complex cases." (2018)

    "among the best junior silks at the bar."  His "knowledge of the financial markets and technical details" along with his "surgical dissection of expert evidence in cross-examination" make him a go-to for banking and finance cases.  (Who's Who Legal UK Bar 2021)

    "Orlando is a fantastic lawyer and one of the best draftsmen I've come across. His ability to say things in a short number of words is unparalleled. He captures things in a punchy way."  "His drafting and strategic advice are exemplary." (Chambers UK 2017)

    "Has a top-class mind and always provides far-sighted advice.  He gets to grips with even the smallest details of his case and is superb at drafting." (Chambers UK 2016)

    "His attention to detail and need to present the best case possible make him formidable." Legal 500 2016-2017 (International Arbitration)

    "Very strong, commercial, clear and easy to work with." Legal 500 2013-2014 (International Arbitration)

  • Education

    Queen's University, Canada (1988-1992) - BA (Hons) English (1st Class).  Six scholarships and awards at Queen's University and named to Dean's List (top 3% of year) 

    Corpus Christi College, Oxford (1992-1994) - M.Phil English.  British Academy Major State Studentship (1992-94) 

    City University (1996-1997) - Diploma in Law (Distinction).  City University Centenary Scholarship (1996).  Inner Temple Major Scholarship (1997)
     

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