Richard Mott

• New England Technical Services Ltd v Sanmina-SCI Corporation
  Acting (with Sa’ad Hossain KC) for the claimant in relation to a substantial claim under various provisions of the Commercial Agents (Council Directive) Regulations 1993.
• Acting for a German commercial agent in a dispute with its principal, an English fair trade clothing company.
• Advising (with Sa’ad Hossain KC) an electronics company on its rights under the Commercial Agents (Council Directive) Regulations 1993.
• Advising a Dutch clothing company on liability and quantum under the Commercial Agents (Council Directive) Regulations 1993.

• ICC Arbitration
  Acting (with Camilla Bingham KC) for a listed online gambling company, resisting a campaign to appropriate its 49% stake in a Mexican gaming company worth over £1.8 billion.
  
• ICC Arbitration
  Acting (with Anna Boase KC and Michelle Menashy) for an African banking group, advancing a claim for more than US$330 million. Appeared as sole counsel at the Case Management Conference to determine the format of the arbitral proceedings.
• ICC Arbitration 
  Acting (as sole counsel) for a well-known expert advisory and consultancy firm, claiming a large amount from a leading ratings agency in respect of the provision of expert services in high-value litigation.
• LCIA Proceedings
  Acting (with David Wolfson KC and Gideon Cohen) in a dispute between the principal shareholders in one of the world’s largest aluminium companies, relating to two multi-billion dollar transactions. The claim raised numerous issues of contract, company and economic tort law, as well as complex factual and expert issues.
• LCIA Proceedings
  Acting (with Daniel Toledano KC) for a Dubai-based telecommunications firm in relation to a joint venture for the provision of wireless communications services in the Gulf region, claiming against its joint venture partner for breach of contract and unlawful means conspiracy.
• LCIA Proceedings
  Acting (with Daniel Toledano KC) in respect of a claim arising under a terminated FX derivative contract.
• UNCITRAL Proceedings
  Acting (with Richard Boulton KC) in respect of an insurance claim by a multi-national commodities group under a fidelity policy.
• LCIA Proceedings
  Acting (with David Wolfson KC and Benjamin Strong) in respect of a claim arising under a terminated FX derivative contract arising under a terminated FX derivative contract

Richard frequently advises on various types of derivatives governed by the 1992 and 2002 ISDA Master Agreements, covering issues such as contravention of local law and other potential Events of Default, the calculation of Loss and other consequences of default.

• Frasers Group Plc v (1) Saxo Bank Plc & (2) Morgan Stanley & Co International Plc
  Acting (led by Camilla Bingham KC and James MacDonald KC) for Morgan Stanley, resisting a £55 million claim that it conspired unlawfully to force the close out the Claimant’s share options in Hugo Boss in May 2021, motivated by a personal dislike of Mike Ashley (the owner of the Claimant). A 4-week trial took place in February 2024; the case settled after the completion of trial but before judgment.
• Mahtani & Ors v Atlas Mara Ltd & African Banking Corporation Zambia Limited
  Acting (led by Anna Boase KC) for the successful Defendants (an international banking group) which were sued for over US$100 million by the claimants (the former owners of a Zambian bank which they sold to the Defendants). A 4-week trial took place in November 2023, at which Richard conducted the cross-examination of some factual and expert witnesses. The claim failed on all grounds: [2024] EWHC 218 (Comm).
• Lopesan Touristik SA v Apollo European Principal Finance Fund
  Acting (with Laurence Rabinowitz KC and leading Michael Watkins) for the Defendants to a €93 million claim under an Equity Commitment Letter arising out of the collapse of the sale of a Spanish hotel. The Defendants successfully resisted the Claimant’s attempt to expedite the proceedings ([2020] EWHC 2642 (Comm) and [2020] EWHC 2829 (Comm)). Trial of certain preliminary issues took place in April 2021: [2021] EWHC 2141 (Comm).
• Eurosail-UK 2007-4BL Plc & Ors v Wilmington Trust SP Services (London) Ltd & Anr
  Acting (as sole counsel) for the defendant corporate trustee, resisting an allegedly vexatious attack on a mortgage securitisation structure.
• World First UK Ltd v Newstar Garments Ltd
  Acting (as sole counsel) for the claimant financial company, seeking to enforce a close out amount of c.£1.8 million and resist a counterclaim for £4.4 million arising out of the alleged misselling of FX derivatives throughout a four year period.
• Euro Pacific Card Services Ltd v.  Prepaid Financial Services Ltd
  Acting (as sole counsel) for the claimant international banking group, claiming damages arising out of the wrongful termination of a pre-paid debit card processing agreement.
• Lehman Brothers International (Europe) (in administration) v ExxonMobil Financial Services BV [2016] EWHC 2699 (Comm)
  Acting (with Rhodri Davies KC) for the claimant company in administration, claiming significant sums from its counterparty to a securities repo. The judgment of Blair J is now the leading authority on the Global Master Repurchase Agreement (a market standard agreement which governs repo contracts worth many trillions of dollars at any given time), and in particular on the correct interpretation and application of its default valuation provisions.
• Lamerdo Shipping Co Ltd v The Royal Bank of Scotland
  Acting (as sole counsel) for RBS, defending a claim for breach of a facility agreement in the context of a sub-participation and subsequent elevation.
• Mercuria Energy Trading Pte Ltd & Anr v Citigroup Global Markets Ltd and Citibank N.A. [2015] 1 CLC 999
  Acting (with Daniel Toledano KC and leading Oliver Butler) for the defendants, resisting a claim for declaratory relief and counterclaiming for c.$270 million under a series of repo transactions. The proceedings arose out of a substantial metals fraud alleged to have taken place in China, and raised numerous issues of banking law and sale of goods law.
• Barclays Bank Plc v Svizera Holdings BV & Anr
  Acting (as sole counsel) for Barclays Bank Plc in a $38 million claim against an Indian pharmaceuticals group under a Facility Agreement. As a result of developments during proceedings, obtained a worldwide freezing order against the defendants.

• AML Creditor Recovery Vehicle PTC v Shandong Iron & Steel Group Co Ltd & Ors
  Acting (led by Camilla Bingham KC) for the claimant creditor recovery vehicle, advancing claims for hundreds of millions of dollars arising out of the appropriation of an iron ore mine in Sierra Leone. A 1-week jurisdiction hearing occurred in July 2023, which is now subject to appeal.
• Frasers Group Plc v (1) Saxo Bank Plc & (2) Morgan Stanley & Co International Plc
  Acting (led by Camilla Bingham KC and James MacDonald KC) for Morgan Stanley, resisting a £55 million claim that it conspired unlawfully to force the close out the Claimant’s share options in Hugo Boss in May 2021, motivated by a personal dislike of Mike Ashley (the owner of the Claimant). A 4-week trial took place in February 2024; the case settled after the completion of trial but before judgment
• ED&F Man Capital Markets Ltd v Straits Financial Group Pte Ltd & Anr
  Acting (led by Lord Wolfson KC) for the Defendant members of a large Singaporean corporate group, alleged to be vicariously liable for the participation of an employee in a large international fraud worth US$280 million.
• The Tesco Profit Overstatement litigation 
  Acting (with Neil Kitchener KC and leading Simon Gilson) for 58 institutional investors claiming over £440 million from Tesco Plc in respect of its profit overstatement revealed in Autumn 2014. The claim was made under s.90A of the Financial Services and Markets Act 2000 (a statutory provision in respect of which there is no decided authority), and alleged fraudulent misrepresentations by Tesco senior management and their subordinates. The proceedings generated a string of reported judgments ([2019] EWHC 109 (Ch), [2019] EWHC 2858 (Ch), [2019] EWHC 3312 (Ch)), including one from a 4-day hearing where Richard appeared as the lead advocate ([2019] EWHC 3315 (Ch)). The judgment on the correct legal analysis of the intermediated securities market ([2019] EWHC 2858 (Ch)) has significant repercussions and has already been the subject of material academic commentary. The case was one of The Lawyer’s “top cases for 2020”.
• Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd
  Acting (with Adrian Beltrami KC, and leading Oscar Schonfeld and Sarah Tulip) for the Defendants to fraud and bribery claims arising out of the management of a c.£6 billion London property portfolio ultimately owned by the President of the United Arab Emirates. The proceedings generated an important judgment of general importance on the exceptions to without prejudice privilege ([2020] EWHC 1015 (Ch), upheld by the Court of Appeal at [2021] EWCA Civ 551) and several interlocutory judgments on issues such as “control” for the purposes of disclosure: [2021] EWHC 849 (Ch), [2021] EWHC 818 (Ch) and [2021] EWHC 750 (Ch).
• JD Classics Ltd (in administration) v Hood and Goddard
  Acting (with David Cavender KC) for Mr Goddard, who is alleged to have dishonestly assisted and helped to conceal a huge fraud at one of England’s largest classic car dealers and is sued for over £50m. The claim settled prior to trial.
• Arcadia Petroleum Ltd & Ors v Bosworth & Ors [2017] EWHC 3160 (Comm)
  Acting (with Steven Thompson KC) for the Sixth Defendant to high-profile, c.$330 million fraud proceedings arising out of West African oil trading. The litigation has already generated several reported judgments.
• Ras Al Khaimah Investment Authority v Azima
  Acting (with Daniel Toledano KC) for a high-profile individual, resisting allegations of bad faith arising out of the sale of the Sheraton Hotel in Tbilisi, Georgia, and a proposed joint venture for the provision of reconnaissance and surveillance services.
• Ivanbridge Company Corporation v Dessi & Anr
  Acting (with Sa’ad Hossain KC) for the defendants/respondents to a claim for misappropriation of substantial trust assets and an accompanying freezing order. Applied to discharge the freezing order; the claim settled before that application was heard.
• Prestige Carriages Ltd v Elite Sports Cars Ltd & Anr
  Acting for the claimant, obtaining ex parte delivery up, preservation and information orders in relation to a fleet of luxury cars.
• Tidewater Marine International Inc v PhoenixTide Offshore Nigeria Ltd & Ors [2015] EWHC 2748 (Comm)
  Acting (with Sa’ad Hossain KC) for the individuals behind a Nigerian oil and gas services company, defending equitable and economic tort claims against them alleging that they had dishonestly assisted their company’s breach of trust and procured its breach of a mandatory English court order.
• Sloane House Ltd v Fleury & Ors
  Acting for the claimant, seeking to recover losses from fraud and the receipt of secret commissions in the context of a substantial construction project. Richard made multiple ex parte applications for freezing, asset disclosure, computer imaging, evidence preservation and passport delivery up orders. Richard then (with David Cavender KC) defended an application to discharge the freezing injunction; obtained summary judgment; and committed the defendant to prison for 9 months.

• Frasers Group Plc v Saxo Bank Plc and Morgan Stanley & Co International Plc
  Acting (led by Camilla Bingham KC and James MacDonald KC) for Morgan Stanley, resisting a £55 million claim that it conspired unlawfully to force the close out the Claimant’s share options in Hugo Boss in May 2021, motivated by a personal dislike of Mike Ashley (the owner of the Claimant). A 4-week trial took place in February 2024; the case settled after the completion of trial but before judgment.
  
• Mahtani & Ors v Atlas Mara Ltd & African Banking Corporation Zambia Limited
  Acting (led by Anna Boase KC) for the successful Defendants (an international banking group) which were sued for over US$100 million by the claimants (the former owners of a Zambian bank which they sold to the Defendants). A 4-week trial took place in November 2023, at which Richard conducted the cross-examination of some factual and expert witnesses. The claim failed on all grounds: [2024] EWHC 218 (Comm).
• PT Services Malta Ltd v Tecnologia Entretenimiento Caliplay, SAPI de CV
  Acting (with Camilla Bingham KC) for the claimant member of the Playtech group, in dispute with its contractual partner over the issue of whether a high-value redemption right remained valid and exercisable.
• Lopesan Touristik SA v Apollo European Principal Finance Fund
  Acting (with Laurence Rabinowitz KC and leading Michael Watkins) for the Defendants to a €93m claim under an Equity Commitment Letter arising out of the collapse of the sale of a Spanish hotel. The Defendants successfully resisted the Claimant’s attempt to expedite the proceedings ([2020] EWHC 2642 (Comm) and [2020] EWHC 2829 (Comm)). Trial of certain preliminary issues took place in April 2021: [2021] EWHC 2141 (Comm).
• ​The Tesco Profit Overstatement litigation
  Acting (with Neil Kitchener KC and leading Simon Gilson) for 58 institutional investors claiming over £440 million from Tesco Plc in respect of its profit overstatement revealed in Autumn 2014. The claim was made under s.90A of the Financial Services and Markets Act 2000 (a statutory provision in respect of which there is no decided authority), and alleged fraudulent misrepresentations by Tesco senior management and their subordinates. The proceedings generated a string of reported judgments ([2019] EWHC 109 (Ch), [2019] EWHC 2858 (Ch), [2019] EWHC 3312 (Ch)), including one from a 4-day hearing where Richard appeared as the lead advocate ([2019] EWHC 3315 (Ch)). The judgment on the correct legal analysis of the intermediated securities market ([2019] EWHC 2858 (Ch)) has significant repercussions and has already been the subject of material academic commentary. The case was one of The Lawyer’s “top cases for 2020”.
• EML Payments European Holdings Ltd v Moran & Ors
  Acting (as sole counsel) for the Defendants, seeking deferred earn-out consideration and resisting claims for breach of warranty alleged to be worth tens of millions of pounds.
• Go Science Ltd (in liquidation) v Shell International Exploration and Production BV & Ors
  Acting (with David Wolfson KC) for the Defendant multinational group, defending a claim for US$87 million. The claimants allege a long-running conspiracy by the Shell Group and other related parties to harm the claimant through repeated breaches of financing and investment agreements and wrongful refusals to purchase shares and loan notes.
• World First UK Ltd v Newstar Garments Ltd
  Acting (as sole counsel) for the claimant financial company, seeking to enforce a close out amount of c.£1.8 million and resist a counterclaim for c.£4.4 million arising out of the alleged misselling of FX derivatives.
• Cruz City 1 Mauritius Holdings Ltd v Unitech Ltd & Ors
  Acting (with Simon Colton KC) for the claimant in relation to various international enforcement proceedings. Intervened on behalf of the claimant to ensure that assets susceptible to enforcement were not dissipated in English litigation, and advised on steps to be taken in the Isle of Man, Cyprus and India.
• Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anr
  Acting (with David Wolfson KC) for the claimant in proceedings for recovery of substantial historic and ongoing fees arising out of the introduction of financial investors to fund managers.
• Lehman Brothers International (Europe) (in administration) v ExxonMobil Financial Services BV [2016] EWHC 2699 (Comm)
  Acting (with Rhodri Davies KC) for the claimant company in administration, claiming significant sums from its counterparty to a securities repo. The judgment of Blair J is now the leading authority on the Global Master Repurchase Agreement (a market standard agreement which governs repo contracts worth many trillions of dollars at any given time), and in particular on the correct interpretation and application of its default valuation provisions.
• Mercuria Energy Trading Pte Ltd & Anr v Citigroup Global Markets Ltd and Citibank N.A. [2015] 1 CLC 999
  Acting (with Daniel Toledano KC and Oliver Butler) for the defendants, resisting a claim for declaratory relief and counterclaiming for c.$270 million under a series of repo transactions. The proceedings arose out of a substantial metals fraud alleged to have taken place in China, and raised numerous issues of banking law and sale of goods law.

• Confidential Arbitration
  Acting (as sole counsel) for a major sports club, alleging that one of its directors was guilty of leaking confidential information and otherwise breaching his fiduciary duties. The case settled the evening before a 4-day hearing.
• LCIA Arbitration 
  Acting (with David Wolfson KC and Gideon Cohen) in a dispute between the principal shareholders in one of the world’s largest aluminium companies, relating to two multi-billion dollar transactions (LCIA Rules). The claim raised numerous issues of contract, company and economic tort law, as well as complex factual and expert issues.
• Weavering Capital (UK) Ltd (in liquidation) v Peterson & Ors [2013] EWCA Civ 71
  Appearing in the Court of Appeal (as sole Counsel) for one of claimant hedge fund’s former directors, challenging the trial Judge’s findings of breach of fiduciary duty, breach of contract and negligence arising out of the high-profile collapse of Weavering Capital due to the fraud of its CEO.
• James C Penny (Estate Agents) Ltd v James Penny & Ors
  Acting (as sole counsel) for the claimant company against its former managers who were alleged to have deprived it of substantially the whole of its business. Claims included breach of fiduciary duty, breach of confidence, passing off and conversion. Obtained substantial pre-action injunctive relief.

• Go Science Ltd (in liquidation) v Shell International Exploration and Production BV & Ors
  Acting (with David Wolfson KC) for the Defendant multinational oil and gas companies, defending a claim for US$87 million.
• Clermont Energy Partners LLP v SDP Services Ltd
  Acting (with David Wolfson KC) for an oilfield services company in respect of dealings with two Nigerian oil blocks.
• Tullow Uganda Ltd v Heritage Oil and Gas Ltd & Anr [2013] EWHC 1656 (Comm); [2014] EWCA Civ 1048
  Acting (with David Wolfson KC) for the claimant in a $313m claim concerning various petroleum exploration and development rights. The claim resulted in a 3-week Commercial Court trial and a two day Court of Appeal hearing.
• Advising an oil company on its rights under a sale and purchase agreement.
• Tidewater Marine International Inc v PhoenixTide Offshore Nigeria Ltd & Ors
  Acting (with Sa’ad Hossain KC) for the individuals behind a Nigerian oil and gas services company.
• Rockover Energy Ltd & Ors v Les Etablissements Maurel et Prom S.A.
  Acting (as sole counsel) for the claimants, which had sold their rights in two petroleum exploration areas in Gabon to the defendant oil company.
• ICC Arbitration 
  Advising (as sole counsel) one of the world’s largest engineering and electronics companies in an arbitral claim against one of the world’s largest natural gas companies.

• Air Arabia PJSC v Arif Masood Naqvi
  Acting (as sole counsel) for the applicant, obtaining permission to enforce three DIAC arbitral awards in England and a supporting worldwide freezing injunction.
• Holdcroft Properties Ltd & Anr v Goodwin Steel Casings Ltd
  Acting (as sole counsel) for the respondent foundry, successfully resisting the vast bulk of an application for pre-action disclosure and the taking of samples from the respondent’s property.
  
• Hayes v Liberal Democrats
  Acting (as sole counsel) for the respondent political party, successfully resisting an American Cyanamid injunction seeking the reinstatement of a former senior Party member: [2022] EWHC 2508.
• Red Fort Capital Inc v Lockton Companies LLP
  Acting (as sole counsel) for the Respondent international insurer, resisting a pre-action disclosure application in the context of fraud allegations.
• Terre Neuve SARL v HSBC Bank Plc
  Acting (as sole counsel) for the claimant. Obtained an urgent Norwich Pharmacal / Bankers Trust order so that those responsible for misappropriation of c.€9 million could be identified.
• Arcadia Petroleum Ltd & Ors v Bosworth & Ors [2017] EWHC 3160 (Comm)
  Acting (with Steven Thompson KC) for the Sixth Defendant to high-profile, c.$330 million fraud proceedings arising out of West African oil trading. Applied to discharge the freezing order on a variety of grounds.
• Barclays Bank Plc v Svizera Holdings BV & Anr
  Obtaining (as sole counsel) a worldwide freezing order in the sum of $38 million, during the course of ongoing proceedings.
• GIA v Law and Anr
  Acting (as sole counsel) for the applicant, obtaining search and computer imaging orders in a misuse of confidential information and misappropriation of assets case.
• Sloane House Ltd v Fleury & Ors
  Obtaining (as sole counsel) on multiple occasions freezing, asset disclosure, computer imaging, evidence preservation and passport delivery up orders.
• Tidewater Marine International Inc v PhoenixTide Offshore Nigeria Ltd & Ors
  Acting (with Sa’ad Hossain KC) for the individual respondents to a worldwide freezing order in respect of their application to vary the order and permit access to substantial sums held in Switzerland (reported at [2015] EWHC 2748 (Comm)), and in respect of their applications challenging jurisdiction and seeking the discharge of the freezing order.
• Prestige Carriages Ltd v Elite Sports Cars Ltd & Anr
  Obtaining (as sole counsel) urgent delivery up, preservation and information orders in relation to a fleet of luxury cars.
• Jackson Lifts v Billingsley
  Acting (as sole counsel) for the claimant. Obtained an urgent Norwich Pharmacal order against a senior employee

• AML Creditor Recovery Vehicle PTC v Shandong Iron & Steel Group Co Ltd & Ors
  Acting (led by Camilla Bingham KC) for the claimant creditor recovery vehicle, advancing claims for hundreds of millions of dollars arising out of the appropriation of an iron ore mine. A complex 1-week jurisdiction hearing occurred in July 2023, which is now subject to appeal.
  
• ED&F Man Capital Markets Ltd v Straits Financial Group Pte Ltd & Anr
  Acting (led by Lord Wolfson KC) for the Defendant members of a large Singaporean corporate group, alleged to be vicariously liable for the participation of an employee in a large international fraud worth US$280 million. Jurisdiction challenge issued on multiple grounds; the claim settled prior to the hearing of that challenge.
• Lopesan Touristik SA v Apollo European Principal Finance Fund
  Acting (with Laurence Rabinowitz KC and Michael Watkins) for the Defendants, applying a stay under Article 30 of Brussels Recast in the context of successfully resisting the Claimant’s attempt to expedite the proceedings ([2020] EWHC 2642 (Comm) and [2020] EWHC 2829 (Comm)).
• Tidewater Marine International Inc v PhoenixTide Offshore Nigeria Ltd & Ors [2015] EWHC 2748 (Comm)
  Acting (with Sa’ad Hossain KC) for the individual defendants in respect of their applications challenging jurisdiction on the basis of foreign governing law.
• Bullimore v Northern and Western Insurance Company
  Acting (as sole counsel) for the Caribbean-domiciled defendant contesting English jurisdiction. The application involved numerous conflict of laws and jurisdiction issues and culminated in a 1-day hearing.
• New England Technical Services Ltd v Sanmina-SCI Corporation
  Acting (with Sa’ad Hossain KC) for the claimant in relation to permission to serve out of the jurisdiction, relying on the mandatory application of the Commercial Agents (Council Directive) Regulations 1993.
• Advising (with David Wolfson KC) foreign introducing agents in respect of jurisdiction and conflict of laws issues arising in respect of their tortious and contractual claims against a number of European financial institutions and individuals.

• Three sets of linked Enforcement proceedings
  Acting (as sole counsel) for the Enforcement team of the Financial Conduct authority, successfully advancing Enforcement’s case for prohibition and financial orders before the RDC.
• Financial Conduct Authority v Tinney [2019] UKUT 0227 (TCC) 
  Acting (with Benjamin Strong KC and as sole advocate) for the Authority in high-profile Upper Tribunal proceedings seeking to uphold and extend the prohibition and public censure orders made by the Authority against a former senior Barclays banker for lack of integrity.
• World First UK Limited v Newstar Garments Ltd
  Acting (as sole counsel) for the claimant financial company, seeking to enforce a close out amount of c.£1.8 million and resist a counterclaim for c.£4.4 million arising out of the alleged misselling of FX derivatives in breach of various COBS obligations.
• Acting for the FCA (with Rory Phillips KC) in relation to The Prudential Assurance Company Ltd’s domestication of its long-term insurance business carried on in Hong Kong.
• Advising the FSA (with Ian Glick KC) on the rights and interests of with-profits policyholders in the with-profits fund of proprietary and mutual insurance companies.
• Advising the FSA (with Ian Glick KC) on the FSA’s rule-making powers in relation to the with-profits fund of a proprietary life insurance company.
• Advising two structured product issuers (with Daniel Toledano QC) on their compliance with the FSA’s rules on financial promotion.