AB Bank (Off-Shore Banking Unit) OBU v Abu Dhabi Commercial Bank PJSC [2016]

EWHC 2082 instructed in a significant Norwich Pharmacal / Bankers Trust case involving a number of international banks. Proceeding in the Commercial Court. Considers a number of difficult extra-territorial issues relating to jurisdiction (incl. jurisdictional gateways), procedure and discretion, including whether the English Court has jurisdiction to permit service out of a “Norwich Pharmacal” application against an international bank where the only action currently proceeding against that international bank is the NP application itself.

O v P [2013] EWHC 3855 (Comm)

Instructed to advise in relation to and to appear on behalf of international logistics group company Applicant/Intended Claimant in ex parte application in Commercial Court for an anti-suit injunction and declaratory relief. Advice in relation to shipping Agency dispute and evidence generally and more specifically in relation to procedure and anti-suit injunction, supporting declaratory relief.

Confidential (2016)

Instructed in significant civil fraud matter issued in Commercial Court. Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

Confidential (2016)

Instructed to advise Owner of yacht (lost in a fire/sinking) in relation to potential claim against Lloyd’s Underwriters/brokers regarding alleged material non-disclosures and alleged failure to comply with insurance policy subjectivities

LS

Instructed to advise on an urgent basis in relation to financing dispute which had arisen between shipyard and Owner company.

H

Rachel is instructed to advise Owners’ insurers in relation to a substantial cargo dispute. Rachel’s assistance was required at the outset in particular regarding vessel arrest and anti-suit injunctive relief.

X

Rachel is instructed to advise Owners in relation to a jurisdictionally complex contractual warranty dispute.

V

Instructed as Junior Counsel in relation to a complex shipbuilding dispute. Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

Project S

Represented Defendant (counterclaiming) shipyard in lengthy arbitration in relation to a multi-million Euro dispute which has arisen with the Owner of a multi-million Euro “superyacht”. Defending claims for liquidated damages and advancing claims for Permissible Delay and damages for additional build costs, breach of terms of build contract, including terms relating to advertising and promotional activities and late payment of instalments. Claims form part of an intellectual property dispute which has arisen with the Owner. Rachel was most recently involved in 2015 in relation to the Commercial Court appeal and complex costs disputes.

Project X

Represented Respondent purchaser of “superyacht” defending a claim for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of Respondent’s obligation of confidentiality arising under that agreement. Counterclaim arising out of various alleged breaches by the Claimant of clauses of the Agreement, fiduciary and other duties.

Project Y

Instructed on behalf of Purchaser of multi-million Euro “superyacht” to advise and appear at LMAA Arbitration in relation to ongoing disputes which arose with the Builder during construction of the “superyacht”. Disputes concerned allegations regarding “changes and modifications”, late delivery of decisions, late supply, costs overruns and time delays.

Confidential (2016)

Instructed to represent Purchaser of superyacht in relation to its multi-Euro damages claim against yard for breach (material non-compliance with Contract and Technical Specifications) and unlawful termination of yacht building Contract.

Grenco BV v J & E Hall Limited, Jackstone Froster Limited & Others

Acted as Junior Counsel on behalf of Defendant suppliers of vertical stack plate freezers for industrial use on land and on-board ocean-going vessels. Defending substantial claims for damages and loss of profits for breach of contract and/or negligence concerning amongst other things the design and supply of aluminium freezers. Numerous points arising for consideration and advice in relation to expert issues of plate susceptibility to corrosion, corrosion inhibitors, design and integrity of marine freezer systems, weld procedures and general causation and mitigation.

GEAG v A & P

Instructed to advise and represent Claimant in its Commercial Court claim against supplier of alleged faulty fully welded plate heat exchanger installed in major UK refrigeration plant.

A v H

Junior Counsel in relation to potential claims against land management company regarding (i.a.) conduct at Planning Inquiry; concerned tenders for planning permissions for development sites for motorway service stations; possible breaches of joint venture agreement.

AMEC v The Secretary of State for Transport (Instructed by the Treasury)

Rachel acted as Junior Counsel for the Secretary of State for Transport in multi-million pound heavy contractual dispute. SoS for Transport was defending complex allegations of disruption and delay by the contractor. Multi-million pound counterclaim concerning overpayments, revisions of various extensions of time and reimbursement of liquidated damages etc. Wide-ranging civil engineering and programming issues. Heavily involved in drafting and presenting engineerwitness evidence.

SM v Secretary of State for Transport

Instructed by and advising Defendant in relation to a substantial s278 Highways Act contribution dispute which arose with Developer of major (road) construction scheme.

H v HMM

Advice in relation to breaches of shipping Agency Agreement, jurisdiction and alleged breaches of the Commercial Agents Directive Regulations.

Bim Kemi v Blackburn Chemicals [2002] EWHC 25 (Comm)

Instructed as junior Counsel in 4-week trial - claims and cross claims for breaches of knowhow licence and distribution agreements. Presentation of complex evidence in relation to chemical specifications/compositions.

Glencore International AG (and others) v Metro Trading International Inc, (and others)

Multi-party complex litigation, conflict of laws, relevant rules of Fujairah and English law, title to blended/commingled oil and priorities, jurisdictional issues). Numerous interlocutory applications in relation to subsidiary claims including freezing injunction relief, second junior Counsel and junior Counsel in relation to Phase 1 and Phase 2 of the litigation [2001] 1 Lloyd’s Rep 284 (Phase 1); appeared as junior Counsel in Court of Appeal appealing first instance decision granting anti-suit injunction relief against shipowners [2002] EWCA Civ 528.