cases

Cases

Examples of International Arbitrations, High Court and Court of Appeal cases in which we have acted include:

Sheikh Mohamed Al Jaber & Ors v. Salfiti and Bosheh – November 2018

CANDEY successfully acted for Basem Bosheh against Sheikh Mohamed Bin Issa Al-Jaber, a renowned international businessman who is listed in the Sunday Times Rich List 2018 as being in the top 20 richest people in the UK.

Al Jaber had obtained worldwide multi-million pound freezing orders against a Palestinian banker and UK solicitor and an injunction preventing the appointment of a receiver over Al Jaber’s residential home. The orders had been obtained without notice at an ex parte hearing on the basis of allegations that the Defendants had defrauded him in respect of various loan agreements.

Al Jaber was found to have misled the Court, and failed to disclose material facts, leading to an unfair presentation of the case. Contrary to Al Jaber’s assertions that he would never borrow money above 12%, the Judge found that he has a history of borrowing money at very high interest rates and that he had signed facility agreements at a much higher rate.

CANDEY succeeded in discharging all the Court Orders and lifting the injunctions with an order penalising Al Jaber, requiring him to pay CANDEY’s client’s costs on an indemnity basis. In a resounding judgment for CANDEY’s client  the Judge found that Al Jaber’s presentation of the evidence at the ex parte hearing was “unacceptably one-sided” and his “failure to provide full and frank disclosure was wholesale.” The Court commented that Al Jaber’s multiple breaches of non-disclosure were so serious, substantial and culpable as to warrant discharging the freezing order and injunctions.

 [2018] EWHC 3038 (Ch) Read the Judgment here.

CANDEY Court of Appeal Win Against KPMG – October 2018

London litigation boutique CANDEY secured a third substantial victory against liquidators at KPMG in a Court of Appeal judgment handed down on 16 October 2018 [Crumpler & Bower v CANDEY [2018] EWCA Civ 2256].

CANDEY acted for Peak Hotels and Resorts Limited (Peak) in complex litigation in London, the BVI, New York and Hong Kong in respect of the $368 million shareholder dispute over the ownership of Aman Hotels, the uber luxury hotel group favoured by billionaires (a case described as “a takeover battle the likes of which the luxury hotel-industry has never seen” and as featured in The Lawyer ‘Top 20 Cases of 2015’). The London litigation alone involved 8 High Court Judges. As Peak’s cash began to run out CANDEY agreed to cease charging hourly rates and instead agreed a fixed fee of £3.8 million to help Peak finance the litigation to the end of the proceedings. 8 weeks before trial, Peak entered liquidation. The liquidators instructed CANDEY to continue to represent them, but only 3 weeks later sacked them, minutes after having secured a substantial multi-million dollar settlement.

CANDEY had by this time incurred £1.2 million of notional hourly rates but was able to claim as a secured creditor for the full amount of the fixed fee. The liquidators challenged the security which comprised chiefly of monies paid into Court. The liquidators argued that where monies had been paid into Court, by way of security for costs and fortification of a cross undertaking in damages, the paying party loses all right in the monies. CANDEY disagreed. They contended that the paying party retains an interest in the monies, a right to demand its return on success, and that right was capable of being charged.

In June 2017 His Honour Judge Davis-White QC found in favour of CANDEY holding that it had a floating charge over the $12 million in funds paid into court and a further $1.5 million recovered from Standard Chartered Bank [Crumpler & Bower v CANDEY [2017] EWHC 1511 (Ch) www.bailii.org/ew/cases/EWHC/Ch/2017/1511.html]. At a further hearing in November 2017 His Honour Judge Raeside QC valued CANDEY’s services at the contractual price of £3.8 million plus interest.

KPMG appealed against both decisions. The appeal against the decision of HHJ Davis-White QC was today unanimously rejected by the Court of Appeal. Sir Colin Rimer, who delivered the judgment, said:

“In my judgment, the current of .. authority flows firmly in favour of CANDEY and against the liquidators: namely that the payer of money into court by way of providing security…retains its property in the money… subject to the security interest…I would also regard such current as flowing in the correct direction”.

[2018] EWCA 2256 (Civ). Read the Judgement here.

LCIA Arbitration – Shareholder Dispute over Russian Bank

CANDEY is acting on behalf of a Russian company in a multi-jurisdictional arbitration dispute involving Russia, Cyprus and England. The case concerns a shareholder dispute between two Cypriot companies in respect of the disputed ownership of a significant Russian bank. James Collins and Yuri Botiuk are the lead partners, assisted by Mei Wong.

LCIA Arbitration – Shareholder Dispute over Russian Mine – October 2018

CANDEY is acting in a LCIA Arbitration for BVI entities involved in a dispute over a Cypriot joint venture regarding a Russian mining operation. James Collins, Yuri Botiuk and Audrius Zakarauskas are the lead partners, assisted by Mei Wong.

Finnan v. Finnan –  March 2018

CANDEY acted for former Liverpool football player Steve Finnan in a High Court Section 994 unfair prejudice petition involving substantial property assets. The case settled on the third day of trial.  Andrew Dunn was lead partner, assisted by Jonathan Child.

Kotak v. Kotak – March 2018

CANDEY acts for Jagdish (Jack) Kotak in a complex partnership dispute against his brother, Dinesh (Don) Kotak. The High Court found that multi-million pound borrowings were obtained without our client’s knowledge by forging his signature on some 20 loan agreements and 7 legal charges, with significant amounts of partnership funds being used for other commercial activities. The Judgment is a complete vindication for our client who was exposed  to considerable financial risk without his authority or consent.  Richard Singleton is lead partner.

[2018] EWHC 318 (Ch). Read the Judgment here.

Farrar v. Miller [2018] EWCA Civ 172 – Court of Appeal – February 2018

CANDEY acts on behalf of a client who entered into a joint venture with his former business partner concerning the development and sale of lucrative development land. Our client alleges that the Defendant secretly misappropriated the property for his own profit. In an important recent Court of Appeal judgment, CANDEY successfully advised its client regarding the availability and scope of equitable remedies in circumstances where the contractual documents did not comply with statutory requirements regarding the transfer of land. We defeated the Defendant’s appeal with regard to the equitable principles of constructive trusts and proprietary estoppel, and successfully cross-appealed in respect of our client’s claim for breach of fiduciary duty.

The Defendant has appealed to the Supreme Court.  Richard Singleton is lead partner.

[2018] EWCA 172 (Civ) (Patten, Kitchin & Floyd LLJ). Read the Judgment here.

Dial Partners LLP and Dial House Consultants Limited v. Eastern Airways International Limited, Bryan Huxford and Richard Lake

Acting for a corporate finance house against an airline owner in Commercial Court proceedings in respect of a breach of contract/unjust enrichment claim.   Richard Singleton and Leo Nabarro were lead partners. The case settled on the eve of trial, following which there was a preliminary issue on costs, clarifying the law on switching from a damages based fee agreement to a conditional fee agreement.

[2018] EWHC B1 (Costs). Read the Judgment here.

Russell Crumpler & Anr (as joint liquidators of Peak Hotels and Resorts Limited) v. CANDEY Limited – Chancery Division, Companies Court – December 2017

Following the settlement by liquidators of The Lawyer 2015 top 20 case in which CANDEY acted for PHRL to secure control of the uber-luxury boutique hotel group, Aman Resorts, a dispute arose between CANDEY and KPMG, the liquidators of PHRL who challenged the firm’s secured fixed fee.

It was held that CANDEY had a floating charge in the sum of the value of services provided by CANDEY which in the context of s.245 Insolvency Act 1986 was held to be the sum of the fixed fee agreed of £3.86 million as opposed to the hourly rates expended of £1.2 million as contended by the liquidators. Judgment was given by HHJ Raeside QC in CANDEY’s favour in the sum of £4.4 million plus costs.

The question of whether CANDEY LLP can recover a further 100% uplift on its fees is set to be determined by the High Court in July 2018.

KPMG have appealed to the Court of Appeal.

[2017] EWHC 3388 (Ch). Read the Judgment here.

Russell Crumpler & Anr (as joint liquidators of Peak Hotels and Resorts Limited) v. CANDEY Limited – Chancery Division, Companies Court – July 2017

The joint liquidators (KPMG) sought to avoid making payment to CANDEY by contending that their security was ineffective.  The matter was brought in London pursuant to the insolvency cross-border regulations and following the judgment of HHJ Malcolm Davis-White QC has made new law on the value of legal services and Section 245 (6) of the Insolvency Act 1986. CANDEY were successful in the proceedings with the Court finding that CANDEY had a floating charge over $12 million in funds in Court and a further $1.5 million recovered from Standard Chartered Bank.

KPMG have appealed to the Court of Appeal.

[2017] EWHC 1511 (Ch). Read the Judgment here.

Peak Hotels & Resorts Ltd v. Tarek Investments Ltd & Ors.

We acted for Peak Hotels in Peak Hotels & Resorts Ltd v. Tarek Investments Ltd & Ors. The case concerned a $400 million joint venture dispute over Aman Resorts, a collection of leading luxury resorts and hotels in Asia, Europe and the Americas. The defendants included Russian billionaire, Vladislav Doronin, and the CEO of Head N.V., Carol Johan Eliasch. The case came before the Chancery Division on a multitude of occasions, resulting in a variety of injunctions being granted in our client’s favour.   This case was described by Departures magazine as “a takeover battle the likes of which the luxury hotel-industry has never seen”.  The case was listed as one of The Lawyer’s Top 20 Cases of 2015.  Ashkhan Candey, Andrew Dunn and Leo Nabarro were lead partners.

Jinpeng Group Ltd v. Peak Hotels & Resorts Ltd

We acted for Peak Hotels, before the Commercial Division of the High Court of the British Virgin Islands, in the case of Jinpeng Group Ltd v. Peak Hotels & Resorts Ltd, and before the Eastern Caribbean Court of Appeal.  The Caribbean proceedings concerned a dispute arising from a US$ 35 million convertible loan facility with a state investment vehicle, controlled by the People’s Republic of China.  Ashkhan Candey, Andrew Dunn and Leo Nabarro were lead partners.

Monde Petroleum SA v. WesternZagros Ltd

Acting for Monde Petroleum SA in the matter of Monde Petroleum SA v. WesternZagros in an ICC Arbitration which Monde won on all grounds. The claim related to a lucrative billion dollar oil and gas agreement in respect of 2000 square kilometres of oil fields in the Kurdistan region of Northern Iraq.  We succeeded in evidencing in the High Court that Monde had been deceived by WesternZagros’s Directors.  Ashkhan Candey and Leo Nabarro were lead partners.

[2015] EWHC 67 (Comm). Read the Judgment here.

[2016] EWHC 1472 (Comm). Read the Judgment here.

Barclays Bank Plc v. Langraf & Ors

We acted for three of four senior lawyers in Barclays Bank Plc v. Langraf & Ors. The case concerned the collapse of US law firm, Dewey & LeBoeuf, and claims by Barclays against former partners in that law firm for repayment of partner capital loans. It was listed by The Lawyer as one of the Top 20 cases of 2015. We succeeded in defeating the bank’s summary judgment application and confidential settlements were thereafter obtained for our clients.  Andrew Dunn and Lara Robson were lead partners.

[2014] EWHC 503 (Comm). Read the Judgment here.

Adriaan Zecha

We acted for Peak Hotels & Resorts Ltd and legendary international hotelier, Adriaan Zecha, in US $50 million Hong Kong arbitration proceedings and related Hong Kong High Court proceedings. Ashkhan Candey and Andrew Dunn were lead partners.  We continue to represent Adriaan Zecha in proceedings in the British Virgin Islands.

Brova Consultatoria De Gestao, Unipessaol LDA and Swiss Garantie Issuance AG

Acting for Brova Consultatoria De Gestao, Unipessaol LDA and Swiss Garantie Issuance AG in claims against Credit Suisse (UK) Limited arising from alleged fraudulent misrepresentations by Credit Suisse alleged rogue director, Hans Olav Eldring, and a €150 million guarantee.  Andrew Dunn was lead partner.

Financial Conduct Authority v. Capital Alternatives Limited & Ors

Acting for one appellant in the Court of Appeal and in the Supreme Court of the United Kingdom in the matter of Financial Conduct Authority v. Capital Alternatives Limited & Ors, a case concerning the Financial Services and Markets Act 2000 and the operation of Collective Investment Schemes. Andrew Dunn was lead partner.

[2014] EWHC 144 (Ch). Read the Judgment here.

[2015] EWCA 284 (Civ). Read the Judgment here.

Xuzhou Construction Machinery Group Import and Export Company Limited

Acting for Xuzhou Construction Machinery Group Import and Export Company Limited, China’s leading manufacturer of heavy construction machinery, in two multi-million dollar arbitrations brought by GMT Maquina E Equipamentos Ltda of Brazil.  Ashkhan Candey and Richard Singleton were lead partners.

Richard Brown v. The Queen

In January 2003, our client, Mr Brown, was convicted of the murder of Errol Lynch in September 1998 in Jamaica. Our client was sentenced to life imprisonment with hard labour for a minimum of 25 years until parole.  However, Mr Brown has a significant history of mental illness and has been diagnosed with schizophrenia. The case examined whether his conviction for murder was unsafe in light of his diagnosis.  Our team advised Mr Brown on a pro-bono appeal to the Judicial Committee of the Privy Council (JCPC) of his murder conviction and sentence. The JCPC did not overturn Mr Brown’s conviction, but sent his case back to the Jamaican Court of Appeal for re-sentencing which led to a reduction of his sentence by eight years.