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Area of Law: Philip Marshall KC
On 26 January, the Court of Appeal handed down its judgment in The Public Institution for Social Security v Al Rajaan & others [2022] EWCA Civ 29. The Court dismissed the Claimant’s appeal, which was heard over three days in December 2021, and confirmed that the English court has no jurisdiction to hear bribery and money-laundering claims against a number of Swiss-domiciled individuals and entities.
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Elizabeth Jones QC, Justin Higgo QC, Gareth Tilley, Paul Adams, Zahler Bryan, and Oliver Jones continue to act for Kea Investments in the ongoing litigation against Eric Watson, following the substantial judgment obtained against Mr Watson for deceit and breach of fiduciary duty in 2018. This year resulted in notable decisions on the circumstances in which a defendant can have resort to assets subject to a freezing or proprietary injunction when there is an unsatisfied judgment debt ([2020] EWHC 472 (Ch)), a judgment creditor’s right to be subrogated to the position of a bank that had used money held on trust for the judgment creditor to satisfy debts of its customer, the judgment debtor ([2020] EWHC 309 (Ch)) and, in a judgment reaffirming the risk taken by litigants who deliberately breach court orders, Mr Watson was committed to prison for 4 months for failing to disclose assets which were made available for his use ([2020] EWHC 2599 (Ch); [2020] EWHC 2796 (Ch)). Mr Watson’s application to stay the committal order was refused.
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Philip Marshall QC, Jonathan Harris QC (Hon.) and James Mather are acting for Abu Dhabi Commercial Bank in State of Qatar v Emirates NBD Bank, one of the largest claims to be brought in the English High Court, in which claims are brought against the bank by the State of Qatar in conspiracy said to arise out of an alleged international scheme to manipulate the value of Qatari currency and bonds connected with the so-called ‘blockade’ of Qatar by neighbouring Gulf states causing the Qatari Central Bank to have to deposit US$13 billion.
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Philip Marshall QC and Matthew Morrison continue to act for Business Energy Solutions (BES) in respect of proceedings arising from the obtaining and execution of search warrants, and an ongoing trading standards investigation into BES’s affairs. The claims, which seek damages for misfeasance in public office and just satisfaction under the Human Rights Act 1998, raise novel points of public and private law including immunity from suit. The 12-day trial commences in November 2021.
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Jonathan Adkin QC and Charlotte Beynon act for the fourth defendant and Philip Marshall QC and Simon Hattan for the fifth defendant in Public Institution for Social Security of Kuwait v Al-Rajaan and Ors, one of the largest fraud claims ever heard in the Commercial Court. PIFSS alleges that the defendants are liable for over US$800m as a result of a large-scale fraud perpetrated by its former director general, Mr Al-Rajaan, in conjunction with the other defendants. The Serle Court contingent recently successfully challenged the jurisdiction of the English Court to hear the claims against their clients, with the Court directing that the claims should be heard in Switzerland, a decision which the Claimant has been given permission to appeal.
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Philip Marshall QC and Oliver Jones continue to represent Emmerson International Corporation and several other defendants and claimants by way of counterclaim and ancillary claim in proceedings in the BVI in a dispute worth circa US$1bn between two prominent Russian businessmen and associated parties concerning a joint venture in relation to power generation and distribution assets in Russia (Renova Industries Ltd & Ors v Emmerson International Corporation & Ors). The proceedings involve contractual claims and claims for breach of trust and dishonest assistance, deceit, conspiracy to injure and other economic torts. There were numerous interlocutory hearings and appeals in 2020, including a successful appeal by Emmerson against the lower court’s decision to set aside certain amendments to its claims (BVIHCMAP 2019/0017), applications made by Emmerson for anti-suit injunctions in relation to proceedings brought in Russia (currently subject to appeal) and Cyprus, and an application by the Renova parties for an order that Emmerson be required to share legal representation with certain other parties notwithstanding that there is a conflict of interests between them. Judgment of the ECCA is also pending on Emmerson’s appeal against the lower court’s decision to impose a confidentiality club in relation to disclosure ordered to be given ancillary to a freezing injunction obtained by Emmerson, which will be the first appellate decision on the subject in the BVI.
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Public Institution for Social Security of Kuwait v Man Group PLC plus 37 other defendants, involving Jonathan Adkin QC and Charlotte Beynon for the fourth defendant and Philip Marshall QC and Simon Hattan for the fifth defendant, is one of the largest fraud disputes ever heard in the commercial court. in its High Court claim, the Public Institution for Social Security alleges it is owed $847.7 million as a result of a large-scale fraud by its former director-general, Fahad Maziad Rajaan Al-Rajaan. With allegations of bribery and corruption spanning three decades. This case featured in The Lawyer's Top 20 Cases of 2020.
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Philip Marshall QC and Matthew Morrison represented the Independent Directors of Carlyle Capital Corporation defending liquidator claims seeking US$1bn for alleged breaches of fiduciary duty and wrongful trading. The case involved a number of complex legal issues relating to directors' duties, wrongful trading, statutory remedies, causation and quantum not previously considered in Guernsey.
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Philip Marshall QC and James Mather acted for Constantin Medien in a claim against Bayerische Landesbank for US$130m arising out of the sale in 2006 of the bank's stake in Formula One under the influence of a bribe paid to its senior official.
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