Ewan is a partner in our Disputes and Investigations group, and Co-Head of our Global Investigations practice. He has a broad-based contentious practice with a particular focus on financial institutions, acting in both litigation and regulatory investigations. Ewan also advises on corporate crime, competition claims, shareholder disputes and tax appeals.
Highlights include advising:
- John Wood Group on an investigation by the SFO into alleged bribery at certain AMEC Foster Wheeler companies it acquired in 2017 and strategic advice on parallel international investigations by the US, Brazilian and Scottish authorities, and on subsequent settlements. A Deferred Prosecution Agreement with the SFO was approved by the Court and announced in July 2021.
- JPMorgan Chase Bank on cross-border investigations conducted by the FCA, DoJ, and other regulators worldwide in relation to alleged misconduct in the G10 spot FX market, and on the subsequent settlements. Ewan is also acting on the defence of civil claims brought in the UK following the regulatory decisions. In a judgment issued in April 2022, the Competition Appeals Tribunal declined to certify collective proceedings on an opt-out basis.
- Standard Life Aberdeen (SLA) group in an arbitration with Lloyds Banking Group in respect of the termination of a long term investment management contract. The arbitral tribunal ruled in SLA’s favour in March 2019.
- Zurich Insurance plc on the high profile business interruption insurance test case brought by the FCA against a range of insurers during the Covid pandemic.
- A FTSE 100 institution in a FCA investigation relating to the sale of non-advised annuities.
- Infineon in its defence of claims brought in the High Court by three companies who allegedly suffered losses as a consequence of anti-competitive conduct in the dynamic random access memory market. Following a successful challenge by Infineon, the claims of two of the claimants were struck out on limitation grounds in 2020.
- Deutsche Bank in relation to extensive regulatory investigations into the setting of various interbank benchmark rates – including LIBOR – over a number of years across multiple jurisdictions, including the US, UK and Germany, and on the subsequent coordinated settlements.
- Banco Santander Totta in successful litigation relating to the validity of interest rate swaps entered into on ISDA terms between the bank and Portuguese public sector companies.
- A multinational engineering and consulting company in relation to an investigation into allegations of accounting misconduct.
- A leading hedge fund in tax appeals relating to its partner incentivisation arrangements.
- The executive team and owners of Charterhouse Capital Partners, a private equity firm, in their successful defence in both the High Court and Court of Appeal of an unfair prejudice petition brought by a retired partner.
- The Boards of various clients in relation to their oversight of regulatory investigations and proceedings.
- A leading European financial institution on litigation relating to a bond issue.
- The Reed Group in the Court of Appeal and below on appeals against HMRC tax assessments relating to a travel to work benefit scheme operated over a 6 year period, and on related judicial review proceedings and claims against Reed’s professional advisers.
Described as “a very clever and technical lawyer” Ewan is recognised as a leading individual for Banking Litigation in Chambers and Partners 2023.
Ewan is also recognised as a “Hall of Fame” individual in Legal 500 2023 for Banking Litigation: Investment and Retail and as a Leading Individual for Financial Services: Contentious, Legal 500 2023. Who’s Who Legal 2022 list Ewan as a Global Leader for Business Crime Defence – Corporates 2022 and Investigations 2022. He is also recognised by Who’s Who Legal as a Thought Leader in Investigations 2022.
Ewan is recognised as a “standout” with “wide expertise”. He “is great for difficult issues, and is quick to win the confidence of boards and senior stakeholders.” Legal 500 2023, Financial Services: Contentious
Clients say Ewan is “calm and considered” and “a brilliant lawyer”. Legal 500 2023, Regulatory Investigations and Corporate Crime
“An expert in FCA investigations”, he is endorsed by sources as a “very strong litigator” and a “brilliantly clever lawyer”. Legal 500 2022, Banking Litigation: Investment and Retail and Legal 500, Financial Services: Contentious