Disputes

Advised BHP Group PLC, the multinational mining, metals and petroleum company, and associated companies, on the defence of one of the largest class actions ever commenced in England. The claim raises highly topical issues of law and is of keen interest to UK-headquartered multinationals with exposure to litigation risks in third countries.

Advising BAT plc in the successful defence of the SFO’s investigation of suspicions of corruption in the conduct of business by BAT, its subsidiaries and associated persons in a number of jurisdictions. The SFO announced in 2021 that it will not be pursuing any charges against any BAT entities, and so closed its investigation.

Advising MAN SE, the leading truck manufacturer, in several high-profile, high-value damages actions following the European Commission’s truck cartel investigation. Two of the claims, in the Competition Appeal Tribunal, will test the UK collective proceedings regime, which has not yet seen any claims proceed past the certification stage. The scope and extent of the litigation makes it one of the most significant competition law-related disputes of recent years.

Advising Credit Suisse in High Court litigation relating to bribery and corruption allegations arising out of the US$2 billion financing of state tuna fishery and maritime security projects in the Republic of Mozambique between 2013 and 2016, known colloquially as the “tuna bond scandal”.

Defending Shell PLC and its Board of Directors in respect of a derivative action brought by ClientEarth, a minority shareholder, based on allegations of breaches of directors’ duties in respect of the Board’s management of Shell’s climate change related risks and response.

Advised Danske Bank in relation to investigations by US and Danish criminal and regulatory authorities regarding issues arising out of its former Estonian branch. This resulted in a US$2 billion global resolution with the US Department of Justice, the US Securities and Exchange Commission and Danish criminal authorities in December 2022.

Advising JP Morgan Chase Bank in relation to both the High Court litigation and the competing applications for Collective Proceedings Orders brought in the Competition Appeal Tribunal arising out of the global forex investigations (which resulted in fines totalling over US$8.5 billion).

Acting for Malcolm Brinded the former Executive Director and Board Member of Royal Dutch Shell, in relation to criminal investigations into allegations of bribery by the Milan Public Prosecutor and other criminal authorities, and subsequently defending him in an 18 month criminal trial in the Milan Court of Justice under Italian law. Mr Brinded (and Shell, Eni, and other individuals) have been charged with bribery offences in connection with the OPL245 oil deal in Nigeria. The Federal Government of Nigeria has also joined into the trial as a civil claimant seeking damages of approx. US$1bn. The trial has been described in the press as the largest ever bribery trial.

Advised Zurich Insurance plc in the landmark financial markets test case brought by the Financial Conduct Authority on behalf of thousands of business interruption insurance policyholders as a result of the COVID-19 pandemic, with a potential value of several hundreds of millions of pounds at stake and an impact on the wider insurance market far beyond the parties involved in the current case.

Advised Glencore under investigation by the SFO and investigative agencies in the US, Switzerland and Brazil in respect of allegations of corrupt conduct.