Professional practice

C&P 2017

Ciaran is ranked in the legal directories in six practice areas:

Commercial Dispute Resolution
(Chambers Global 2017; Chambers UK 2018; Legal 500 2016; Legal 500 2017);
Commercial Chancery (Chambers Global 2017; Chambers UK 2018);
Banking and Finance (Legal 500 2016, Legal 500 2017);
Civil Fraud (Legal 500 2016; Who’s Who Legal: UK Bar 2018; Legal 500 2017);
Energy (Legal 500 2016; Legal 500 2017);
and Partnership (Chambers UK 2018).

Ciaran is commended by commentators as an “outstanding” and “sublime” leading senior junior. He is described as “extremely intelligent, incredibly user-friendly, responsive [and] practical” and “junior counsel of choice for a number of leading instructing solicitors and silks, who is just as comfortable appearing in the Commercial Court as the Chancery Division”.

Ciaran’s practice includes commercial and commercial chancery litigation and arbitration, civil fraud, banking and financial services related litigation, company, partnership and insolvency matters, energy and minerals, fiduciaries and professional negligence. He is regularly instructed in large scale international disputes (including enforcing and challenging arbitral awards, international debt recovery and obtaining and resisting freezing orders) and cases involving questions as to the appropriate choice of law or jurisdiction.

Ciaran has also acted in a number of claims for and against sovereign states (for which he is described as “the foremost junior on questions of sovereign immunity at the Bar”: Legal 500).

Ciaran also has a notable offshore practice, having been instructed on disputes in, among others, Jersey, the British Virgin Islands, the Cayman Islands and Hong Kong. He has been admitted as a member of the Bar of the British Virgin Islands.

Ciaran was formerly a Member of HM Diplomatic Service (serving at the United Nations and the British Embassy, Lisbon).

 

What Others Say

Commercial Dispute Resolution/Commercial Litigation

 ‘A brilliant junior.’ (Legal 500 2017)

 “Unpretentious, unflappable and very bright.” (Chambers UK 2017) “A sublime junior; he deserves silk soon.” ( Legal 500 2016)

“Ciaran is outstanding. His ability to grasp technically difficult issues sets him apart from other barristers at his level. He is also a pleasure to work with.” (Chambers Global 2016)

“An excellent all-rounder.” (Chambers Global 2016)

Chancery: Commercial

 “Excellent to work with – he was unflappable, very unpretentious, very bright and really on top of it.” (Chambers UK 2017)

“He is willing to go the extra mile” (Chambers Global 2016)

Fraud: Civil

‘Approachable and very responsive.’ (Legal 500 2017)

 “He is very responsive, approachable and succinct, and has the ability to think laterally.” (Legal 500 2016)

Banking & Finance

 ‘An outstanding barrister and a pleasure to work with.’ (Legal 500 2017)

 “Outstanding – his ability to grasp technically difficult issues sets him apart.” (Legal 500 2016)

Partnership

 “Extremely intelligent, incredibly user-friendly, responsive, practical and really good on paper: he always manages to fit everything in.” (Chambers UK 2017)

“An excellent and hugely competent leading junior.” (Chambers UK 2017)

“The best junior we’ve used; he is very sharp, very bright, very versatile and very easy to work with. He’s particularly good for large, complex, cross-jurisdictional, high-value matters.” (Chambers UK 2016)

“Bright, efficient and has a tremendous insight into the key issues.” (Chambers UK 2016)

Energy

‘A strong lateral thinker.’ Legal 500 2017)

“Recommended for cases with an international or state sovereignty aspect.” (Legal 500 2016)

Real Estate/Property Litigation

“A very mature thinker who not only gets to the root issues but also provides creative solutions; confidence-inspiring.” (Legal 500 2015)

Arbitration & related court applications

In additional to acting in arbitrations (institutional and ad hoc) and applications to challenge awards, Ciaran has particular expertise in claims to enforce or resist enforcement of foreign awards (including against states and state entities) in England and multi-jurisdictional litigation to enforce English awards overseas.

Notable cases include:

LCIA arbitration. Acting for a minority shareholder in claims for breaches of a shareholders’ agreement, articles of association and the Companies Act 2006, and for relief from unfair prejudice, in connection with management of an internet services provider. (ongoing)

Ad hoc arbitration. Acting for the claimant on claims for declaratory and other relief in relation to the construction of a long-term contract for the maintenance of infrastructure. (ongoing)

Maximov v Novolipetsk Steel acting for NLMK, one of the largest steel companies in Russia, successfully defending claims by a Russian billionaire for the enforcement in England of a c.US$150 million arbitration award set aside by the Russian courts.

RCB v Bakay. Acting for a Cypriot bank seeking to enforce an LCIA award in various jurisdictions, including successful applications for freezing orders and the appointment of a receiver over shares in a company beneficially owned by the award debtor.

LCIA arbitration. Successful claims for damages for breach of an agreement relating to the ownership of a Ukrainian automotive business, and successfully resisting a s.68 challenge. Ad hoc arbitration. Acting for the defendant to claims for alleged breaches of a partnership agreement and duties owed as a partner in two traditional accountancy partnerships.

Yukos Capital Sarl v OJSC Rosneft Oil Company – preliminary issues on the enforceability of annulled arbitral awards and the power to order post-award interest in enforcement actions. LCIA arbitration. Successful claims to recover loans to a BVI company, defended on the basis that they were shams or had been waived or varied.

Yukos Capital Sarl v OJSC Rosneft Oil Company – successful appeal against an order that Rosneft was issue estopped from asserting that certain Russian judgments were not the result of a partial and dependent judicial process.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – successfully resisting an appeal against the part enforcement of a New York Convention arbitration award.

Pertamina litigation – resisting the enforcement of an award against the Indonesian state oil company and bringing cross-claims in the Cayman Islands.

Banking & financial services

Ciaran is ranked in the Legal 500 2017 for Banking and Finance. He is frequently instructed, often unled, on high-profile cases in the banking and finance arena, acting for and against banks, FTSE 100 companies, hedge funds, private equity houses, the big four accountancy firms and high net worth individuals. He has acted on the full range of financial services disputes, including claims arising out of the collapse of Lehman Brothers and mis-selling of financial products. In addition to more mainstream disputes, he has acted for hedge funds seeking to enforce judgments against states, and for states seeking to resist claims by hedge funds, as well on claims opposing the restructuring of bonds by the Bank of Ireland and Greece. Recently his financial disputes practice has focused on fraud and insolvency in the industry.

Notable cases include:

Orchard (Development) Holdings plc v National Westminster Bank plc – acting for the bank on the successful strike out of claims of c.£50 million interest rate swap and collar mis-selling claims, and defending ongoing related claims concerning index linked loans. (ongoing)

Hosking v Apax Partners LLP & Others (Hellas II) – c.US$1 billion claims against three

global private equity firms and Deutsche Bank in connection with the refinancing and subsequent insolvency of a Greek telecommunications group. (ongoing)

British American Tobacco v Sequana – acting for BAT on claims against a French listed conglomerate to claw back US$800 million dividends. (ongoing)

Krys v KBC Partners LP – acted for the successful respondent in the Privy Council on a dispute concerning the entitlement to the c.US$1 billion of a BVI investment vehicle.

RCB v Bakay – acting for a Cypriot bank on successful applications for freezing orders and the appointment of a receiver over shares in a company

Mitchell v PricewaterhouseCoopers – acted for PricewaterhouseCoopers defending claims for damages in contract, tort and under the Financial Services and Markets Act 2000 for investment advice in connection with the collapse of Lehman Brothers.

Standard Bank plc v Winsome Diamonds –obtained anti-suit injunctions restraining the defendant from continuing proceedings in India, in breach of an exclusive jurisdiction clause, to prevent the claimant from enforcing letters of credit.

KPMG v Ernst & Young – defending claims by KPMG global in connection with the merger between the Danish KPMG entity with its Danish Ernst & Young counterpart.

Palomino Funds Ltd v The Bank of Ireland – acted for claimant bondholders seeking declarations that their contractual rights against the Bank of Ireland could not be overridden by the Irish Government passing threatened legislation to reduce the value of the bonds.

Northern v Greece – acted for the claimant bondholders seeking to restrain Greece from restructuring the bonds by issuing new bonds diluting the votes of the existing bondholders. Resolution Limited – advised on a dispute relating to the duties owed by a FTSE 100 life assurance company as general partner of a Guernsey limited partnership.

NML Capital v The Republic of Argentina – acted for Argentina resisting $300 million claims by a “vulture fund” to enforce a foreign judgment against Argentina, in proceedings that went to the Supreme Court.

Donegal International Ltd v Zambia – successful claim on distressed sovereign debt against Zambia.

Langston Group Corporation v Cardiff City Football Club – claim by the holder of loan notes issued by Cardiff City Football Club.

Civil fraud & asset tracing

Ciaran is ranked in the Legal 500 2017 and Who’s Who Legal: UK Bar 2018 for Civil Fraud. He is frequently instructed on complex, large-scale, high- value civil fraud litigation, involving allegations of dishonesty, fraudulent misrepresentation, conspiracy, breach of duty and the misappropriation of assets. His cases often involve an offshore or international element, the tracing and recovery of assets and interlocutory relief including freezing orders.

Notable cases include:

Kuwait Oil Tanker Company v Al Mutawa – acting for the successful claimant oil company in relation to high-profile claims in Jersey for fraudulent breach of trust by the defendant in connection with the notorious $100 million Al-Bader fraud, and on applications in England for freezing orders in support of that action.

Hosking v Apax Partners LLP & Others (Hellas II) – acting for the Liquidators of Hellas II, claiming the recovery from 3 global private equity firms of c.US$1 billion misappropriated from a Luxembourg investment vehicle following a refinancing on the basis that the payments were transactions defrauding creditors or a result of fraudulent trading.

British American Tobacco v Sequana – acting for BAT on its successful claim (after a 3- month trial) to claw back from a French listed conglomerate €135 million in misappropriated dividends as a transaction defrauding creditors. (appeal pending)

Salford Capital Partners v Value Discovery Partners (in liquidation) – acting for the defendant to a claim alleging conspiracy and breach of fiduciary duty in connection with the distribution of shares in the course of the liquidation of a BVI limited partnership.

Tsiattalos v Charalambous – c. £40 million claims for deceit and fraudulent misrepresentation relating to the ownership and control of a manufacturing company.

Dalnaya Step LLC v Browder, Cherkasov and Wrench – resisting the recognition in

England of Russian insolvency proceedings on the basis that they were the furtherance and concealment of the notorious $230 million fraud against Hermitage Capital. (ongoing)

Barnsley & Ors v Noble – successfully defended multi-million pound claims in deceit following a 7-week trial.

Northland Automation and Services LLC v SBF Global Limited – defended claims relating to an alleged fraud in connection with a trade finance transaction.

POWA (Jersey) Limited v Chater – acted for the claimant on claims in fraud, dishonest assistance and knowing receipt against a former employee and de facto director for diversion of profits.

Favor Easy Management Ltd v Wu – acted for the claimant on resulting and constructive trust claims relating to the alleged fraudulent transfer of two hotels.

Harlequin Property (SVG) Ltd v Floyd successfully resisted a claim for freezing and other relief under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of multi-million dollar claims in fraud relating to a hotel development in St Vincent and the Grenadines.

Lindsay v O’Loughnane – defended claims in deceit and to pierce the corporate veil against the director of a foreign exchange trading company.

DDT v Thomson – successfully defended applications for freezing orders and substantial money claims in fraud by liquidators against a company director.

Meretz Investments v ACP Limited – acted for the defendant in what is now a leading case on conspiracy to injure by unlawful means and inducing breach of contract.

 

Commercial chancery disputes

Ciaran is ranked in Chambers Global 2017 and Chambers UK 2018 for Commercial Chancery litigation. His high-profile practice spans the range of Commercial Chancery cases, particularly complex, high-value cases with an international element.

Recent notable cases include:

Hosking v Apax Partners & Others (Hellas II) – US$1 billion claims against three global private equity firms and Deutsche Bank in connection with the refinancing and subsequent insolvency of a Greek telecommunications group. (ongoing)

British American Tobacco v Sequana – acting for BAT on claims against a French listed conglomerate to claw back US$800 million dividends as unlawful (in breach of Part 23 of the Companies Act 2006), paid in breach of fiduciary duty or a transaction defrauding creditors contrary to 423 of the Insolvency Act 1986. (appeal pending)

BTI v PricewaterhouseCoopers – acting for the claimant on multi-million euro auditors’ negligence claims in connection with the audit of a company exposed to substantial indemnity claims in connection with environmental liabilities in the (ongoing)

Dalnaya Step LLC v Browder, Cherkasov and Wrench – successfully setting aside the recognition in England of Russian insolvency proceedings under the Cross-Border Insolvency Regulations 2006. The first case in which security for costs have been awarded against a foreign office holder applying under the CBIR, and the Chancellor gave an exceptional public interest judgment on the breach by the foreign office holder of his duties of full and frank disclosure.

LCIA arbitration – acting for a minority shareholder in claims for breaches of a shareholders’ agreement, articles of association and the Companies Act 2006, and for relief from unfair prejudice, in connection with management of an internet services provider. (ongoing)

Orchard (Development) Holdings plc v National Westminster Bank plc – acting for the bank on the successful strike out of claims of c.£50 million interest rate swap and collar mis-selling claims, and defending ongoing related claims concerning index linked loans. (ongoing)

Krys v KBC Partners acted for the successful respondent in the Privy Council on a dispute concerning the entitlement to the c.US$1 billion of a BVI investment vehicle.

Phosphorus Holdco (in administration) v BC Partners – acting on claims against a global private equity house to recover distributions in connection with the collapse of Phones4U.

Barnsley v Noble– successfully resisting an appeal to the Court of Appeal on the scope of a trustee exoneration clause, the latest instalment in the fallout from the demerger of the Noble Organisation.

Tsiattalos v Charalambous – claims for deceit and fraudulent misrepresentation in relation to the transfer of the shares in a company worth over £40 million.

In re Acorn International, Inc – successful petition for just and equitable winding up in the Cayman Islands courts in relation to the affairs of a New York listed company operating in China.

Barnsley v Noble – successfully defending multi-million pound claims for breach of contract, breach of fiduciary duty (including self-dealing) and deceit following a 7-week trial. McNaughton v Ashley Banjo and Diversity Live – acting on a dispute between members of the dance group Diversity, a limited liability partnership, in relation to the purported expulsion and unfairly prejudicial conduct towards members of the LLP.

Favor Easy Management v Wu – appeal against the dismissal of multi- million pound resulting and constructive trust claims relating to the alleged fraudulent transfer of two hotels. Star Energy Weald Basin Limited v Bocardo SA – leading Supreme Court decision on trespass by oil pipelines at depth.

Crossco No 4 Unlimited v Jolan Limited – leading Court of Appeal decision on constructive trusts and proprietary estoppel in commercial property disputes.

Lindsay v O’Loughnane – defending claims in deceit and to pierce the corporate veil against the director of a foreign exchange trading company.

Howell v Lees-Millais – construction of a power of appointment trust fund settlement.

Meretz Investments v ACP Limited – leading Court of Appeal decision on conspiracy to injure by unlawful means and inducing breach of contract.

Commercial dispute resolution

Ciaran is ranked in Chambers Global 2017, Chambers UK 2018 and the Legal 500 2017 for Commercial Dispute Resolution. He is frequently instructed on heavyweight commercial disputes, particularly complex, high-value cases with an international element.

Recent notable cases include:

Maximov v Novolipetsk Steel – acting for NLMK, one of the largest steel companies in Russia, in Commercial Court proceedings successfully resisting claims by a Russian billionaire for the enforcement in England of a c.US$150 million arbitration award set aside by the Russian courts.

British American Tobacco v Sequana – acting for BAT on a 3-month trial of claims against a French listed conglomerate to claw back US$800 million dividends where the paying company was exposed to substantial indemnity claims in connection with environmental liabilities in the US. (appeal pending)

Hosking v Apax Partners LLP & Others (Hellas II) – acting for the liquidators of Hellas II, on its claims against 3 global private equity firms and Deutsche Bank that the refinancing of a Greek telecommunications group was a transaction defrauding creditors or a result of fraudulent trading. (ongoing)

Orchard (Development) Holdings plc v National Westminster Bank plc – acting for the bank on the successful strike out of claims of c.£50 million interest rate swap and collar mis-selling claims, and defending ongoing related claims concerning index linked loans. (ongoing)

BTI v PricewaterhouseCoopers – acting for the claimant on multi-million euro auditors’ negligence claims in connection with the audit of a company exposed to substantial indemnity claims in connection with environmental liabilities in the (ongoing)

Krys v KBC Partners LP– successfully resisted an appeal to the Privy Council about the construction of the articles of association of a limited partnership and the entitlement to its assets (estimated at over US$1 billion).

Yukos Capital v Rosneft Oil Company – acting for Rosneft, the Russian oil giant, in the long running Yukos litigation. This aspect addressed the enforceability of annulled arbitral awards and the power to order post-award interest in enforcement actions.

KPMG v Ernst & Young – defending claims by KPMG global in connection with the merger between the Danish KPMG entity with its Danish Ernst & Young counterpart.

Standard Bank plc v Winsome Diamonds – successfully obtaining anti-suit injunctions restraining the defendant from continuing proceedings in India, in breach of an exclusive

jurisdiction clause, for declarations that it was not in breach of a facility agreement and to prevent the claimant from enforcing letters of credit

Barnsley & Ors v Noble – successfully defending multi-million pound claims in relation to the demerger of the Noble Organisation.

Congo Mineral Developments v Highwind Properties – multi-billion dollar claim in relation to the expropriation of a state owned mining concession in the Democratic Republic of Congo. Cifal Groupe v Meridian Securities (UK) – successful jurisdiction challenge and application for reverse summary judgment on multi-million pound claims in connection with a $US 1 billion development in St Petersburg.

Yukos Capital v Rosneft Oil Company – successful appeal to the Court of Appeal against an order that Rosneft was issue estopped from asserting that certain Russian judgments were not the result of a partial and dependent judicial process.

NML Capital v The Republic of Argentina – resisting $300 million claims to enforce a foreign judgment against Argentina in the UK courts. Leading Supreme Court decision on state immunity.

Crest Nicholson (Londinium) v Akaria Investments – successful appeal to the Court of Appeal on the correct approach to contractual formation.

North Principal Investments v Greenoak Renewable Energy – successfully defending multi million euro claims in relation to rights to own and develop a wind farm of the German/Danish coast.

IPCO (Nigeria) v Nigerian National Petroleum Corporation – successfully resisting an appeal to the Court of Appeal against the part enforcement of a New York Convention arbitration award.

Langston Group Corporation v Cardiff City Football Club – claim by the holder of loan notes issued by Cardiff City Football Club.

Donegal International v Zambia – successful debt recovery action against a sovereign state, involving jurisdictional disputes and issues as to freezing relief against sovereign states, illegality and bribery.

Company & insolvency law

Ciaran is frequently instructed by office holders, major corporations and high net worth individuals in high-profile company and commercial disputes, in particular high-value claims in connection with the misappropriation of company assets and shareholder disputes, often with an international or offshore element.

Notable cases include:

Hosking v Apax Partners & Others (Hellas II) – US$1 billion claims against three global private equity firms and Deutsche Bank in connection with the refinancing and subsequent insolvency of a Greek telecommunications group. (ongoing)

British American Tobacco v Sequana – acting for BAT on claims against a French listed conglomerate to claw back US$800 million dividends as unlawful, paid in breach of fiduciary duty or as a transaction defrauding creditorscontrary to 423 of the Insolvency Act 1986. (appeal pending)

Dalnaya Step LLC v Browder, Cherkasov and Wrench – successfully setting aside the recognition in England of Russian insolvency proceedings under the Cross-Border Insolvency Regulations 2006. The first case in which security for costs have been awarded against a foreign office holder applying under the CBIR, and the Chancellor gave an exceptional public interest judgment on the breach by the foreign office holder of his duties of full and frank disclosure.

BTI v PricewaterhouseCoopers – acting for the claimant on multi-million euro auditors’ negligence claims in connection with the audit of a company exposed to substantial indemnity claims in connection with environmental liabilities in the (ongoing)

LCIA arbitration – acting for a minority shareholder in claims for breaches of a shareholders’ agreement, articles of association and the Companies Act 2006, and for relief from unfair prejudice, in connection with management of an internet services provider. (ongoing)

Phosphorus Holdco (in administration) v BC Partners – acting on claims against a global private equity house to recover unlawful dividends in connection with the collapse of Phones4U.

Shrimpton v International Finance Corporation – acting for the International Finance Corporation, an arm of the World Bank, in connection with high-profile claims against it as a shareholder of a holding company for a group of companies investing in

McNaughton v Ashley Banjo and Diversity Live LLP – acting on a dispute between members of the dance group Diversity in relation to the purported expulsion and unfairly prejudicial conduct towards members of the

Resolution Limited – acting on a dispute relating to the nature, scope and application of the duties owed by a FTSE 100 life assurance company in its capacity as general partner of a Guernsey Limited

In re Acorn International, Inc – successful petition for just and equitable winding up (and alternative relief) in the Cayman Islands courts in relation to the affairs of a New York listed company operating in (Cayman Islands)

Gamlestaden Fastigheter v Baltic Partners Limited – successful appeal to the Privy Council and a leading case on the scope of the unfair prejudice remedy for company

Energy & natural resources

Ciaran is ranked in the Legal 500 2016 for Energy, where he is described as “the foremost junior on questions of sovereign immunity at the Bar”. As well as mainstream commercial energy disputes, Ciaran is experienced in mines and minerals related matters.

Recent notable cases include:

Maximov v NLMK – acting for the Russian steel giant successfully defending US$150 million claims relating to the acquisition of a group of steel companies.

Ad hoc arbitration. Acting for the claimant on claims for declaratory and other relief in relation to the construction of a long-term contract for the maintenance of infrastructure. (ongoing)

British American Tobacco v Sequana – acting for British American Tobacco on $800 million claims concerning liability for environmental pollution in the US.

Yukos Capital v Rosneft – acting for the Russian oil giant resisting claims arising from the acquisition of the assets of Yukos Oil Company.

Caterpillar v Arcelor Mittal – acting on a claim that the Ebola crisis was an event of force majeure entitling termination of a contract for the construction of a power plant for steel production in Liberia.

Congo Mineral Developments Ltd v Highwind Properties Limited – acting for the claimant on claims that the defendants procured breaches of a joint venture agreement by the Democratic Republic of Congo and its state-owned mining company relating to a copper and cobalt mining concession.

Kuwait Oil Tanker Corporation v Al Mutawa – acting for the claimant oil tanker company in relation to a claim in connection with the long running Al Bader litigation.

IPCO v NNPC – claims to enforce a Nigerian New York Convention arbitration award worth over US$150 million against the Nigerian state oil company.

Star Energy v Bocardo – acting on a claim relating to the use of oil pipelines to access oil beneath the Al Fayad estate, the leading case on trespass at depth and raising important issues under the Petroleum Act 1998, the Mines (Working Facilities and Support) Act 1966 and the Pipelines Act 1971.

Eggborough Power Limited v UK Coal – acting for Eggborough Power Ltd, a subsidiary of British Energy plc and the operator of Eggborough Power Station, in relation to planned coal mining by UK Coal in the vicinity of the power station, including on issues arising under the Coal Mining Subsidence Act 1991, the Coal Industry Act 1994 and the Mines (Working Facilities and Support) Act 1966.

WBB Minerals v Bibbey – acting for a leading producer of silica sand on an application to the Court for the compulsory grant of mineral and ancillary rights pursuant to the Mines (Working Facilities and Support) Act 1966, including on the grounds that such rights were expedient in the national interest due to the serious economic damage that failure to grant the rights sought might cause to the UK foundry industry.

Kear v Coal Authority – advising in relation to potential claims for £1.25 million against the Coal Authority and for compensation under the Coal Industry Act 1994, raising issues relating to the Dean Forest (Mines) Act 1838 and an agreement made with British Coal prior to the transfer of its functions to the Coal Authority.

Pertamina litigation – acting for the Indonesian state oil company resisting the enforcement of an arbitral award and bringing cross-claims in the Cayman Islands.

Offshore litigation

Ciaran has a broad offshore practice, appearing in and advising on a range of high-value commercial claims and shareholder disputes, often involving a fraud, breach of duty or jurisdiction angle, in a number of offshore jurisdiction, including the British Virgin Islands, the Cayman Islands, Jersey, Cyprus and Hong Kong. He is called to the Bar of the British Virgin Islands and is one of relatively few English juniors who appears there as sole counsel.

Recent notable cases include:

Kuwait Oil Tanker Company v Al Mutawa– acting for the successful claimant oil company on high-profile claims in Jersey for fraudulent breach of trust by the defendant in connection with the $100 million Al-Bader fraud. (Jersey)

Krys v KBC Partners LP– acted at all stages of a long-running dispute concerning the entitlement to the cUS$1 billion assets of a BVI limited partnership, culminating in a victory in the Privy Council. (Privy Council; Eastern Caribbean Court of Appeal; BVI)

Shrimpton v International Finance Corporation – acting for the International Finance Corporation, an arm of the World Bank, in connection with high-profile claims against it as a shareholder of a holding company for a group of companies investing in Vietnam. (BVI)

In re Acorn International, Inc – successful petition for just and equitable winding up (and alternative relief) in the Cayman Islands courts in relation to the affairs of a New York listed company operating in China. (Cayman Islands

RCB v Bakay – acting for a Cypriot bank on applications for freezing orders and the appointment of a receiver over shares in a company. (Cyprus)

Salford Capital Partners v Value Discovery Partners– defending claims challenging the distribution of shares in the course of the liquidation of a limited partnership in the British Virgin Islands, including allegations of sabotage, bad faith and conspiracy. (BVI)

Re the Estate of Mr Fok Ying Tung Henry – a long-running dispute in the Hong Kong courts relating to a multi-billion HKD estate and the rights to development options in mainland China. (Hong Kong)

Congo Mineral Developments v Highwind Properties – multi-billion dollar claim in relation to the expropriation of a state owned mining concession in the Democratic Republic of Congo. (BVI)

Advising in relation to a highly complex restructuring of a global offshore law firm, involving a global umbrella partnership and national member partnerships in various offshore jurisdictions, and disputes between the national member firms. (various)

Steen v RBS – defending claims for negligent investment advice. (Jersey)

Gamlestaden Fastigheter v Baltic Partners – successful appeal to the Privy Council on the scope of the unfair prejudice remedy for company shareholders. (Privy Council, on appeal from Jersey)

 

Partnership

Ciaran has extensive experience across the range of partnership cases, and particular expertise in complex or high-value partnership cases with an international element. He is ranked in Chambers UK 2017 for Partnership law.

Notable cases include:

Krys v KBC Partners LP [2015] UKPC 46 – acted for the successful respondent before the Privy Council on an appeal concerning the entitlement to the cUS$1 billion assets of a BVI limited partnership.

Resolution Limited – advising on a dispute relating to the nature, scope and application of the duties owed by a FTSE 100 life assurance company in its capacity as general partner of a Guernsey Limited Partnership.

Salford Capital Partners v Value Discovery Partners (in liquidation) – representing a defendant to a claim alleging breach of the articles of partnership and of partners’ duties in connection with the distribution of shares in the course of the liquidation of a limited partnership.

McNaughton v Ashley Banjo and Diversity Live LLP – acting on a dispute between members of the dance group Diversity, a limited liability partnership, in relation to the purported expulsion and unfairly prejudicial conduct towards members of the LLP.

Project Foxhills – advising in relation to a highly complex restructuring of an international law firm, involving a global umbrella partnership and national member partnerships, and disputes between the national member firms.

KPMG v Ernst & Young – acting on a major dispute between two of the “big four” accountancy firms, in which the global co-ordinating entity of KPMG sought to delay the merger between the Danish member partnership of the global KPMG network with its Ernst & Young counterpart partnership in Denmark.

Gross v Klein – acting for the defendant to claims for alleged breaches of a partnership agreement and duties owed as a partner in two traditional accountancy partnerships.

Leonard v Hennigan – acting for the claimant in relation to various claims on the dissolution of a property development partnership.

Professional negligence

Ciaran regularly acts on professional negligence claims, including for and against:

  • Auditors; Banks;
  • Financial and investment advisers;
  • Valuers;
  • Solicitors; and
  • Barristers.

Notable current cases include BTI v PricewaterhouseCoopers, a multi-million euro auditors’ negligence claim in connection with the audit of a company exposed to substantial indemnity claims in connection with environmental liabilities in the US.

 

Publications
Career

2016:                  Essex Court Chambers

2004-2016:       Maitland Chambers

2013:                  Admitted as a member of the bar of the British Virgin Islands

1998-2002:       HM Diplomatic Service, fast-stream diplomat, serving at the Foreign & Commonwealth Office in London                                   and overseas at the United Nations in New York and the British Embassy in Lisbon

Education
  • 2004       Bar Vocational Course, Inns of Court School of Law, Outstanding
  • 2003       Diploma in Law, City University, Distinction
  • 1995-8    Brasenose College, Oxford University BA, MA, First Class
Awards

 

  • Megarry Scholarship, Lincoln’s Inn (2004)
  • Buchanan Prize, Lincoln’s Inn (2004)
  • Sir Louis Gluckstein Advocacy Prize, Lincoln’s Inn (2004)
  • Barstow Scholarship, Inns of Court School of Law (2004)
  • Sweet & Maxwell Company Law Prize, Inns of Court School of Law (2004)
  • Lord Haldane Scholarship, Lincoln’s Inn (2003)
  • Maitland Chambers Advocacy Prize (2003)
  • Hardwicke Scholarship, Lincoln’s Inn (2002)
  • Gibbs Prize, Oxford University (1998)
  • Shell Prize, Oxford University (1996)