Ciaran Keller

Professional practice

Ciaran is ranked in the latest editions of the legal directories in seven practice areas:

Commercial Dispute Resolution (Chambers Global 2022; Chambers UK 2023; Legal 500 2023);

Commercial Chancery (Chambers Global 2022; Chambers UK 2023);

Banking and Finance (Legal 500 2023);

Civil Fraud (Chambers UK 2023; Legal 500 2023; Who’s Who Legal: UK Bar 2022);

Energy (Legal 500 2023);

Offshore (Chambers Global 2022; Chambers UK 2023; Legal 500 2023); and

Company and Partnership (Chambers UK 2023; Legal 500 2023).

Ciaran is commended by commentators as “a superstar”; “one of the very best juniors at the commercial Bar”, a ““star junior who will be a star silk”, and as “a future leader in the field” who is “destined for greatness”.

He is described as “ “the complete package”, “a really formidable courtroom performer” and “an exceptional advocate who will get the result the client wants”. He has a “razor sharp intellect”, “cuts to the heart of the case” and is “a fantastic strategist” with “a great feel for how a Court will react to an argument”

He is “super responsive”, is “ “a charming, low-maintenance barrister” who is “practical” and “a pleasure to deal with”.

Ciaran’s practice includes commercial and commercial chancery litigation and arbitration (domestic and international), 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 has been described as “the foremost junior on questions of sovereign immunity at the Bar0).

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

Ciaran was formerly a fast-stream diplomat in HM Diplomatic Service (serving at the United Nations and the British Embassy, Lisbon).

Memberships: Commercial Bar Association; Chancery Bar Association; LCIA; LexisNexis Expert Panel on Arbitration.

What Others Say

Commercial Dispute Resolution/Commercial Litigation

“A really formidable courtroom performer who also produces absolutely top-draw paperwork” (Chambers & Partners 2023)

“Ciaran is a superstar. He cuts to the heart of the case and provides clear, precise advise. He is a fantastic strategist and has a great feel for how a Court will react to an argument. His written work is exceptional. He is always available and is super responsive.” (Legal 500 2023)

“Smart and very efficient, he has fine strategic judgement and is excellent technically.” (Chambers & Partners 2022)

“A future leader in the field.” (The Legal 500 2022)

“His work ethic is incredible and he is an exceptional advocate who will get the result the client wants.” “Ciaran is hugely clever, all over the detail and very user-friendly.” (Chambers & Partners 2021)

“Ciaran is one of my “go-to” barristers for commercial disputes, I would readily engage him rather than involving a silk on all of my matters.” (The Legal 500 2021)

“His written work is exceptional, he’s super responsive and he’s incredibly easy to deal with. On top of this he has a razor-sharp intellect.” (Chambers Global 2020)

“Very bright and responsive, a pleasure to work with” (Legal 500 2020) “Certainly one of the stars of the market.” (Legal 500 2018)

“His pleadings and tactical judgement are really impressive.” “An exceptional defence barrister who’s really dogged, exceptionally efficient and someone whose written work is very clear and extremely persuasive.” (Chambers UK 2018)

“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

“A big player in the market” (Chambers & Partners 2023)

“He’s very clever and really good at dissecting factually and legally complicated issues” (Chambers & Partners 2023)

“Super smart, very efficient, and someone with excellent strategic judgement. He is excellent technically and a real star.” (Chambers & Partners 2022)

“A very, very hard-working and thorough barrister.” (Chambers & Partners 2021)

“A great person to work with. He’s super smart and has a really good way with the clients.” (Chambers Global 2020)

“He works insanely hard and is very thorough, extremely determined and resilient.” (Chambers UK 2020)

“All over the detail in a case and can turn his mind to complex legal and accounting issues.” (Chambers UK 2018)

“He is very thorough, very tough, and not someone who gives in easily. He is a very strong character.” (Chambers UK 2018)

“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)

Energy

“He cuts to the heart of the case and provides clear, precise advice, and he is a fantastic strategist with a great feel for how a Court will react to an argument.” (Legal 500 2023)

“Ciaran has a sharp mind, responds quickly to new facts and is skilled at rigorously putting the client’s best case” (The Legal 500 2022)

“Extremely efficient, highly responsive and insightful, he is one of the very best juniors at the commercial bar” (The Legal 500 2021)

“One of the very best juniors at the commercial Bar, he will no doubt be a star for many years to come.” (Legal 500 2020)

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

Fraud: Civil

“He is one of the top juniors working at the Bar and is first choice for any meaty fraud dispute. He is destined for greatness. He is also a pleasure to deal with.” (Legal 500 2023)

“Ciaran is enormously hard working with great tactical awareness” (Chambers & Partners 2023)

“Ciaran Keller is a real expert in claims involving fraud and fraudulent misrepresentation in the context of the misuse of corporate funds” (Who’s Who Legal, UK Bar 2022)

“Possibly the most promising junior in the country.” (The Legal 500 2022)

“He’s super smart, very efficient and has excellent strategic judgement.” “He’s always available, very considered in his advice and excellent at handling clients.” (Chambers & Partners 2022)

“an outstanding junior, one of the very best at the commercial bar.” (The Legal 500 2021)

“A star junior who will be a star silk.” (Legal 500 2020)

“Stands out for his strong expertise and impressive work in high-value civil fraud litigation” (Who’s Who Legal 2020)

“Cuts through the detail and manages not to lose sight of the bigger commercial picture.” (Legal 500 2018)

“Technically excellent and very bright” (Who’s Who Legal 2018)

“…highly collaborative approach in preparing for trial on both submissions and cross- examination” (Who’s Who Legal 2018)

“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

“Excellent technical ability and very responsive, he provides clear pragmatic and timely advice.” (Legal 500 2023)

“Excellent in the banking and finance arena.” (Legal 500 2022)

“He is a complete all-rounder: super bright, all over the detail, calm under pressure, clear and confident with clients, very easy to work with and forms an integral part of our team.” (Legal 500 2021)

“Very bright, commercial, accessible, a good team player and a pleasure to work with.” (Legal 500 2020)

“Down to earth and a pleasure to work with.” (Legal 500 2018)

“An outstanding barrister and a pleasure to work with.” (Legal 500 2017)

“Ciaran has got a first-class intellect. His analytical skills are impeccable, his judgement is spot- on and he is very user-friendly.” (Chambers UK 2018)

“An excellent barrister who is technically outstanding and brilliant to work with.” (Chambers UK 2018)

“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)

“‘Very bright and his written work is exceptional.” (Legal 500 2018) ‘A strong lateral thinker.’ (Legal 500 2017)

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

Offshore

“He is extremely sharp and easy to work with, and he is an excellent draftsman.” “He’s very bright and a good advocate – he’s the complete package.” (Chambers & Partners 2022)

“A deep thinker with an enormous brain and capacity for cutting through complex legal issues to provide clear and effective advice.” (Legal 500 2022)

“Extremely efficient and highly responsive, he provides insightful to-the-point advice.” (Legal 500 2021)

“He has been called to the Bar of the BVI and is a noted presence in other offshore jurisdictions. He is an expert in cases involving breach of trust, insolvency and freezing order proceedings, and has a strong client roster that includes a number of international financial corporations.” (Chambers & Partners 2021)

“He is incredibly bright, and fiercely intelligent” (Legal 500 2020)

“He is incredibly user-friendly and his written work is excellent.” (Chambers UK 2020) “Extremely bright and hard-working,” (Chambers UK 2018)

“He’s a charming, low-maintenance barrister who is practical and very easy to work with.” (Chambers UK 2018)

“Instructed in offshore funds cases.” (Legal 500 2018)

Partnership

“Ciaran is a superstar. He cuts to the heart of the case and provides clear, precise advise” (Legal 500 2023)

“Absolutely superb: he gets through material quickly and gets to the point in a very impressive way.” “He is a practical and sensible lawyer who is comfortable handling difficult theoretical legal

issues and always keen to be involved in case management issues.” “Ciaran is excellent at handling clients and gives frank and fair advice.” (Chambers & Partners UK 2022)

“Very user-friendly and highly accessible, he is able to distil complex points into simple propositions.” “Clients absolutely love him because he has such clarity of thought and speed of response.” “He is very practical in the way he gives his advice.” (Chambers & Partners 2021)

“Extremely switched-on” and both “very responsive and excellent technically.” (Chambers UK 2020)

“He is incredibly bright, and fiercely intelligent.” (Legal 500 2020)

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

Ciaran acts in international arbitrations across a wide range of commercial and chancery disputes under various institutional rules (LCIA, SIAC, UNCITRAL, DIFC-LCIA) as well ad hoc arbitrations. Ciaran also has 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 the claimant in seven consolidated LCIA arbitrations in relation to a multi-million dollar dispute regarding the ownership and control of a power plant in Uganda.

DIFC LCIA arbitration – acting for the claimant bringing unfair prejudice and other claims in relation to an online delivery business in Saudi Arabia worth in excess of US$1 billion.

LCIA arbitration – acting for the claimant on claims relating to the ownership and control of a Cypriot company and Russian financing business. (ongoing)

SIAC arbitration – acting for the respondent to a multi-million dollar claim in relation to the ownership of a global media content creator, producer and distributor.

LCIA arbitration. Acting for various companies defending claims for more than $300 million in relation to a copper mine in Armenia.

LCIA arbitration. Acting for an individual in relation to $150 million claims and counterclaims for alleged breach of an option agreement

UNCITRAL arbitration. Acting for an Egyptian company in relation to $150 million claims relating to the sale and distribution of ammonium nitrate.

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.

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.

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 2023 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, the Hellas II litigation, the collapse of the world’s largest private equity group, the German cum-ex trading scandal and the mis-selling of financial products, as well as consumer credit claims. 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 banks and hedge funds, as well on claims opposing the restructuring of bonds by the Bank of Ireland and Greece.

Notable cases include:

VTB Capital v The Republic of Mozambique; Banco Commercial Portugues v The Republic of Mozambique; VR Capital v The Republic of Mozambique; Beauregarde Holdings and Orobica Holdings v The Republic of Mozambique; VR Global Partners v Mozambique – acting for the Republic of Mozambique in relation to consolidated claims for c.$500 million brought by various banks and investors in distressed sovereign debt on purported sovereign guarantees, listed for a 12 week trial in 2023. (ongoing)

Abraaj Holdings (in liquidation) v Neomia Private Equity Fund IV LP – acting on behalf of an investment fund in various related proceedings arising out of the collapse with debts of over $1 billion of the Abraaj Group, a $14 billion private equity firm. (ongoing)

TP ICAP plc v Nex Group Limited – acting for the defendant to multi-million pound claims in relation to swaps trading and the German cum-ex trading scandal. (ongoing)

Agarwal v Standard Chartered Bank – advising the defendant bank on claims in relation to an alleged breach of the “Quincecare duty”.

LCIA arbitration – defending US$300 million claims by a bank on a guarantee.

LCIA arbitration – defending US$40 million claims by a bank for an alleged breach of an option agreement.

Orchard (Clinics 1) Ltd v National Westminster Bank – acting for the bank defending substantial claims in relation to the operation of index linked loans and breakage costs arising on default.

Williams v Capitalbond Limited – acting for the defendant lender resisting claims by the borrower to discharge or avoid debts of over £15 million pursuant to s.140B of the Consumer Credit Act 1974.

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.

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.

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

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.

Charity Law

Experience acting on disputes involving charities and of the peculiarities of charity law.

Civil fraud & asset recovery

Ciaran is ranked in Chambers & Partners 2023, the Legal 500 2023 and Who’s Who Legal: UK Bar 2021 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 and disclosure orders.

Notable cases include:

Suppipat v Narongdej – acting for defendants to a high-profile $2 billion fraud and conspiracy claim regarding an alleged fraud in relation to the ownership of Thailand’s leading wind energy firm. The 20-week trial is one of The Lawyer’s Top 20 cases of 2022. (ongoing)

Jafar v Abraaj Holdings & Ors – acting for a defendant to claims in conspiracy and deceit arising out of the collapse with debts of over $1 billion of the Abraaj Group, a $14 billion private equity firm. (ongoing)

Enigma Diagnostics Limited v Harvey Boulter, Charles Cook and DLA Piper – acting for the second and third defendants defending multi-million dollar claims in dishonest assistance and fraudulent trading in connection with the collapse of a medical diagnostics business. (ongoing)

VTB Capital v The Republic of Mozambique; Banco Commercial Portugues v The Republic of Mozambique; VR Capital v The Republic of Mozambique; Beauregarde and Orobica Holdings v The Republic of Mozambique – acting for the Republic of Mozambique in relation to various claims totalling c.$1 billion brought by banks and investors in distressed sovereign debt on purported sovereign guarantees procured by bribery and corruption arising out of the $2 billion “tuna bond” scandal that pushed Mozambique into a debt crisis. (ongoing)

LCIA arbitration – defending multi-million dollar claims in fraud in relation to an investment in a power plant in Uganda. (ongoing)

Agarwal v Standard Chartered Bank – advising the defendant bank on claims in relation to an alleged breach of the “Quincecare duty” in connection with a fraud on the claimant. (Jersey)

Gulfvin v TPC – acting for Egyptian and US defendants to claims in deceit and unjust enrichment against Egyptian and US parties on a successful challenge to the English court’s jurisdiction. Listed for hearing in May 2022.

Excalibur Almaz v Horie – acting in relation to US$50 million claims in deceit in connection with an investment and settlement agreement.

Mousavi v Abrishamchi – acting for an Iranian individual and company on successful applications to set aside freezing orders.

Auden McKenzie (Pharma Division) Ltd v Patel – acting for a defendant to £250 million claims for dishonest breach of fiduciary duty and fraudulent misrepresentation arising out of the sale of a major pharmaceuticals group.

British American Tobacco v Sequana – acting for BAT on its successful claim to claw back from a French listed conglomerate €135 million in dividends as a transaction defrauding creditors.

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.

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

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 & Partners Global 2022 and Chambers & Partners UK 2023 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:

BTI 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. The Supreme Court described its October 2022 judgment as a “momentous” decision for company law.

Hinduja v Hinduja– acting in a dispute between members of the Hinduja family in relation to the entitlement to the family’s assets. (ongoing)

Enigma Diagnostics Limited v Harvey Boulter, Charles Cook and DLA Piper – acting for the second and third defendants defending multi-million dollar claims in dishonest assistance and fraudulent trading under s.213 of the Insolvency Act 1986 in connection with the collapse of a medical diagnostics business. (ongoing)

Abraaj Holdings (in liquidation) v Neomia Private Equity Fund IV LP – acting for an investment fund defending clawback claims by liquidators arising out of the demise of the Abraaj Group, a $14 billion private equity firm, which collapsed with debts of over $1 billion. (ongoing)

DIFC LCIA arbitration – acting for a minority shareholder in a DIFC company bringing unfair prejudice claims in relation to an online delivery business worth over US$1 billion.

Levine v Ng – acting for a minority shareholder in a BVI company bringing unfair prejudice proceedings in relation to a Chinese manufacturing business.

LCIA arbitration – acting for the claimant bringing claims pursuant to an investment, call option, pledge and loan agreements in relation to a power plant in Uganda. (ongoing)

ICAP TP v Nex – acting for a defendant to multi-million pound claims under a Share Purchase Agreement between two publicly listed companies in relation to the sale of a voice-broking business worth c.£1.3 billion. (ongoing)

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

Excalibur Almaz v Horie – acting in relation to various claims for breach of fiduciary duty in connection with an investment in a space tourism business.

Auden McKenzie (Pharma Division) Ltd v Patel – defending claim for equitable compensation for breach of fiduciary duty.

LCIA arbitration – acing for a minority shareholder in shareholders’ dispute (involving claims for breaches of a shareholders’ agreement, articles of association and the Companies Act 2006, and for relief from unfair prejudice) in relation to a major internet and cloud services and software provider.

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.

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, in a case described by the Chancellor as a “long-running, high profile and extremely public dispute”. 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.

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 & Partners Global 2022, Chambers UK 2022 and the Legal 500 2023 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:

VTB Capital v The Republic of Mozambique; Banco Commercial Portugues v The Republic of Mozambique; VR Capital v The Republic of Mozambique; Beauregarde and Orobica Holdings v The Republic of Mozambique; VR Global Partners v The Republic of Mozambique – acting for the Republic of Mozambique in relation to consolidated claims totalling US$1 billion brought by various banks and investors in distressed sovereign debt on purported sovereign guarantees and arising out of the $2 billion “tuna bond” scandal that pushed Mozambique into a debt crisis, listed for a 12 week trial in the Commercial Court in 2023. (ongoing)

Jafar v Abraaj Holdings & Ors – acting for a defendant to claims in conspiracy and deceit arising out of the collapse with debts of over $1 billion of the Abraaj Group, a $14 billion private equity firm. (ongoing)

Gulfvin v TPC – acting for Egyptian and US defendants to claims in deceit and unjust enrichment against Egyptian and US parties on a successful challenge to the English court’s jurisdiction.

ICAP TP v Nex – acting for the defendant to multi-million pound claims in the Commercial Court for breach of warranty arising out of the £1.3 billion merger of two publicly listed voice-broking business in relation to swaps trading and the German cum-ex trading scandal. (ongoing)

Abraaj Holdings (in liquidation) v Neomia Private Equity Fund IV LP – acting for an investment fund in various related proceedings in arising out of the collapse of the Abraaj Group, a $14 billion private equity firm, which collapsed with debts of over $1 billion. (ongoing)

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. The Supreme Court described its decision on directors’ duties as “momentous” and “of considerable practical importance to the management of companies”.

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 US. (ongoing)

Mousavi v Abrishamchi – acting for an Iranian individual and company on successful applications to challenge jurisdiction and set aside freezing orders and successfully resisting an appeal to the Court of Appeal.

Lungowe v Vedanta – acting for a defendant to claims subject to a Group Litigation Order by over 2,000 individuals in relation to alleged pollution from a mine in Zambia.

Auden McKenzie (Pharma Division) Ltd v Patel – acting for a defendant to £250 million claims in the Commercial Court for breach of fiduciary duty, misrepresentation and breach of warranty (and a counterclaim for deferred consideration) arising out of the sale of a major pharmaceuticals group.

Chilcott (UK) Limited v Patel – acting for a defendant to claims in the Commercial Court for breach of warranty in relation to alleged historic breaches of competition law.

WH Smith v Philex – acting on claims for breach of contract in relation to the supply of travel products.

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.

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.

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 law

Ciaran is ranked in the Legal 500 2023 for Company and Partnership. He 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:

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 creditors contrary to 423 of the Insolvency Act 1986. The Supreme Court described its decision on directors’ duties as a “momentous” decision for company law and “of considerable practical importance to the management of companies”.

Enigma Diagnostics Limited v Harvey Boulter, Charles Cook and DLA Piper – acting for the second and third defendants defending multi-million dollar claims in dishonest assistance and fraudulent trading under s.213 of the Insolvency Act 1986 in connection with the collapse of a medical diagnostics business. (ongoing)

DIFC LCIA arbitration – acting for a minority shareholder in a DIFC company bringing unfair prejudice claims in relation to an online delivery business worth over US$1 billion. (ongoing)

Levine v Ng – acting for a minority shareholder in a BVI company bringing unfair prejudice proceedings in relation to a Chinese manufacturing business.

LCIA arbitration – acting for a minority shareholder in shareholders’ dispute (involving claims for breaches of a shareholders’ agreement, articles of association and the Companies Act 2006, and for relief from unfair prejudice) in relation to a major internet and cloud services and software provider.

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, in a case described by the Chancellor as a “long-running, high profile and extremely public dispute”.. 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.

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 of and unfairly prejudicial conduct towards members of the group.

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 2023 for Energy. As well as mainstream commercial

energy disputes, Ciaran is experienced in mines and minerals related matters. Recent notable cases include:

LCIA arbitrations – acting for the claimant in multiple LCIA arbitrations in relation to a multi- million dollar dispute regarding a power plant in Uganda. (ongoing)

Suppipat v Narongdej – acting for defendants to a $2 billion claim regarding wind farm assets in Thailand and the ownership of Thailand’s leading wind energy firm, listed for a 17-week trial in 2022. (ongoing)

LCIA arbitrations – acting for the defendants in separate LCIA arbitrations defending multi- million dollar claims in relation to a copper and molybdenum Armenia

Lungowe v Vedanta – acting for the defendant mine operator in relation to group claims in respect of alleged pollution from the mine.

UNCITRAL arbitration – acting for an Egyptian company in relation to $150 million claims relating to the sale and distribution of ammonium nitrate.

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 is ranked in Chambers & Partners Global 2022, Chambers & Partners UK 2023 and the Legal 500 2023 for Offshore litigation. His offshore practice spans numerous offshore jurisdictions (including the British Virgin Islands, the Cayman Islands, Jersey, the Isle of Man, Cyprus, the DIFC and Hong Kong) and a broad range of high-value commercial disputes, often involving a fraud, company, insolvency or jurisdiction angle. He is frequently instructed on investment fund cases and shareholder disputes. 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:

Abraaj Holdings (in liquidation) v Neomia Private Equity Fund IV LP – defending clawback claims by liquidators arising out of the demise of the Abraaj Group, a $14 billion private equity firm, which collapsed with debts of over $1 billion. (ongoing)

Levine v Ng – acting for a minority shareholder in a BVI company bringing unfair prejudice proceedings in relation to a Chinese manufacturing business. (BVI)

Excalibur Almaz v Horie – acting in relation to various claims in fraud in connection with an investment and settlement agreement. (Isle of Man)

Agarwal v Standard Chartered Bank – advising the defendant bank on claims in relation to an alleged breach of the “Quincecare duty”. (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)

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)

RCB Bank 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 is ranked in Chambers & Partners UK 2023 and the Legal 500 2023 for Partnership. He has extensive experience across the range of partnership cases, and particular expertise in complex or high-value partnership cases with an international element.

Notable cases include:

Abraaj Holdings (in liquidation) v Neomia Private Equity Fund IV LP – – acting for a limited partnership which was part of the Abraaj Group, a $14 billion private equity firm, which collapsed with debts of over $1 billion, defending clawback claims by liquidators. (ongoing)

Jafar v Abraaj Holdings & Ors – acting for a limited partnership which was part of the Abraaj Group, a $14 billion private equity firm, which collapsed with debts of over $1 billion, defending claims in deceit by lenders. (ongoing)

Lovell v Mercer & Ors – acting for the defendants in a multi-million pound claim for alleged breach of a partnership at will in relation to the development of properties for assisted living.

Krys v KBC Partners LP – 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, an ongoing 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, listed for an 8-week trial in 2024.

Publications

Directors’ duty to consider the interests of creditors (BTI v Sequana)

Challenging lawful dividend payment as a transaction defrauding creditors and for breach of directors’ duties (BTI 2014 LLC v Sequana SA and others; BAT Industries plc v Sequana SA and another)

BAT Industries PLC v Sequana SA – Interests of creditors and remedial discretion

Career

2016 on: 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