Francis Cardell-Oliver

Professional practice

Francis has a broad practice spanning commercial litigation, international arbitration and public law. He accepts instructions both as junior counsel and sole counsel and has been instructed (unled) in High Court (KBD), Circuit Commercial Court, and County Court proceedings. Before coming to the English Bar he practised for several years as a barrister and solicitor in Australia, where he appeared regularly (unled) in trials, applications and appeals in the Federal Court of Australia, Western Australian Supreme Court and other courts and tribunals across a wide range of practice areas, including public law, taxation, commercial, employment and criminal law.

Francis has particular expertise in civil fraud, shipping, insurance (including marine insurance), sanctions, conflict of laws, unjust enrichment, and public law. Recent and current instructions include:

United Company Rusal v Whiteleave Holdings Ltd & Ors: acting for the claimant in high value civil fraud proceedings before the Commercial Court against Vladimir Potanin and Roman Abramovich, relating to alleged mismanagement of Norilsk Nickel, the world’s largest nickel producer (led by Nathan Pillow KC, Tom Ford and Sophia Hurst).
Russian Aviation Operator Policies Claims: acting for war risks and all risks reinsurers in the Russian aviation insurance litigation, one of The Lawyer’s top 20 cases for 2024 (led by Philippa Hopkins KC and Owen Lloyd).
Acting in Commercial Court proceedings for war risks insurers of the MT “Niovi”, seized by the Iranian Revolutionary Guard Corps Navy in the Strait of Hormuz in May 2023 (led by David Walsh KC).
Acting for a well-known oil major in a claim for injunctive relief in the Commercial Court against a sovereign state (led by Philippa Hopkins KC).
Acting (unled) for an online bank in a Circuit Commercial Court fraud claim against a motor vehicle finance broker and its directors.
R (KP) v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 370 (Admin): working on secondment in the Foreign, Commonwealth and Development Office legal team that successfully defended this judicial review arising out of the presence of migrants on the island of Diego Garcia.

Francis is a member of the Attorney General’s Junior Juniors panel and has recently been seconded to the Office of Financial Sanctions Implementation at HM Treasury, to assist with sanctions enforcement work, and the Foreign, Commonwealth and Development Office, where he advised on law of the sea and refugee law issues and on matters relating to the UK-Mauritius treaty on the status of the Chagos Islands. He has previous experience as a government lawyer in Australia, acting in a range of judicial review matters, including (as solicitor) in two leading constitutional cases before the High Court of Australia arising out of an AUD 29 billion arbitral dispute: Mineralogy Pty Ltd v Western Australia (2021) 274 CLR 219 and Palmer v Western Australia (2021) 274 CLR 286.

Francis holds a BA and LLB (having graduated first in his class) from the University of Western Australia, LLM (first class) from the University of Cambridge (where he was a Cambridge Australia scholar), and MPhil (distinction) from the University of Oxford (where he was a Clarendon scholar). He has also taught public law and companies law at the Australian National University and has published in leading academic journals, including (most recently) the Cambridge Law Journal.

Arbitration & related court applications

Francis has experience in a range of arbitration matters, and is familiar with the LCIA, ICC, LMAA, and SIAC rules. Recent instructions include:

Acting for reinsurers in a series of six ad hoc arbitrations arising out of treaty reinsurance of a Middle East energy account.
Acting for shipowners in a s. 69 appeal from an LMAA award.
Acting for charterers in several LMAA arbitrations.

Francis has also worked recently on an ad hoc arbitration for a central Asian client against a state-owned entity of another state. As a pupil he assisted with a further s. 69 appeal, a s. 68 application, and an application for a freezing order in support of a foreign seated arbitration.

Francis’ arbitration experience extends to investment treaty arbitration including working, while practising in Australia, on the second ever investment treaty arbitration brought against the Commonwealth of Australia (Zeph Investments Pte Ltd v Commonwealth of Australia).

Banking & financial services

Francis has experience in a range of banking and financial services disputes. Recent examples include:

Advising the Dubai-based sub-investment manager of a Cayman Islands fund on the recovery of its losses following a bond trade gone wrong.
Acting for a digital bank in a claim to recover funds advanced to a broker in respect of a portfolio of motor vehicle financing agreements.
Advising a European litigation funder on potential unjust enrichment claims in the event of the annulment of an international arbitral award in South America.

He has also published in one of Australia’s leading banking and finance law journals (the Journal of Banking and Finance Law and Practice).

Civil Fraud & Asset Tracing

Francis has a rapidly growing practice in civil fraud and asset recovery. He currently acts for the claimant in high value Commercial Court proceedings against (inter alios) Vladimir Potanin and Roman Abramovich relating to the management of Norilsk Nickel, the largest mining company in Russia and one of the world’s largest producers of nickel, copper and palladium: United Company Rusal v Whiteleave Holdings Ltd & Ors (with Nathan Pillow KC, Tom Ford and Sophia Hurst).

He has experience of contempt proceedings and worldwide freezing orders and is also regularly instructed unled in fraud claims in the Circuit Commercial Court and County Court. Recent examples include:

A claim by a digital bank against a motor vehicle finance broker and its directors for misappropriation of funds advanced to them.
A claim by a timber merchant against the directors of its warehousing provider for conversion of stock.

Commercial chancery disputes

Francis has acted in a range of company law, trusts and partnership disputes, including:

A claim in relation to central London real estate allegedly held on constructive or resulting trust for members of an international corporate group.
An international shareholder dispute involving allegations of unfair prejudice and oppression.
Litigation and arbitral proceedings arising out of a dispute over control of an English limited liability partnership.

He formerly taught companies and insolvency law at the Australian National University.

Commercial dispute resolution

Francis acts in a wide range of commercial litigation and arbitration. Recent instructions include:

Acting (unled) for the French defendant in Circuit Commercial Court proceedings for breach of contract, breach of confidence and unjust enrichment arising out of the acquisition of a UK food services company.
Acting (unled) for a Singaporean company in a claim against a UK-based former senior employee relating to liability for UK tax.
Acting for the holding company of a Hong Kong-based international corporate group in a claim to recover London real estate from the executor of one of its former officers.
Advising a UAE-based investment manager on claims arising out of an international bonds trade.

Company & Insolvency Law

Recent instructions include:

United Company Rusal v Whiteleave Holdings Ltd & Ors, a dispute between the shareholders of one of the world’s largest nickel and palladium producers, including allegations of breach of English law directors’ duties (embodied in an English-law-governed contract), and issues of reflective loss.
A dispute between the Swiss-based shareholders of a UK tech company involving allegations of unfair prejudice.
Advising on potential phoenixing claims against the director of a series of English companies.

Francis has also appeared as counsel in numerous winding up applications in Australia, and formerly taught companies and insolvency law at the Australian National University.

Conflict of laws & private international law

Francis regularly advises or acts in cases raising conflicts of laws issues and has a longstanding academic interest in the topic, having received the conflict of laws subject prize during his LLB and achieved first class results in the conflict of laws paper during his Cambridge LLM. Recent highlights include:

Acting in a claim for injunctive relief by an oil major against a sovereign state, raising issues of sovereign immunity and service.
Advising (unled) on choice of law and choice of jurisdiction in a prospective claim under a contractual indemnity executed in the UAE.
Advising (unled) on the merits of a challenge to jurisdiction by a French defendant served out of the jurisdiction.
Advising on service of an arbitration claim form out of the jurisdiction.

Francis has particular expertise in conflicts issues relating to British Overseas Territories (including Bermuda, the Cayman Islands and British Virgin Islands), having previously worked on secondment in the Foreign, Commonwealth and Development Office legal team responsible for overseas territories.

Energy & natural resources

Francis regularly acts and advises in energy and mining disputes. Recent highlights include acting in proceedings relating to the management of Norilsk Nickel, the largest miner in Russia and one of the world’s largest producers of nickel, copper and palladium (United Company Rusal v Whiteleave Holdings Ltd & Ors); in Commercial Court proceedings brought by an oil major against an African sovereign state; and an ad hoc arbitration by a central Asian miner against a major state-owned enterprise of a neighbouring state.

Human rights & civil liberties

Francis has a particular interest in human rights matters. His practice in Australia, before coming to the English Bar, included advising both government and members of the public on civil liberties issues, including use of force, deprivation of liberty, police powers, and the validity of warrants.

Francis recently completed a secondment at the Foreign, Commonwealth and Development Office where he worked on judicial review proceedings relating to the presence of migrants on the island of Diego Garcia (R (KP) v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 370 (Admin)) and advised on international human rights law, immigration law, and the legality of the use of force and deprivation of liberty.

He has volunteered with organisations including the Environmental Defenders Office (Australia), assisting environmental activists charged with public order offences, and Oxford Pro Bono Publico, where he contributed to a research project, in partnership with Reprieve, on the use of the death penalty for drug offences.

Insurance & reinsurance

Francis is regularly instructed in a range of marine and non-marine insurance disputes. Recent highlights include:

Acting for war and all risks reinsurers in the Russian aviation Operator Policies litigation (with Philippa Hopkins KC and Owen Lloyd).
Acting in Commercial Court proceedings for the war risks insurers of the VLCC MT “Niovi”, seized by the Iranian Revolutionary Guard Corps Navy in the Strait of Hormuz in May 2023 (with David Walsh KC).
Acting for treaty reinsurers in six related ad hoc arbitrations relating to the reinsurance of a Middle East energy account (with Philippa Hopkins KC).
Acting for marine insurers in a claim under an MII policy arising from the scuttling of a vessel (with David Walsh KC).
Acting unled in High Court proceedings against a major UK life insurance provider.

Francis also has experience as a pupil assisting with various COVID business interruption insurance claims (including Gatwick Investment Ltd v Liberty Mutual Insurance Europe SE [2024] EWHC 124 (Comm) and Lals Holdings Ltd v Emirates Insurance Company (PSC) [2024] DIFC CA 002, the first such claim to be litigated in the DIFC) and with arbitrations and advice on Bermuda form insurance.

Offshore Litigation

Francis has experience of a range of offshore jurisdictions. He has particular expertise in the British Overseas Territories, including the Cayman Islands, British Virgin Islands and Bermuda, having worked on secondment in the Foreign, Commonwealth and Development Office legal team responsible for overseas territories.

During pupillage, Francis assisted with advice on the application of the Segregated Accounts Companies Act 2000 of Bermuda and with a major civil fraud matter litigated in Bermuda and now on appeal from the Eastern Caribbean Court of Appeal to the Judicial Committee of the Privy Council.

Public & administrative law

Francis recently completed a secondment with the Foreign, Commonwealth and Development Office, during which he worked extensively on litigation and advice work arising from the presence of migrants on the island of Diego Garcia, including the unsuccessful rationality challenge in R (KP) v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 370 (Admin). He also worked closely on a series of public interest immunity claims.

He has several years of experience practising public and administrative law in Australia, including acting as junior counsel in judicial review matters and advising government at all levels (up to and including advice to senior ministers and Cabinet) on a wide range of administrative and constitutional law matters.

Before joining Chambers, Francis also volunteered with the Environmental Defenders Office in Australia, advising on judicial review matters relating to police powers, and taught constitutional law at the Australian National University. His MPhil thesis at the University of Oxford addressed unjust enrichment claims against public authorities, including the public law aspect of such claims.

Public international law

Francis recently completed a secondment with the Foreign, Commonwealth and Development Office, which included advising on law of the sea and refugee law issues, and work on the UK-Mauritius treaty relating to the status of the Chagos Islands.

He has previously had experience in Australia advising government on international trade law issues (including the negotiation of the UK-Australia Free Trade Agreement and proposed EU-Australia Free Trade Agreement) and a major bilateral investment treaty claim (Zeph Investments Pte Ltd v Commonwealth of Australia).

Sanctions

Many of Francis’ cases involve sanctions issues and he has recent experience of the UK, EU, US and Australian sanctions regimes. Highlights include:

Secondment at the Office of Financial Sanctions Implementation, working on enforcement of the UK’s Russia sanctions regime.
Acting for insurers in a marine insurance claim before the Commercial Court concerning the seizure by Iranian authorities of a merchant vessel and involving US and EU sanctions defences.
Acting for reinsurers in the Russian aviation Operator Policies litigation, involving US, EU and UK sanctions defences.

Acting in high value fraud proceedings before the Commercial Court involving EU sanctions issues.

Shipping & admiralty

Francis is regularly instructed (led and unled) in a range of shipping and marine insurance matters, including LMAA arbitrations and related High Court applications/appeals. Recent instructions include:

Advising owners / their P&I Club on various issues arising under charterparties and bills of lading during and following the 12-day war between Israel, the US and Iran, and Houthi attacks on merchant shipping.
Acting in Commercial Court proceedings for the war risks insurers of the VLCC MT “Niovi”, seized by the Iranian Guard Corps Navy in the Strait of Hormuz in May 2023 (with David Walsh KC).
Acting for marine insurers in a claim under an MII policy arising from the scuttling of a vessel (with David Walsh KC).

Francis also has experience as a pupil of shipbuilding, general average, tonnage limitation and yacht brokerage and insurance disputes.

Unjust enrichment & restitution claims

Francis has particular expertise in unjust enrichment, which was the subject of his Oxford MPhil. His academic work on the subject has recently been published in the Cambridge Law Journal and he regularly advises on unjust enrichment claims in practice. Recent examples include:

Advising a litigation funder on potential unjust enrichment claims following arbitral proceedings and litigation in Brazil and Germany (with Tariq Baloch KC).
Acting (unled) in a claim for restitution for failure of basis of the purchase price under a contract for carriage by private jet.
Acting (unled) for the defendant in a claim to recover an introducer’s fee relating to a corporate acquisition as a quantum meruit.

Acting (unled) for a claimant in proceedings to recover tax mistakenly paid to the revenue on behalf of an employee.

Career

2024: Tenant at Essex Court Chambers

2023-24: Pupil at Essex Court Chambers (with David Walsh)

2023: Called to the Bar (Inner Temple)

2023: Casual Sessional Academic, Australian National University

2022: Research Assistant, University of Oxford

2017-21: Barrister and Solicitor, State Solicitor’s Office (Western Australia)

2016: Judge’s Associate, Supreme Court of Western Australia

2016: Admitted to practice in Western Australia

Education

2021-22: MPhil Law, The Queen’s College, Oxford (Distinction)