“Nothing less than Superman in cross-examination and mediation.” Legal 500, 2020
“He’s a really responsive, affable barrister who’s commercial in his outlook, and who will bend over backwards to get things done.” “He impresses with his enthusiasm and his willingness to go the extra mile.” Chambers & Partners, 2020
“Extremely user friendly and very much works in partnership with the instructing solicitor.” Legal 500, 2019
“Stands out for his easy-going approach, efficient turnaround of quality work and excellent sense of humour.” Chambers & Partners, 2019
Recommended by the Legal 500 2020 and Chambers & Partners 2020 as a leading junior in commercial disputes, Matthew is experienced in Commercial Court, QBD, Chancery, Companies Court and TCC proceedings, as well as in arbitrations conducted both ad hoc and under specified institutional rules. He is at ease seeking freezing and other mandatory injunctions at short notice. His commercial cases often involve group / multi-party actions. Most of his cases straddle various areas of law, including commercial contract, the economic torts, civil fraud, company law and the law of fiduciary duties. His wide sector experience extends to aviation, energy/natural resources and banking disputes.
Recent experiences have focused on the areas addressed in the drop-down headings below.
Commercial Contract Disputes
Matthew regularly appears in and advises on disputes embracing all aspects of commercial contract law. He provides clear advice on the proper construction of contracts and is experienced in litigating matters spanning the whole range of contractual law, across a variety of business contexts. He has acted in a large number of claims alleging misrepresentation. Some examples of recent experience include:-
- Quidnet Capital Partners LLP v Colsilverbird A S.ARL & Others – Acting for property investment firm in breach of contract claim for c. £5m against various Luxembourg companies.
- Kupeli & others v (1) Kibris Turk Hava Yollari Sirketi (2) Atlasjet Havacilik Anonim Sirketi [2016] EWHC 930 (QB), [2016] 4 Costs LR 747 – successfully representing (against Leading Counsel) 837 claimant passengers in a trial of test claims against a Turkish airline, seeking damages for the airline’s failure to fly them. The claim engaged contract law and the EU Denied Boarding Regulations, as well as arguments as to the correct approach to costs in test case litigation. Acted in costs appeal in Court of Appeal, reported at [2018] 4 All ER 434; [2019] 1 WLR 1235.
- Advising and acting in relation to various claims involving shareholder and share purchase agreements, including breach of warranty and indemnity claims and claims on guarantees.
- Advising and acting in insurance coverage disputes across various contexts, including fire and property damage claims.
Matthew has wide experience of domestic and international arbitrations, conducted both ad hoc and under specified institutional rules. Recent arbitration disputes in which Matthew has been involved include:
- ICC arbitration – international sale of goods dispute in energy (powerplant) sector (2020).
- LCIA arbitration in Russian oil and gas sector – arguments as to force majeure and the effects of “take or pay” obligations (2019).
- Saudi Arbitration – advising on early stages of arbitration in oil & gas sector, under Saudi Arabian statutory arbitration rules.
- Acting (with Justin Fenwick QC) for high net worth individual, resisting application for security for an arbitral award under s.70 of the Arbitration Act 1996 and associated application for worldwide freezing order (Commercial Court, 2018).
- Acting for foreign company in LCIA arbitration involving EPC/O&M contracts in the solar energy industry. The case involved highly technical evidence, complex contractual warranties and the validity of calls on performance bonds.
- Higgins v Network Rail Infrastructure Ltd (TCC, 2017) – application to remove arbitrator under section 72(1) of the Arbitration Act 1996, in context of breach of contract dispute.
International Litigation / Private International Law
Matthew is experienced in work with an international dimension involving conflicts of laws and jurisdictional issues. Recent examples of claims involving an international dimension include:-
- Ang v Reliantco Investments Ltd [2019] 3 WLR 161; 2 All ER (Comm) 958 – jurisdiction challenge under Brussels Recast Regulation; consumer status under Art.17.
- Advising South African state-owned entities as to jurisdictional issues in relation to potential claims in English High Court.
- Advising French-owned Algerian Company as to contractual indemnities owing to the subsidiary of a major oil company involved in a joint venture at a gas plant, Algeria. The claim engages both Algerian law and broader questions of jurisdiction.
- Cross-jurisdictional claim by high net worth trader against a financial options brokerage website, involving interesting jurisdictional issues and allegations of misrepresentation.
- Advising as to various disputes involving letters of request issued by English and foreign courts.
- Acting (as junior) in various claims involving the question of liability for the foreign-based subsidiary of an English parent company (Guerrero & 30 Ors v Monterrico Metals Plc; Kessabo and others v African Barrick Gold Plc ). Issues: Act of State doctrine / State Immunity, freezing injunctions, anti-suit injunctions.
Banking & Financial Services
Matthew is regularly instructed in claims relating to loans, guarantees and those engaging the Consumer Credit legislation (in particular its unfair relations provisions), as well as mis-selling claims and claims brought under FSMA 2000 more generally.
Examples of recent banking and finance experience include:
- Syndicate Bank v Dansingani & Ors [2019] EWHC 3439 (Ch) – trial of claim by bank seeking to enforce loan securities, in which Matthew ran a rare successful undue influence defence, obtaining rescission of a personal guarantee and a mortgage entered into 13 years apart.
- Pilgrim Rock Ltd v Iwaniuk [2019] GCCR 17013; [2019] E.C.C. 8; [2019] C.T.L.C. 96 – appearing for successful respondent in appeal against decision in an unfair relationship challenge under the Consumer Credit Act 1974 in which the trial judge re-wrote a loan agreement, relieving Matthew’s client of some £1.3m in interest (decision below reported at [2017] GCCR 15027).
- S v BHIM Ltd – advising and acting in IFA’s defence of claim for damages in relation to a mis-sold investment. Various breaches of COBS rules and the Financial Services and Markets Act 2000 are alleged.
Energy & Natural Resources
In recent years Matthew has built up a significant body of experience in the energy sector. His expertise spans the construction and operation of traditional oil & gas infrastructure facilities, but he also has significant experience in the renewables sector. Matthew’s experiences of product liability cases involving highly technical evidence stand him in good stead when acting in and advising on energy matters.
Recent examples of Matthew’s energy and natural resources experience include:
- ICC arbitration – international sale of goods dispute relating to equipment supplied for use in powerplants.
- Early stage LCIA arbitration in Russian oil and gas sector – arguments as to force majeure and the effects of “take or pay” obligations.
- Saudi Arbitration – advising on early stages of arbitration in oil & gas sector, under Saudi Arabian statutory arbitration rules.
- Advising and acting for a Kazakh subsidiary of a UK Plc, regarding potential claim arising out of refusal of insurance cover for a catastrophic loss at a copper extraction plant.
- Defending French-owned Algerian Company against claim by BP subsidiary arising out of contractual indemnities allegedly owed in respect of a joint venture at a gas plant in Algeria.
- F&S Solar Invest UK Limited v Ampegon AG – share purchase agreement breach of warranty claim in relation to solar farm constructed under the FiTs scheme.
- Advising UK administrators of off-shore wind company as to potential claims for breach of contract arising out of an asset purchase agreement with a Belgium company.
- Acting for Spanish company in solar energy arbitration in which solar plants were alleged to have been installed with defective solar panels.
Restrictive Covenant / Confidential Information Disputes
Matthew has extensive experience of urgent High Court injunction proceedings seeking to restrain the alleged abuse of confidential information / breaches of restrictive covenants across various industry contexts, including recruitment, financial services and the insurance sector. His work in this area draws on and complements his knowledge and experience of economic torts claims and of claims involving breach of directors’ duties. 2019/2020 has seen him acting in various restrictive covenant / confidential information claims, including in the insurance broking, recruitment consultancy and retail sectors.
