• The Czech Republic v Diag Human SE and Josef Stava [2023-] (Commercial Court) – acting for the defendants in one of The Lawyer’s ‘Top 20 Cases of 2024’. The Czech Republic seeks to overturn a 2022 BIT award against it in the sum of c.US$730 million with applications under ss.67 and 68 of the Arbitration Act 1996. The English proceedings are part of a long-running dispute relating to the destruction of the defendants’ blood plasma business by the Czech state in the 1990s and the subsequent corruption on the part of the Czech state in domestic arbitral proceedings.
• Magomedov and others v TPG Group Holdings and others [2023-] (Commercial Court) – acting for Halimeda International Ltd (a Cypriot company) in its defence of one of the largest ever claims issued in the Commercial Court in which damages are sought in the sum of US$13.5 billion. The claimants allege a wide-ranging fraud in respect of their shares in FESCO, a Russian logistics and transportation business. Successfully resisted an application for a worldwide notification injunction: [2023] EWHC 2655 (Comm).
• Chen and another v Ma Ting Hoi and others [2023-] (BVI Commercial Division) – acting for the claimant lenders to the A7 Tower Development (a project to build the second tallest skyscraper in Taiwan) who allege that they have been the victim of a c.US$1billion+ fraud by which their security interests have been rendered worthless. Obtained urgent injunctions to prevent assets from being moved out of the investment structure.
• Securities and Exchange Commission v (1) Terraform Labs Pte Ltd (2) Wintermute Trading Limited (3) Ors [2023-] (Kings’ Bench Division) – acting for Terraform Labs in its defence of a c.US$40 billion claim brought by the SEC following the collapse of the cryptocurrencies Terra and Luna, in particular with a successful application under the Hague Evidence Convention against a English cryptocurrency trading firm (Wintermute) and its directors.
• Greenslade and five others v Everbridge Holdings Ltd and Everbridge Inc. [2023-] (Commercial Court) – acting for NASDAQ listed Everbridge (a global software business) in a substantial c.US$70 million commercial dispute arising out of a Share Purchase Agreement. Allegations of breach of contract by alleged delay in issuing shares to the sellers as part of the consideration for the sale.
• Pendragon Master Fund v Porsche Automobil Holding SE [2023] – acting for Porsche in c.$195million civil fraud proceedings in which investors allege that Porsche misrepresented its intentions to acquire shares in Volkswagen, including (unled) in an interim application involving related proceedings in the German Courts.
• Operafund & Anor v The Kingdom of Spain [2023] (Commercial Court) – acting for two substantial renewable energy businesses against the Kingdom of Spain in their claim to enforce a c.EUR30 million ICSID award arising out of the Energy Charter Treaty in which Spain raises a defence of sovereign immunity.
• (1) Jason Morton (2) Shane Morton (3) Owen Morton v Nexo Capital Inc [2023] – instructed by the claimants, a group of entrepreneurs who allege that the defendant cryptocurrency exchange has committed breaches of contract and the tort of intimidation by freezing their accounts and then requiring them to take a c.US$40m discount on the value of their cryptoassets in order to be able to withdraw them. 8-day trial listed for 2024.
• ClientEarth v Shell plc & Ors [2023] 1897 (Ch) – instructed by environmental charity ClientEarth to pursue a derivative claim against the directors of Shell plc in relation to alleged breaches of duty in mismanaging climate risk. Judgment of Trower J substantially developed the law in relation to derivative actions.
• Liu Tieh Ching v (1) TJY Holdings Ltd (2) Liu Ju Ching (3) Liu Yu Ching [2023-] (BVI Commercial Division) – acting for the Hong-Kong-based claimant in his substantial unfair prejudice petition regarding the conduct of a BVI registered holding company and its Cayman Islands, Hong Kong and other subsidiaries engaged in the marine and property sectors.
• A v B [2023] (LCIA) – acting for the claimant private equity fund in c.£80 million arbitral proceedings arising out of an investment in a major European shipping business, seeking declaratory relief in relation to various options under the investment contract and the repayment of a multimillion-pound loan.
• Tonstate Group Limited and others v Wojakovski and others [2023-] (ChD): acting for the claimants in complex shareholder and bankruptcy litigation comprised of derivative actions, double-derivative actions, an unfair prejudice petition and contempt proceedings. The claimants, a prominent property investment business, established that a director misappropriated millions of pounds from the business and obtained judgment for c.£30 million. Sam has appeared in over 15 hearings in this matter over the last few years including in the Court of Appeal.
• A v B [2023-] (LCIA) – instructed by the claimants in arbitral proceedings to recover a c.£1.6billion debt in which the respondent attacks the relevant chains of assignment and raises a set-off defence based on an unlawful means conspiracy. 3-week trial due to take place in 2024.
• LMN v Bitflyer & others [2022] EWHC 2954 (Comm) – instructed by the successful claimant (the victim of a computer hack which resulted in losses of c.£15m) in the first application for disclosure against parties located outside the jurisdiction brought under the new gateway (25).
• Abu Dhabi Commercial Bank v BRS Shetty and others [2022] EWHC 529 (Comm) – instructed by two defendants to a US$1 billion claim (and freezing injunction) alleging a conspiracy to defraud a UAE bank into advancing loan facilities by misrepresenting the financial position of NMC Health plc, a major healthcare company which suffered a widely-reported collapse in early 2020. A jurisdiction challenge was upheld in April 2022.
• The Libyan Investment Authority v (1) Credit Suisse International…(3) Frontier Investment Management Partners Ltd [2021] EWHC 2684 (Comm) – successful defence of the third defendant, a DIFC (Dubai offshore) registered investment manager, against allegations that they were involved in allegedly dishonest arrangements in which the claimant sovereign wealth fund entered into disputed securities transactions involving Notes issued by Credit Suisse International to the value of approximately US$200 million. Claims dismissed with indemnity costs following summary judgment / jurisdiction / service-out challenge.
• Vneshprombank LLC v Bedzhamov and others [2020] (ChD) – acting for an insolvent bank in a successful application for a £1.3 billion worldwide freezing order, search order and passport order and claim for damages against the bank’s former shareholder and management team. Includes complex cross-border insolvency and bankruptcy issues (judgments include [2019] EWHC 1430 (Ch)).
• Alexander Tugushev v Vitaly Orlov and others [2020] – acting for a defendant in a substantial fraud claim worth approximately $350 million arising out of a dispute between shareholders in one of the world’s largest fishing companies ((judgments include [2020] EWHC 1290 (Comm) and [2020] EWHC 1291 (Comm)).
• Tethyan Copper Company Pty Limited v The Republic of Balochistan [2020] – acting for the Republic of Balochistan (a province of the Islamic Republic of Pakistan) in a $6 billion dispute regarding the ‘Reko Diq’ copper mine in which allegations of bribery and corruption are made against corporate executives and State officials (judgments include [2020] EWHC 938 (Comm)).
• Qatar Airways Group QCSC v (1) Middle East News FZ LLC (2) Middle East News UK Limited (3) MBC FZ LLC (4) Al Arabiya News Channel FZ LLC [2020] EWHC 2975 (QB) – acted for the Claimant, the Qatari state-owned national flag carrier, in proceedings against the Defendants, a news agency owned (at least in part) by the Saudi state, arising out of the blockade of Qatar in 2017 by several Gulf States. The Claimant brought claims for malicious falsehood, conspiracy and unlawful interference arising out of a video produced by the Defendants showing things a military aircraft firing a missile at a Qatar Airways jet.
• Walsh v Greystone Financial Services Ltd [2019] EWHC 2573 (Ch) – instructed in a three-week trial in the Chancery Division relating to allegations of deceit and breach of duty against a former financial adviser following multimillion pound investments into fraudulent “film partnership schemes”.
• Halliburton v Chubb[2019] (UKSC) – acting for the Chartered Institute of Arbitrators in a successful application to intervene in a Supreme Court appeal relating to the removal of an arbitrator for lack of impartiality.
• PL Holdings v Poland [2018] (Commercial Court) – acting against the state of Poland in an application to enforce a substantial arbitration award arising out of a financial institution’s investment in the Polish banking industry. The case raised issues as to the applicability of the ECJ’s judgment in Achmea.
• Fundo Soberano De Angola v dos Santos and others [2018] EWHC 2199 (Comm) – acting for a number of private equity funds and other corporate defendants in a successful application to discharge a $3 billion worldwide freezing and proprietary injunction obtained by the Angolan sovereign wealth fund, to challenge the jurisdiction of the English Court over the substantive claims and to vary a proprietary injunction.
• The Ministry of Defence v X [2018] (ad hoc arbitration) – acting for a major manufacturer in the defence sector in respect of claims worth c.£50 million brought by a government’s defence department regarding hardware and software.

Sam’s recent civil fraud / asset recovery matters include the following:

• Abu Dhabi Commercial Bank v BRS Shetty and others [2021] (Commercial Court): Sam is instructed by two respondents to a US$1 billion freezing injunction brought by the claimant bank following the well-publicised collapse of the NMC Group (the largest healthcare provider in the UAE). A jurisdiction challenge and an application to set-aside the injunction have been listed for a hearing in November 2021 (with Tim Penny QC, James Sheehan and Frederick Alliott).
• VV v Persons Unknown and others [2021]: Instructed as part of the team which obtained the first cryptocurrency injunction in the Isle of Man following an email interception fraud which caused Bitcoin to be misappropriated. Relief included disclosure orders against cryptocurrency exchanges, a worldwide freezing injunction and a proprietary injunction. Sam assisted local lawyers by drafting submissions for the Isle of Man Court.
• Ion Science Limited v Persons Unknown and others [2021] (Commercial Court) (unreported): Instructed as sole advocate in one of the leading cases on crypto injunctions. The Commercial Court granted permission to serve disclosure orders out of the jurisdiction against exchanges and made freezing and proprietary injunctions against wrongdoers.
• Freenode [2021] (Commercial Court) – acted for and advised the owner of Freenode.net, one of the World’s principal open-source code webchat websites, in their successful action to regain access and control of the Freenode.net domain and servers from interdiction by website administrators (with Paul Lowenstein QC).
• Tonstate Group Limited & Ors v Wojakovski and others [2020] (ChD): Acting in complex civil fraud litigation comprised of derivative actions, double-derivative actions and an unfair prejudice petition, in which the Claimants, a prominent property investment company, allege that a director has misappropriated c.£15m (with Andrew Fulton). Successfully obtained an unless order ([2019] EWHC 2902 (Ch)), strike out of parts of the Defence ([2019] EWHC 3353 (Ch)), a proprietary injunction ([2020] EWHC 325 (Ch)), a debarring order ([2020] EWHC 1004 (Ch)), security for costs ([2020] EWHC 1738 (Ch)) and a bankruptcy order ([2020] EWHC 2737 (Ch)).
• The Libyan Investment Authority v (1) Credit Suisse International (2) Man Asset Management (Ireland) Limited (3) Frontier Investment Management Partners Ltd and others [2020] (Comm): Acting for the Third Defendant, an investment manager, to defend allegations that they were involved in allegedly dishonest arrangements in which the Claimant sovereign wealth fund entered into disputed securities transactions involving Notes issued by Credit Suisse International to the value of approximately US $200 million. Current issues include jurisdiction, choice of law, limitation and full and frank disclosure (with Paul Lowenstein QC).
• Qatar Airways Group QCSC v (1) Middle East News FZ LLC (2) Middle East News UK Limited (3) MBC FZ LLC (4) Al Arabiya News Channel FZ LLC [2020] EWHC 2975 (QB): Acting for the Claimant, the Qatari state-owned national flag carrier, in proceedings against the Defendants, a news agency owned at least in part by the Saudi state, arising out of the blockade of Qatar in 2017 by several Gulf States. The Claimant brings claims for malicious falsehood, conspiracy and unlawful interference arising out of a video which it is alleged (i) was produced and published by the Defendants (ii) showed amongst other things a military aircraft firing a missile at a Qatar Airways jet; and (iii) caused the Claimant significant losses (with Thomas Raphael QC).
• Alexander Tugushev v Vitaly Orlov and others [2019-2020] (Comm): Acting for a defendant in a substantial fraud claim worth approximately $350 million arising out of a dispute between businessmen in the fishing industry (with Philip Hinks) ((judgments include [2020] EWHC 1290 (Comm) and [2020] EWHC 1291 (Comm)).
• Tethyan Copper Company Pty Limited v The Republic of Balochistan [2019-2020]: Acting for the Republic of Balochistan (a province of the Islamic Republic of Pakistan) in a $6 billion dispute regarding the ‘Reko Diq’ copper mine in which allegations of bribery and corruption are made against corporate executives and State officials (with Christopher Hancock QC) (judgments include [2020] EWHC 938 (Comm)).
• VTB Commodities v JSC Antipinsky Refinery and others [2019-2020] (Comm): Acting for a respondent to committal proceedings concerning an alleged breach by a non-party to the underlying action of disclosure obligations in a EUR225 million Worldwide Freezing Injunction.
• Walsh v Greystone Financial Services Ltd [2019] EWHC 2573 (Ch): Instructed in a three-week trial in the Chancery Division relating to allegations of deceit and breach of duty against a former financial adviser following multimillion pound investments into fraudulent “film partnership schemes” (with Tony Beswetherick).
• Vneshprombank LLC v Bedzhamov and others [2019] (ChD): Acting for an insolvent bank in a successful application for a £1.3 billion worldwide freezing order, search order and passport order and an ongoing claim for damages (with Paul McGrath QC, Ben Griffiths and Philip Hinks). Acting unled in successful interim application ([2019] EWHC 1430 (Ch)).
• BA v XS [2019] (Comm): advising a first-class bank in connection with a proposed substantial fraud action and associated pre-emptive remedies to be brought in England against an ultra-high net worth individual (with Paul Lowenstein QC).
• TH v KM [2019] (DIFC): Acting for judgment creditors in worldwide efforts to enforce a $100 million judgment, including various applications for disclosure in offshore jurisdictions including against third-parties (unled).
• Fundo Soberano De Angola v dos Santos and others [2018] EWHC 2199 (Comm): Acting for a number of private equity funds and other corporate defendants in a successful application to discharge a $3 billion worldwide freezing and proprietary injunction obtained by the Angolan sovereign wealth fund and to challenge the jurisdiction of the English Court over the substantive claims (with Philip Edey QC and Andrew Fulton). Acting in a number of subsidiary applications, including a successful application to vary the terms of the proprietary injunction to enable the payment of legal fees (with Julian Kenny QC).
• BP v BZA [2018] (Comm): Acting for a subsidiary of a major oil and gas company in a complex application for Norwich Pharmacal relief and a permanent gagging order (unled).
• Qatcom LLC v Stephen Jones and others [2018] EWHC 492 (Comm): Acting for a Qatari e-commerce company in a successful application for mandatory and prohibitory injunctions against a former senior employee which enabled the company to recover its domain name and other key electronic assets (unled). Instructed to pursue a claim for damages (governed by Qatari law) against several defendants.
• CV v RT [2018] (Comm): Acting for the liquidators of an insolvent European bank in claims to recover misappropriated assets worth c.£100m from former shareholders and directors of the bank (with Philip Riches).
• ECP v SL [2018] (Comm): Acting for award creditors in an application for post-award asset disclosure and an innovative application for alternative service (unled).
• A v B [2018] (ICC): Acting for a Middle-Eastern party in relation to claims for unfair prejudice and breach of contract arising out of a multimillion pound investment in the London property market (with Tony Beswetherick). Successfully resisting various applications made by the Claimants before the tribunal (unled).
• Marubeni v Navico and others [2018] (Comm): Acting in a successful application for a post-award worldwide freezing injunction and proceedings for contempt (with Lawrence Akka).
• Deutsche Bank AG v (1) Sebastian Holdings Inc (2) Alexander Vik [2017] (Comm): Acting in an application to challenge the Court’s jurisdiction over committal proceedings (with Duncan Matthews QC and Charlotte Tan).

Sam’s recent energy and environment matters include the following:

• A v B [2022] (Chancery): Instructed in a ground-breaking piece of litigation against one of the world’s largest oil companies arising out of its failures to prepare a proper plan for the transition to net zero.
• Tethyan Copper Company Pty Limited v The Republic of Balochistan [2019-2020]: Acting for the Republic of Balochistan (a province of the Islamic Republic of Pakistan) in a $6 billion dispute regarding the ‘Reko Diq’ copper mine in which allegations of bribery and corruption are made against corporate executives and State officials (with Christopher Hancock QC) (judgments include [2020] EWHC 938 (Comm)).
• Re Antipinsky Oil Refinery [2019] (LCIA) and (Comm): Acting for a first class bank in relation to claims following the insolvency of an oil refinery (with Paul Lowenstein QC).
• Atkinson v Banks [2019] (Comm): Acting in court proceedings for a joint venture partner in a dispute regarding rights to a coal mine in Scotland (unled).
• BP v BZA [2018] (Comm): Acting for a group which had been the victim of fraud and corruption in the energy industry to uncover the wrongdoing with complex disclosure applications.
• XY v AB [2018] (Comm): Acting for the applicants, an African energy company, in an application pursuant to s.67 of the Arbitration Act 1998 challenging the jurisdiction of the tribunal.
• X v Y [2017] (ICC): Acting for a joint venture partner in relation to claims arising out of an iron ore mine in Guinea including for damage to mining equipment.
• A v L [2017] (LCIA): Acting in a dispute regarding the decommissioning of an oil rig off the coast of Angola (with Charles Kimmins QC).
• Ardila Investments NV v ENRC NV [2015] EWHC 1667 (Comm): Assisting Malcom Jarvis during pupillage with claims arising out of an SPA in relation to iron ore mine in Brazil.

Sam’s recent international arbitration matters include the following:

• Tethyan Copper Company Pty Limited v The Republic of Balochistan [2019-2020]: Acting for the Republic of Balochistan (a province of the Islamic Republic of Pakistan) in a $6 billion dispute regarding the ‘Reko Diq’ copper mine in which allegations of bribery and corruption are made against corporate executives and State officials (with Christopher Hancock QC) (judgments include [2020] EWHC 938 (Comm)).
• Halliburton v Chubb [2019] (UKSC): acting for the Chartered Institute of Arbitrators in an application to intervene in a Supreme Court appeal relating to the removal of an arbitrator for lack of impartiality (with Louis Flannery QC and Charlotte Tan).
• PL Holdings v The Republic of Poland [2018] (Comm): Acting for a private equity fund in an application to enforce an arbitral award worth in excess of £100 million against a European State (giving rise to the question of whether the ECJ’s recent decision in Achmea offers a defence to enforcement) (with Philip Riches).
• The Ministry of Defence v X [2018] (ad hoc arbitration): Acting for a major manufacturer in the defence sector in respect of claims worth c.£50 million brought by a government’s defence department regarding hardware and software (with Duncan Matthews QC and Susannah Jones).
• XY v AB [2018] (Comm): Acting for the applicants, an African energy company, in an application pursuant to s.67 of the Arbitration Act 1998 challenging the jurisdiction of the tribunal.
• A v B [2018] (ICC): Acting for a Middle-Eastern party in relation to claims for unfair prejudice and breach of contract arising out of a multimillion pound investment in the London property market (with Tony Beswetherick). Successfully resisting an application made by the Claimants for early disclosure (unled).
• A v B [2018] (LMAA): Acting for charterers in a dispute worth c.£3 million following an engine breakdown during the course of a charter (unled).

Sam’s recent general commercial matters include the following:

• Abu Dhabi Commercial Bank v BRS Shetty and others [2021] (Commercial Court): Sam is instructed by two respondents to a US$1 billion freezing injunction brought by the claimant bank following the well-publicised collapse of the NMC Group (the largest healthcare provider in the UAE). A jurisdiction challenge and an application to set-aside the injunction have been listed for a hearing in November 2021 (with Tim Penny QC, James Sheehan and Frederick Alliott).
• The Libyan Investment Authority v (1) Credit Suisse International (2) Man Asset Management (Ireland) Limited (3) Frontier Investment Management Partners Ltd and others [2020] (Comm): Acting for the Third Defendant, an investment manager, to defend allegations that they were involved in allegedly dishonest arrangements in which the Claimant sovereign wealth fund entered into disputed securities transactions involving Notes issued by Credit Suisse International to the value of approximately US $200 million. Current issues include jurisdiction, choice of law, limitation and full and frank disclosure (with Paul Lowenstein QC).
• Qatar Airways Group QCSC v (1) Middle East News FZ LLC (2) Middle East News UK Limited (3) MBC FZ LLC (4) Al Arabiya News Channel FZ LLC [2020] EWHC 2975 (QB): Acting for the Claimant, the Qatari state-owned national flag carrier, in proceedings against the Defendants, a news agency owned at least in part by the Saudi state, arising out of the blockade of Qatar in 2017 by several Gulf States. The Claimant brings claims for malicious falsehood, conspiracy and unlawful interference arising out of a video which it is alleged (i) was produced and published by the Defendants (ii) showed amongst other things a military aircraft firing a missile at a Qatar Airways jet; and (iii) caused the Claimant significant losses (with Thomas Raphael QC).
• Alexander Tugushev v Vitaly Orlov and others [2019-2020] (Comm): Acting for a defendant in a substantial fraud claim worth approximately $350 million arising out of a dispute between businessmen in the fishing industry (with Philip Hinks) ((judgments include [2020] EWHC 1290 (Comm) and [2020] EWHC 1291 (Comm)).
• Tethyan Copper Company Pty Limited v The Republic of Balochistan [2019-2020]: Acting for the Republic of Balochistan (a province of the Islamic Republic of Pakistan) in a $6 billion dispute regarding the ‘Reko Diq’ copper mine in which allegations of bribery and corruption are made against corporate executives and State officials (with Christopher Hancock QC) (judgments include [2020] EWHC 938 (Comm)).
• VTB Commodities v JSC Antipinsky Refinery and others [2019-2020] (Comm): Acting for a respondent to committal proceedings concerning an alleged breach by a non-party to the underlying action of disclosure obligations in a EUR225 million Worldwide Freezing Injunction.
• Walsh v Greystone Financial Services Ltd [2019] EWHC 2573 (Ch): Instructed in a three-week trial in the Chancery Division relating to allegations of deceit and breach of duty against a former financial adviser following multimillion pound investments into fraudulent “film partnership schemes” (with Tony Beswetherick).
• B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 03: Acting for the successful claimants in the first Bitcoin trial to take place in Singapore, raising issues as to whether cryptocurrencies are property and the attribution of knowledge when trading is carried out by software (unled).
• QS v TT and others [2019] (TCC): Acting for the claimants, a global technology company, in a multijurisdictional dispute regarding the 5G network (with Thomas Raphael QC).
• Fundo Soberano De Angola v dos Santos and others [2018] EWHC 2199 (Comm): Acting for a number of private equity funds and other corporate defendants in a successful application to discharge a $3 billion worldwide freezing and proprietary injunction obtained by the Angolan sovereign wealth fund and to challenge the jurisdiction of the English Court over the substantive claims (with Philip Edey QC and Andrew Fulton). Acting in a number of subsidiary applications, including a successful application to vary the terms of the proprietary injunction to enable the payment of legal fees (with Julian Kenny QC).
• The Ministry of Defence v X [2018] (ad hoc arbitration): Acting for a major manufacturer in the defence sector in respect of claims worth c.£50 million brought by a government’s defence department regarding hardware and software (with Duncan Matthews QC and Susannah Jones).
• Deutsche Bank AG v (1) Sebastian Holdings Inc (2) Alexander Vik [2017] (Comm): Acting in an application to challenge the Court’s jurisdiction over committal proceedings (with Duncan Matthews QC and Charlotte Tan).

Sam’s recent banking and finance matters include the following:

• Vneshprombank LLC v Bedzhamov and others [2019] (ChD): Acting for an insolvent bank in a successful application for a £1.3 billion worldwide freezing order, search order and passport order and an ongoing claim for damages (with Paul McGrath QC, Ben Griffiths and Philip Hinks). Acting unled in successful interim application ([2019] EWHC 1430 (Ch)).
• BA v XS [2019] (Comm): advising a first-class bank in connection with a proposed substantial fraud action and associated pre-emptive remedies to be brought in England against an ultra-high net worth individual (with Paul Lowenstein QC).
• Fundo Soberano De Angola v dos Santos and others [2018] EWHC 2199 (Comm): Acting for a number of private equity funds and other corporate defendants in a successful application to discharge a US$3 billion worldwide freezing and proprietary injunction obtained by the Angolan sovereign wealth fund and to challenge the jurisdiction of the English Court over the substantive claims (with Philip Edey QC and Andrew Fulton). Acting in a number of subsidiary applications, including a successful application to vary the terms of the proprietary injunction to enable the payment of legal fees (with Julian Kenny QC).
• PL Holdings v The Republic of Poland [2018] (Comm): Acting for a private equity fund in an application to enforce an arbitral award worth in excess of £100 million against a European State (giving rise to the question of whether the ECJ’s recent decision in Achmea offers a defence to enforcement) (with Philip Riches).
• CV v RT [2018] (Comm) Acting for the liquidators of an insolvent European bank in claims to recover misappropriated assets worth c.£100m from former shareholders and directors of the bank (with Philip Riches).
• Deutsche Bank AG v (1) Sebastian Holdings Inc (2) Alexander Vik [2017] (Comm): Acting in an application to challenge the Court’s jurisdiction over committal proceedings (with Duncan Matthews QC and Charlotte Tan).

Sam is regularly instructed on insolvency and company law matters. His recent experience includes:

• Tonstate Group Limited & Ors v Wojakovski and others [2020] (ChD): Acting in complex civil fraud litigation comprised of derivative actions, double-derivative actions and an unfair prejudice petition, in which the Claimants, a prominent property investment company, allege that a director has misappropriated c.£15m (with Andrew Fulton). Successfully obtained an unless order ([2019] EWHC 2902 (Ch)), strike out of parts of the Defence ([2019] EWHC 3353 (Ch)), a proprietary injunction ([2020] EWHC 325 (Ch)), a debarring order ([2020] EWHC 1004 (Ch)), security for costs ([2020] EWHC 1738 (Ch)) and a bankruptcy order ([2020] EWHC 2737 (Ch)).
• Re Larisa Ivanova Markus [2019] (ChD): Acting for a trustee-in-bankruptcy in an application for recognition of a bankruptcy and complex provisional relief pursuant to the Cross-Border Insolvency Regulations.
• CV v RT [2018] (Comm): Acting for the liquidators of an insolvent European bank in claims to recover misappropriated assets worth c.£100m from former shareholders and directors of the bank (with Philip Riches).
• A v B [2018] (ICC): Acting for a Middle-Eastern party in relation to claims for unfair prejudice and breach of contract arising out of a multimillion pound investment in the London property market (with Tony Beswetherick). Successfully resisting various applications made by the Claimants before the tribunal (unled).
• Various appearances before Insolvency and Companies Judges in relation to winding-up petitions, bankruptcy petitions and applications under the Companies Act.

Sam is a leading junior for cryptocurrency and technology disputes. He is a contributing author to The Law of Artificial Intelligence (Sweet & Maxwell, 2021) and was featured in the 2018 edition of Global Data Review’s ‘40 under 40’, which recognised his expertise in cyberfraud and cybersecurity disputes.

He has a particular specialism in cryptocurrency litigation, for which he is ranked in both Chambers & Partners and The Legal 500. He is a co-author of (1) the UKJT’s Legal Statement on Cryptoassets and Smart Contracts (since approved by Judges across the common law world); and (2) the UKJT’s Legal Statement on Digital Securities. The former of these examined the interplay between cryptocurrency and property rights. He has been instructed in several of the most important cryptocurrency cases in England & Wales and internationally.

Sam lectures regularly on cryptocurrency and blockchain issues. He was recently asked by the Financial Remedies Court to provide training on cryptocurrencies to members of the English judiciary.

His recent matters include:

• Owen Morton & Ors v Nexo Capital Inc [2023] (Commercial Court): Acting for the Claimants in their c.$50million claim against the cryptocurrency exchange Nexo arising out of an alleged freeze of their accounts. The litigation gives rise to novel issues relating to the interplay between cryptocurrency and consumer legislation.
• SEC v Terraform Labs Pte Ltd & Anor [2023] (KBD): Instructed by the Defendant to $40billion civil proceedings brought by the SEC following the collapse of the cryptocurrencies Terra and LUNA in relation to an application in England and Wales to obtain evidence for trial.
• ByBit Fintech Limited v Ho Kai Xin & Ors [2023] SGHC 199 (Singapore): Instructed by the Claimants in the first case in Singapore to examine the proprietary nature of cryptoassets. Instructed to provide an expert opinion on a contract relation to Tether.
• LMV v Bitflyer Holdings Inc & Ors [2023] EWHC 2954 (Comm): Instructed by the Applicant in the first reported case dealing with an application under the new disclosure gateway.
• A v B [2023] (Arbitration): Instructed by a Defendant cryptocurrency developer in relation to claims worth c.$10million by a cryptocurrency trading firm in arbitration.
• Re A Cryptocurrency Exchange [2023] (Commercial Court): Instructed by a European cryptocurrency exchange which recently suffered a high-profile hack, as a result of which it lost £13m+ of various cryptocurrencies. Advised on issues related to insolvency and the manner in which cryptoassets were held by the exchange.
• A v B [2023] (Family Division): Acting in High-Net-Worth divorce proceedings in which allegations of non-disclosure of significant cryptoasset holdings have been made and in which the Family Division has considered issues relation to certain cryptocurrencies for the first time.
• A v B [2022] (Commercial Court): Instructed by customers of a well-known cryptocurrency exchange who had their accounts frozen when trying to withdraw £100m+ of various cryptocurrencies from the exchange.
• A v B [2022] (Commercial Court): Instructed by the victim of a hack whose Ethereum was stolen and then used to purchase various NFTs.
• Tulip Trading v Van der Laan [2021] (Chancery Division): Instructed by the Claimant in a novel cryptocurrency claim raising issues relation to the duties owed by cryptocurrency software developers.
• VV v Persons Unknown and others [2021] (Isle of Man): Instructed as part of the team which obtained the first cryptocurrency injunction in the Isle of Man following an email interception fraud which caused Bitcoin to be misappropriated. Relief included disclosure orders against cryptocurrency exchanges, a worldwide freezing injunction and a proprietary injunction.
• Ion Science Limited v Persons Unknown and others [2021] (Commercial Court) (unreported): Instructed as sole advocate in one of the leading (and first) cases on crypto injunctions. The Commercial Court granted permission to serve disclosure orders out of the jurisdiction against exchanges and made freezing and proprietary injunctions against wrongdoers.
• Freenode [2021] (Commercial Court) – acted for and advised the owner of Freenode.net, one of the World’s principal open-source code webchat websites, in their successful action to regain access and control of the Freenode.net domain and servers from interdiction by website administrators.
• B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 03 (Singapore): Acting for the successful claimants in the first Bitcoin trial to take place in Singapore, raising issues as to whether cryptocurrencies are property and the attribution of knowledge when trading is carried out by software.
• Qatcom LLC v Stephen Jones and others [2018] EWHC 492 (Comm): Acting for a Qatari e-commerce company in a successful application for mandatory and prohibitory injunctions against a former senior employee which enabled the company to recover its domain name and other key electronic assets (unled). Instructed to pursue a claim for damages (governed by Qatari law) against several defendants.
• The Ministry of Defence v X [2018] (ad hoc arbitration): Acting for a major manufacturer in the defence sector in respect of claims worth c.£50 million brought by a government’s defence department regarding hardware and software (with Duncan Matthews KC and Susannah Jones).

Sam has significant experience of shipping and commodities matters, including disputes relating to:

• Charterparties
• Bills of Lading
• Cargo claims
• Collisions
• Salvage
• General Average
• International sale contracts
• Ship sale and purchase
• COAs