Barnaby Lowe

Acted (with Robert Howe K.C.) for the First to Fifth Defendants to claims for alleged fraudulent misrepresentation, deceit, breach of contract, and unjust enrichment said to be worth over US$600 million. The proceedings involved a number of specific disclosure applications and an application to discharge a worldwide freezing order. Barnaby appeared both led and as sole counsel in these proceedings.

Acted (with Peter Head) for the First, Second, and Fourth to Seventh Defendants to claims for alleged deceit, dishonest assistance, knowing receipt, conspiracy, unjust enrichment, breach of fiduciary duty, and breach of contract, said to be worth over £16 million. The case also involved a counterclaim for breach of contract, as well as related unfair prejudice and insolvency proceedings in Jersey.

Acted (with Fraser Campbell) for the Defendant to claims for breach of various agreements said to be worth over €11 million. The Defendant denied all allegations of breach, as well as the existence of a number of agreements said to have been breached. The Claimant's case on loss was denied in its entirety. The case raised complex issues of contractual construction and waiver. The proceedings settled ahead of an eight-day trial in the Commercial Court.

Acted (with Fraser Campbell) for the Claimant in its claim against the Defendant Insurers, under the terms of a Warranty and Indemnity Liability Insurance Policy, for insured losses of over US$22 million. Those losses were caused by certain breaches of warranties contained in an SPA.

Acted (with Fraser Campbell) for the First Respondent to a winding-up or, alternatively, unfair prejudice Petition. The Petition, brought by the First Respondent's purported co-director, seeks, amongst other things, equitable compensation and an account of profits from the First Respondent for alleged breaches of fiduciary duty. The First Respondent denies all alleged wrongdoing. The Petitioner has also brought an associated Part 8 Claim against the First Respondent for the delivery up of documents, which is currently stayed.

Acted (with Robert Howe K.C.) for the First and Second Defendants to the Claimants' claims for breach of confidence and unlawful means conspiracy in relation to the collection and dissemination of live league match data for football betting. The case settled during a six-week trial in October 2022.

Acting (with Andrew Scott K.C.) for the First Defendant to claims, brought by a liquidator, in dishonest assistance, fraudulent trading, and contribution, said to be worth over £400 million. The case has involved a jurisdiction challenge, in which the First Defendant successfully had a number of assigned fraudulent trading claims brought against it set aside.

Acted (with Shane Sibbel) for the First, Second, Sixth, and Seventh Respondents to an appeal against the award, in the Respondents' favour, of a non-party costs order pursuant to s. 51 of the Senior Courts Act 1981. The case settled in April 2022.

Acted (with Andrew Hunter K.C. and Shane Sibbel) for the First and Tenth Defendants to a claim for deceit and unlawful means conspiracy worth over US$700 million. The claim, brought by a Chinese consortium, arises out of the sale and purchase of 65% of the majority shareholding in a leading media sports rights agency. Claims in contract pursuant to a tax deed have also been made against certain of the Defendants. A 21-week trial is listed to take place in 2025. The case has involved an application concerning the privilege attaching to company email accounts, in which the First and Tenth Defendants were successful.

Acted (with Andrew Scott) for the Intervener in an action to determine the rights and obligations of the Claimant and the Intervener in respect of oil cargoes and/or secured sums paid into Court pursuant to cross-undertakings given by the Claimant to the Intervener and the Court. The claim and counterclaim, worth c. US$90 million, involve allegations of fraudulent double-selling and diversion of oil cargoes, as well as complex issues of contractual interpretation and foreign law.

Acted (with Adam Baradon) for the successful second defendant on its application to set aside service out on the basis that the 'necessary or proper party' jurisdictional gateway (CPR PD6B, para. 3.1(3)) cannot be used to bring a foreign defendant into the jurisdiction where the anchor defendant could have contested jurisdiction but voluntarily accepted service of the claim form.

Acted, as sole counsel, for the Claimant in its claim for contractual and assigned debts of US$1.2 million, as well as an order for the transfer of property. The case included a successful application for default judgment.

Acted, as sole counsel, for a leading oil & gas field exploration and development company, sued by a marketing management company which sought to recover an alleged debt. The case included a counterclaim raising issues of misrepresentation and rectification of contracts.

Acted (with Barbara Dohmann Q.C. and Ajay Ratan) for the Second and Third Respondents to a Privy Council appeal from a decision of the Eastern Caribbean Court of Appeal. The appeal concerned issues regarding the creation of bare trusts, the distinction between bare trustees and nominees, and the ability to run an allegedly new case before a final appellate court. 

Acted (with Robert Anderson Q.C. and Dominic Howells) for the Defendant to a claim brought by one of its former directors, seeking damages and a final injunction to prevent the Defendant from enforcing an ICSID arbitration award obtained against the Government of Zimbabwe.

Acted (with Adam Baradon and Carmine Conte) for a leading real estate development group in its multi-jurisdictional US$3 billion breach of trust and breach of contract claim against its former joint venture partner.

An unfair prejudice petition arising from the decision of an investor to cease spending, and indefinitely suspend planned further investment, on a joint venture to take a recycling shower product to market (assisting Fraser Campbell).

An application seeking additional disclosure in support of a worldwide freezing order, in the context of a US$139 million fraud claim against the former executive directors of a major oil and gas company (assisting Robert Anderson Q.C. and Andrew Scott).

A quantum hearing following AXA's success at a liability hearing concerning a claim for hundreds of millions of pounds of losses, relating to historic PPI mis-selling, from the vendor of subsidiary insurance businesses (assisting Andrew Green Q.C. and Fraser Campbell).

Applications seeking disclosure of an alleged third-party funder, the payment of specific monies, and enforcement of the terms of an allegedly binding debenture. These applications were made in the context of claims concerning various alleged breaches of contract, as well as alleged fraudulent behaviour entitling the Claimant to repayment of certain sums (assisting Fraser Campbell).

An appeal against the imposition of a wide-ranging anti-enforcement injunction in respect of the enforcement of a foreign judgment (assisting Monica Carss-Frisk Q.C. and Andrew Scott).

An action resulting from the collapse of the Fundao Dam in Brazil, involving a range of jurisdictional and foreign law issues (assisting Shaheed Fatima Q.C. and Hanif Mussa).

Applications for strike out/summary judgment of part of a claim, or for a stay of proceedings pending a reference to the CJEU. The claim concerned a major damages action arising from the global Ro-Ro Shipping cartel (assisting Brian Kennelly Q.C. and Andrew Scott).

A challenge to the jurisdiction of the English Courts in relation to a claim by Vestel for alleged abuses of dominance by HEVC and Philips (assisting Andrew Scott).

Applications concerning whether the Claimant could withdraw concessions made when presenting her factual case in contested jurisdiction proceedings. These applications took place in the context of a claim alleging a conspiracy to deprive the Claimant of over US$500 million of assets (assisting Andrew Scott).

Acted (with Robert Howe K.C.) for the First to Fifth Defendants to claims for alleged fraudulent misrepresentation, deceit, breach of contract, and unjust enrichment said to be worth over US$600 million. The proceedings involved a number of specific disclosure applications and an application to discharge a worldwide freezing order. Barnaby appeared both led and as sole counsel in these proceedings.

Acted (with Peter Head) for the First, Second, and Fourth to Seventh Defendants to claims for alleged deceit, dishonest assistance, knowing receipt, conspiracy, unjust enrichment, breach of fiduciary duty, and breach of contract, said to be worth over £16 million. The case also involved a counterclaim for breach of contract, as well as related unfair prejudice and insolvency proceedings in Jersey.

Acting (with Andrew Scott K.C.) for the First Defendant to claims, brought by a liquidator, in dishonest assistance, fraudulent trading, and contribution, said to be worth over £400 million. The case has involved a jurisdiction challenge, in which the First Defendant successfully had a number of assigned fraudulent trading claims brought against it set aside.

Acted (with Andrew Hunter K.C. and Shane Sibbel) for the First and Tenth Defendants to a claim for deceit and unlawful means conspiracy worth over US$700 million. The claim, brought by a Chinese consortium, arises out of the sale and purchase of 65% of the majority shareholding in a leading media sports rights agency. Claims in contract pursuant to a tax deed have also been made against certain of the Defendants. A 21-week trial is listed to take place in 2025. The case has involved an application concerning the privilege attaching to company email accounts, in which the First and Tenth Defendants were successful.

Acted (with Andrew Scott) for the Intervener in an action to determine the rights and obligations of the Claimant and the Intervener in respect of oil cargoes and/or secured sums paid into Court pursuant to cross-undertakings given by the Claimant to the Intervener and the Court. The claim and counterclaim, worth c. US$90 million, involve allegations of fraudulent double-selling and diversion of oil cargoes, as well as complex issues of contractual interpretation and foreign law.

Applications seeking disclosure of an alleged third-party funder, the payment of specific monies, and enforcement of the terms of an allegedly binding debenture. These applications were made in the context of claims concerning various alleged breaches of contract, as well as alleged fraudulent behaviour entitling the Claimant to repayment of certain sums (assisting Fraser Campbell).

An appeal against the imposition of a wide-ranging anti-enforcement injunction in respect of the enforcement of a foreign judgment (assisting Monica Carss-Frisk Q.C. and Andrew Scott).

An application seeking additional disclosure in support of a worldwide freezing order, in the context of a US$139 million fraud claim against the former executive directors of a major oil and gas company (assisting Robert Anderson Q.C. and Andrew Scott).

Applications concerning whether the Claimant could withdraw concessions made when presenting her factual case in contested jurisdiction proceedings. These applications took place in the context of a claim alleging a conspiracy to deprive the Claimant of over US$500 million of assets (assisting Andrew Scott).

Acting (with Andrew Scott K.C.) for the First Defendant to claims, brought by a liquidator, in dishonest assistance, fraudulent trading, and contribution, said to be worth over £400 million. The case has involved a jurisdiction challenge, in which the First Defendant successfully had a number of assigned fraudulent trading claims brought against it set aside.

Acted (with Adam Baradon) for the successful second defendant on its application to set aside service out on the basis that the 'necessary or proper party' jurisdictional gateway (CPR PD6B, para. 3.1(3)) cannot be used to bring a foreign defendant into the jurisdiction where the anchor defendant could have contested jurisdiction but voluntarily accepted service of the claim form.

An appeal against the imposition of a wide-ranging anti-enforcement injunction in respect of the enforcement of a foreign judgment (assisting Monica Carss-Frisk Q.C. and Andrew Scott).

A challenge to the jurisdiction of the English Courts in relation to a claim by Vestel for alleged abuses of dominance by HEVC and Philips (assisting Andrew Scott).

An action resulting from the collapse of the Fundao Dam in Brazil, involving a range of jurisdictional and foreign law issues (assisting Shaheed Fatima Q.C. and Hanif Mussa).

Applications by three Cantor Fitzgerald employees seeking a stay of English High Court proceedings against them on the basis that any such proceedings should be brought in the State of New York (assisting Diya Sen Gupta Q.C.).

Acted, as sole counsel, for a leading oil & gas field exploration and development company, sued by a marketing management company which sought to recover an alleged debt. The case included a counterclaim raising issues of misrepresentation and rectification of contracts.

Acted (with Adam Baradon and Carmine Conte) for a leading real estate development group in its multi-jurisdictional US$3 billion breach of trust and breach of contract claim against its former joint venture partner.

A claim by the founder of an investment management business, alleging breach of fiduciary duty by co-founders in various proposed restructuring transactions (assisting Andrew Green Q.C. and Fraser Campbell).

A multi-million Dollar dispute arising from the termination of a written agreement providing for the sale and purchase of a motor yacht (assisting Andrew Scott).