Barnaby Lowe

Acting (with Andrew Scott) for the First Defendant in its applications: (i) challenging the English Court's jurisdiction in relation to the majority of the Claimants' claims; and (ii) seeking a stay in relation to the remainder of the claims. The applications are based, in large part, on the existence of ongoing parallel proceedings in Curaçao. The claims, said to be worth over £400 million, concern allegations of dishonest assistance and fraudulent trading. 

Acting (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.

Acting (with Andrew Hunter Q.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.

Acting (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.

Acting (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).

Acting (with Andrew Scott) for the First Defendant in its applications: (i) challenging the English Court's jurisdiction in relation to the majority of the Claimants' claims; and (ii) seeking a stay in relation to the remainder of the claims. The applications are based, in large part, on the existence of ongoing parallel proceedings in Curaçao. The claims, said to be worth over £400 million, concern allegations of dishonest assistance and fraudulent trading. 

Acting (with Andrew Hunter Q.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.

Acting (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) for the First Defendant in its applications: (i) challenging the English Court's jurisdiction in relation to the majority of the Claimants' claims; and (ii) seeking a stay in relation to the remainder of the claims. The applications are based, in large part, on the existence of ongoing parallel proceedings in Curaçao. The claims, said to be worth over £400 million, concern allegations of dishonest assistance and fraudulent trading. 

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.

Acting (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).

An appeal concerning the extent of the Employment Tribunal's power to make a disclosure order against a person outside Great Britain (assisting Diya Sen Gupta Q.C.). 

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.).

An appeal concerning whether Uber drivers can be said to be workers and whether they are therefore entitled to receive the national minimum wage and paid annual leave (assisting Dinah Rose Q.C. and Fraser Campbell).

The Employment Tribunal unanimously rejected the complaints of victimisation, and direct and indirect sex discrimination brought by a former employee of a FTSE 100 company (assisting Diya Sen Gupta Q.C.).