Carmine Conte

Acting (with Andrew Green KC) for an aluminium producer and its subsidiary seeking to challenge an Award issued by a Tribunal ordering either that the subsidiary pay a financial institution approximately EUR215 million under an agreement between the parties, or the aluminium producer pay that same sum pursuant to a guarantee.

Acting (with Tom Montagu-Smith KC) for a Swiss bank, its DIFC subsidiary and various executives defending a claim brought by a liquidator alleging that the insolvent company’s business was fraudulently misappropriated and seeking damages of more than USD 75m. The claim arises out of the winding up of a joint venture entity licensed by the DFSA to carry out investment advisory and management services.

Acting (with Alan Maclean KC) for the defendants resisting the University’s claim to recover over USD900 million for alleged fraudulent and negligent misrepresentations. The case arises out of the variation of a licence agreement concerning patent rights.

Acting (with Tom Weisselberg KC) for a former CEO and accountant resisting allegations that they misappropriated funds totalling about EUR144 million from a Singaporean company. The causes of action alleged include various common law claims (including deceit, unlawful means conspiracy and conversion) and equitable claims (such as breach of fiduciary duty, dishonest assistance and unconscionable receipt).

Acting (leading Ram Lakshman and Jason Mitchell) for a software development company who claims against its former CEO for various breaches of fiduciary duty and breaches of contract, seeking relief of £11.5 million, and against a third party for unconscionable receipt, seeking proprietary relief valued at £3.5 million. To date, the company has obtained a range of interim orders, including an electronic imaging order, passport order and alternative service order.

Acting for an individual defendant in a case in which an insolvency litigation financing company alleges that the defendant participated in a fraudulent VAT scheme, which resulted in his former employer company suffering losses of about £12 million. The claimant makes claims of dishonest breach of directors’ duties, fraudulent trading, transactions defaulting creditors, transactions at an undervalue, dishonest assistance and unconscionable receipt.

Instructed (with Robert Anderson KC) to provide expert evidence concerning various common law doctrines (including maintenance and champerty, shams and foreign illegality) in relation to the enforcement of investment arbitration awards rendered pursuant to the Mauritius-India Bilateral Investment Treaty.

Acting (leading Ram Lakshman) for a car hire company defending breach of contract and indemnity claims brought against it by an insurance company, arising out of a terms of business agreement and a commission agreement. The case raises issues concerning contractual interpretation, good faith and promissory estoppel.

Acting (with Graham Dunning KC, Mubarak Waseem and Ellen Timms) for a former shareholder defending breach of contract claims made by a financial institution pursuant to a sale and purchase agreement. The shareholder is also pursuing factually and legally complex counterclaims which raise issues of duress to the person, economic duress and unlawful means conspiracy, and seek relief totalling approximately USD670 million.

Acting for an FCA-regulated derivatives and commodities broker defending a claim brought by a foreign bank seeking to recover USD10.8 million. The complicated contractual dispute arises out of the bank’s closing out of all of its outstanding trades under an ISDA Master Agreement between the parties.

Acting for a joint venture holding company resisting a foreign businessman’s breach of contract claim under a sale and purchase agreement. The arbitration raises issues concerning the proper construction and effect of exemption clauses.

Acting (with Lord Falconer of Thoroton) for an asset and wealth management company and its subsidiaries in a claim brought against them for £42 million, arising out of a sale of shares in an Indian company. The causes of action alleged include deceit, intimidation, conspiracy and joint liability.

Acted for a business-to-business gaming and gambling websites operator seeking to recover about USD9 million from an investment and management company due to alleged breaches of a safe custody agreement and alleged breaches of trust. The proceedings involved successful applications for a proprietary injunction, third party disclosure orders and default judgment.

Acted (with Tony Peto KC and Robert Howe KC) for a former shareholder who alleged that the ultimate beneficial owner of a financial institution made unlawful threats which coerced him into selling his shares to that institution for a significant undervalue. The shareholder sought damages totalling about USD1 billion.

Acted (with Tony Peto KC and Shane Sibbel) for a shareholder of a Saudi company who brings claims in unlawful means conspiracy and breach of contract against other investors, seeking damages of over £10 million. The case has involved various interim applications, including an application for a domestic freezing order and a jurisdiction challenge.

Acted for a Chinese battery technology and services supplier bringing various personal and proprietary claims totalling approximately £10 million following the collapse of an electrical installation company.

Acting for an asset-holding entity and an operator of business properties suing two related entities for debts owing under two complex loan note instruments.

Acting (with Tony Peto QC) for investors in a Belizean company which traded in the foreign current markets.  The investors allege that the company obtained the investments fraudulently and misappropriated most of those monies.  The investors therefore claim relief of about USD3 million from an FCA-regulated broker who was involved with the trading, based on unconscionable receipt.

Acting (with Andrew Hunter QC, Tom Weisselberg QC and Tom Mountford) for an asset management and investment company resisting winding up petitions brought against several investment fund companies.  The contributory petitioner contends that serious misconduct (including conspiracy, breach of directors’ duties and charging of unlawful fees) occurred in relation to a total USD300 million investment.  The case has also involved an application to discharge an order appointing a provisional liquidator.

Acting (with Andrew Hunter QC and Tom Mountford) for a shareholder resisting a winding up petition which another shareholder has brought against an investment fund.  The shareholder petitioner alleges that various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The case has also involved an application to discharge an order appointing a provisional liquidator.

Acted (with Lord Falconer of Thoroton) for an individual defendant in a case in which the claimant banks alleged conspiracy, fraud and breach of statutory duty under Russian law and sought damages of about USD800 million.  The case arose out of the Central Bank of Russia’s nationalisation of both claimant banks in 2017.

Acting (with Tony Peto QC) for a regulated financial services provider in a claim against its former de facto CEO and his company alleging fraudulent misappropriation of assets worth approximately EUR146 million and seeking extensive personal and proprietary relief.  The case has involved various interim applications, including an application for a search and imaging order, a proprietary injunction and ancillary disclosure order, and a complex summary judgment application.

Acting (with James Segan QC) in a Part 8 claim concerning the proper construction of various clauses in a Patent Licence Agreement and a Settlement Agreement.

Acted (with Robert Anderson QC and Andrew Scott) for several defendants regarding their successful challenge to a range of orders, including an unlimited worldwide freezing order and a provision of information order.  The underlying proceedings involved claims for unlawful means conspiracy and transactions to defraud creditors seeking over USD6 billion.

Acted (with Robert Weekes) for an individual defending a claim for deceit, unlawful means conspiracy and proprietary relief for £1.25 billion, arising out of a failed joint venture agreement.  The case involved various interim applications, including regarding the proper scope of the relevant worldwide freezing order.

Acted (with Robert Weekes) for a director of a judgment debtor held liable for fraud and owing approximately USD2.2 billion. The director applied to vary or set aside an order requiring him to produce documents regarding the debtor’s affairs, and to attend for cross-examination.

Acted (with Robert Howe QC, Harish Salve QC and Peter Head) for an individual defending a personal guarantee claim for a sum of USD657 million.  The case raised issues of contractual interpretation and the authority of agents.

Acted (with Adam Baradon and Barnaby Lowe) for a leading real estate development group in its multi-jurisdictional USD3 billion breach of trust and breach of contract claim against its former joint venture partner.

Representing a businessman in his claim under a personal guarantee to recover the sum of £8 million.  The case has included a complicated jurisdiction challenge.

Acted for a former member of a limited liability partnership sued by a liquidator who is seeking to recover an alleged debt.  The case has included various interim applications, including an application to set aside an order obtained without notice and a jurisdiction challenge.

Acted (with Tony Peto QC, Harish Salve QC, Victoria Windle and Andrew Scott) for a steel and mining company who sought to enforce a foreign arbitral award of USD1.5 billion.  The case involved applications for worldwide freezing and information orders in England and abroad, including in the USA, India and the Cayman Islands.

Represented a luxury hotel in its defence of a holidaymaker’s claim for relief against forfeiture of his deposit.

Acted (with Mark Vinall) for an art collector who claimed against an exhibition organiser alleging that, whilst on loan, the organiser damaged a rare and valuable artwork by the artist Banksy.  The case involved technical expert evidence regarding restoration and valuation.

Acted (with Robert Weekes) for a private equity firm in its deceit claim for in excess of £700 million against Barclays, arising out of the Bank’s recapitalisation at the height of the financial crisis in 2008.

Acted (with Ben Jaffey QC) in a successful appeal against summary judgment regarding the Russian Federation’s claim against Ukraine for its failure to repay a loan of USD3 billion.  The case raised difficult and important issues concerning duress and authority of agents.   

Acting (with Alan Maclean KC) for the defendants resisting the University’s claim to recover over USD900 million for alleged fraudulent and negligent misrepresentations. The case arises out of the variation of a licence agreement concerning patent rights.

Acting (with Tom Weisselberg KC) for a former CEO and accountant resisting allegations that they misappropriated funds totalling about EUR144 million from a Singaporean company. The causes of action alleged include various common law claims (including deceit, unlawful means conspiracy and conversion) and equitable claims (such as breach of fiduciary duty, dishonest assistance and unconscionable receipt).

Acting for an individual defendant in a case in which an insolvency litigation financing company alleges that the defendant participated in a fraudulent VAT scheme, which resulted in his former employer company suffering losses of about £12 million. The claimant makes claims of dishonest breach of directors’ duties, fraudulent trading, transactions defaulting creditors, transactions at an undervalue, dishonest assistance and unconscionable receipt.

Acted (with Tony Peto KC and Shane Sibbel) for a shareholder of a Saudi company who brings claims in unlawful means conspiracy and breach of contract against other investors, seeking damages of over £10 million. The case has involved various interim applications, including an application for a domestic freezing order and a jurisdiction challenge.

Acting (leading Ram Lakshman and Jason Mitchell) for a software development company who claims against its former CEO for various breaches of fiduciary duty and breaches of contract, seeking relief of £11.5 million, and against a third party for unconscionable receipt, seeking proprietary relief valued at £3.5 million. To date, the company has obtained a range of interim orders, including an electronic imaging order, passport order and alternative service order.

Acted for a business-to-business gaming and gambling websites operator seeking to recover about USD9 million from an investment and management company due to alleged breaches of a safe custody agreement and alleged breaches of trust. The proceedings involved successful applications for a proprietary injunction, third party disclosure orders and default judgment.

Acted (with Lord Falconer of Thoroton) for an individual defendant in a case in which the claimant banks alleged conspiracy, fraud and breach of statutory duty under Russian law and sought damages of about USD800 million.  The case arose out of the Central Bank of Russia’s nationalisation of both claimant banks in 2017.

Acting (with Tony Peto QC) for a regulated financial services provider in a claim against its former de facto CEO and his company alleging fraudulent misappropriation of assets worth approximately EUR146 million and seeking extensive personal and proprietary relief.  The case has involved various interim applications, including an application for a search and imaging order, a proprietary injunction and ancillary disclosure order, and a complex summary judgment application.

Acted (with Robert Anderson QC and Andrew Scott) for several defendants regarding their successful challenge to a range of orders, including an unlimited worldwide freezing order and a provision of information order.  The underlying proceedings involved claims for unlawful means conspiracy and transactions to defraud creditors seeking over USD6 billion.

Acted (with Robert Weekes) for an individual defending a claim for deceit, unlawful means conspiracy and proprietary relief for £1.25 billion, arising out of a failed joint venture agreement.  The case involved various interim applications, including regarding the proper scope of the relevant worldwide freezing order.

Acted (with Robert Weekes) for a director of a judgment debtor held liable for fraud and owing approximately USD2.2 billion. The director applied to vary or set aside an order requiring him to produce documents regarding the debtor’s affairs, and to attend for cross-examination.

Acted (with Tony Peto QC, Harish Salve QC, Victoria Windle and Andrew Scott) for a steel and mining company who sought to enforce a foreign arbitral award of USD1.5 billion.  The case involved applications for worldwide freezing and information orders in England and abroad, including in the USA, India and the Cayman Islands.

Acted (with Robert Weekes) for a private equity firm in its deceit claim for in excess of £700 million against Barclays, arising out of the Bank’s recapitalisation at the height of the financial crisis in 2008.

Acting (with Andrew Green KC) for an aluminium producer and its subsidiary seeking to challenge an Award issued by a Tribunal ordering either that the subsidiary pay a financial institution approximately EUR215 million under an agreement between the parties, or the aluminium producer pay that same sum pursuant to a guarantee.

Acting (with Graham Dunning KC, Mubarak Waseem and Ellen Timms) for a former shareholder defending breach of contract claims made by a financial institution pursuant to a sale and purchase agreement. The shareholder is also pursuing factually and legally complex counterclaims which raise issues of duress to the person, economic duress and unlawful means conspiracy, and seek relief totalling approximately USD670 million.

Acting for an FCA-regulated derivatives and commodities broker defending a claim brought by a foreign bank seeking to recover USD10.8 million. The complicated contractual dispute arises out of the bank’s closing out of all of its outstanding trades under an ISDA Master Agreement between the parties.

Acting for a joint venture holding company resisting a foreign businessman’s breach of contract claim under a sale and purchase agreement. The arbitration raises issues concerning the proper construction and effect of exemption clauses.

Instructed (with Robert Anderson KC) to provide expert evidence concerning various common law doctrines (including maintenance and champerty, shams and foreign illegality) in relation to the enforcement of investment arbitration awards rendered pursuant to the Mauritius-India Bilateral Investment Treaty.

Acted (with Tony Peto KC and Robert Howe KC) for a former shareholder who alleged that the ultimate beneficial owner of a financial institution made unlawful threats which coerced him into selling his shares to that institution for a significant undervalue. The shareholder sought damages totalling about USD1 billion.

Acting for a leading energy company in a cross-jurisdictional dispute with a regulated financial services provider, arising out of a fiduciary employee’s misappropriation of assets and unauthorised trading.  The energy company seeks relief of about £3 million for various wrongs, including for dishonest assistance, unconscionable receipt, breach of contract and breach of the Qunicecare duty.

Acted (with Adam Baradon and Barnaby Lowe) for a leading real estate development group in its multi-jurisdictional USD3 billion breach of trust and breach of contract claim against its former joint venture partner.

Acted (with Tony Peto QC, Harish Salve QC, Victoria Windle and Andrew Scott) for a steel and mining company who sought to enforce a foreign arbitral award of USD1.5 billion.  The case involved applications for worldwide freezing and information orders in England and abroad, including in the USA, India and the Cayman Islands.

Acting (with Tom Weisselberg KC) for a former CEO and accountant resisting allegations that they misappropriated funds totalling about EUR144 million from a Singaporean company. The causes of action alleged include various common law claims (including deceit, unlawful means conspiracy and conversion) and equitable claims (such as breach of fiduciary duty, dishonest assistance and unconscionable receipt).

Acting (leading Ram Lakshman and Jason Mitchell) for a software development company who claims against its former CEO for various breaches of fiduciary duty and breaches of contract, seeking relief of £11.5 million, and against a third party for unconscionable receipt, seeking proprietary relief valued at £3.5 million. To date, the company has obtained a range of interim orders, including an electronic imaging order, passport order and alternative service order.

Acted for a business-to-business gaming and gambling websites operator seeking to recover about USD9 million from an investment and management company due to alleged breaches of a safe custody agreement and alleged breaches of trust. The proceedings involved successful applications for a proprietary injunction, third party disclosure orders and default judgment.

Acting for a leading energy company in a cross-jurisdictional dispute with a regulated financial services provider, arising out of a fiduciary employee’s misappropriation of assets and unauthorised trading.  The energy company seeks relief of about £3 million for various wrongs, including for dishonest assistance, unconscionable receipt, breach of contract and breach of the Qunicecare duty.

Acted (with Andreas Gledhill QC) for a group of investors in a directions application brought by the administrators of a high-profile peer-to-peer lending platform that collapsed.  The case raised issues regarding breach of fiduciary duty and equitable proprietary relief, trustee discretions and the proper analysis of ‘limited recourse’ arrangements.  The Court decided each contested issue in favour of the investor group.

Acting (with Andreas Gledhill QC) for a group of investors in a second directions application brought by the administrators of a former high-profile peer-to-peer lending platform.  This directions application raises issues concerning breach of fiduciary duty, ‘miselling’ claims and Berkeley Applegate orders.

Acted (with Robert Weekes) for an individual defending a claim for deceit, unlawful means conspiracy and proprietary relief for £1.25 billion, arising out of a failed joint venture agreement.  The case involved various interim applications, including regarding the proper scope of the relevant worldwide freezing order.

Acted (with Adam Baradon and Barnaby Lowe) for a leading real estate development group in its multi-jurisdictional USD3 billion breach of trust and breach of contract claim against its former joint venture partner.

Represented a luxury hotel in its defence of a holidaymaker’s claim for relief against forfeiture of his deposit.

Acting (with Tom Montagu-Smith KC) for a Swiss bank, its DIFC subsidiary and various executives defending a claim brought by a liquidator alleging that the insolvent company’s business was fraudulently misappropriated and seeking damages of more than USD 75m. The claim arises out of the winding up of a joint venture entity licensed by the DFSA to carry out investment advisory and management services.

Acting for an individual defendant in a case in which an insolvency litigation financing company alleges that the defendant participated in a fraudulent VAT scheme, which resulted in his former employer company suffering losses of about £12 million. The claimant makes claims of dishonest breach of directors’ duties, fraudulent trading, transactions defaulting creditors, transactions at an undervalue, dishonest assistance and unconscionable receipt.

Acted for a group of investors in a loan who successfully sought to have the administrators of a former, high-profile, peer-to-peer lending platform recognise the group’s proprietary rights to the traceable proceeds of the funds used to repay the loan. The case raised difficult issues concerning the authority of agents, ratification and limitation.

Acting (with Andrew Hunter QC, Tom Weisselberg QC and Tom Mountford) for an asset management and investment company resisting winding up petitions brought against several investment fund companies.  The contributory petitioner contends that serious misconduct (including conspiracy, breach of directors’ duties and charging of unlawful fees) occurred in relation to a total USD300 million investment.  The case has also involved an application to discharge an order appointing a provisional liquidator.

Acting (with Andrew Hunter QC and Tom Mountford) for a shareholder resisting a winding up petition which another shareholder has brought against an investment fund.  The shareholder petitioner alleges that various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The case has also involved an application to discharge an order appointing a provisional liquidator.

Acted (with Andreas Gledhill QC) for a group of investors in a directions application brought by the administrators of a high-profile peer-to-peer lending platform that collapsed.  The case raised issues regarding breach of fiduciary duty and equitable proprietary relief, trustee discretions and the proper analysis of ‘limited recourse’ arrangements.  The Court decided each contested issue in favour of the investor group.

Acting (with Andreas Gledhill QC) for a group of investors in a second directions application brought by the administrators of a former high-profile peer-to-peer lending platform.  This directions application raises issues concerning breach of fiduciary duty, ‘miselling’ claims and Berkeley Applegate orders.

Acted (with Robert Anderson QC and Andrew Scott) for several defendants regarding their successful challenge to a range of orders, including an unlimited worldwide freezing order and a provision of information order.  The underlying proceedings involved claims for unlawful means conspiracy and transactions to defraud creditors seeking over USD6 billion.

Acted for a former member of a limited liability partnership sued by a liquidator who is seeking to recover an alleged debt.  The case has included various interim applications, including an application to set aside an order obtained without notice and a jurisdiction challenge.

Acting (with Javan Herberg KC) for the hedge fund BlueCrest Capital Management (UK) LLP in its challenge to an FCA Decision Notice imposing a financial penalty of £40.8 million and an FCA Supervisory Notice imposing a requirement to pay redress of over USD700 million.

Acted for the Qatar Financial Centre Authority in its successful defence of a claim issued by a company and its director alleging negligence and breach of statutory duty against it. The case raised issues about the operation and scope of the authority’s statutory immunity under Article 16 of the Qatar Financial Centre Law 2005.

Acted for a group of investors in a loan who successfully sought to have the administrators of a former, high-profile, peer-to-peer lending platform recognise the group’s proprietary rights to the traceable proceeds of the funds used to repay the loan. The case raised difficult issues concerning the authority of agents, ratification and limitation.

Acted for a Chinese battery technology and services supplier bringing various personal and proprietary claims totalling approximately £10 million following the collapse of an electrical installation company.

Acting (with Lord Falconer of Thoroton) for an asset and wealth management company and its subsidiaries in a claim brought against them for £42 million, arising out of a sale of shares in an Indian company. The causes of action alleged include deceit, intimidation, conspiracy and joint liability.

Acting (with Tony Peto QC) for investors in a Belizean company which traded in the foreign current markets.  The investors allege that the company obtained the investments fraudulently and misappropriated most of those monies.  The investors therefore claim relief of about USD3 million from an FCA-regulated broker who was involved with the trading, based on unconscionable receipt.

Acting for a leading energy company in a cross-jurisdictional dispute with a regulated financial services provider, arising out of a fiduciary employee’s misappropriation of assets and unauthorised trading.  The energy company seeks relief of about £3 million for various wrongs, including for dishonest assistance, unconscionable receipt, breach of contract and breach of the Qunicecare duty.

Acted (with Andreas Gledhill QC) for a group of investors in a directions application brought by the administrators of a high-profile peer-to-peer lending platform that collapsed.  The case raised issues regarding breach of fiduciary duty and equitable proprietary relief, trustee discretions and the proper analysis of ‘limited recourse’ arrangements.  The Court decided each contested issue in favour of the investor group.

Acting (with Andreas Gledhill QC) for a group of investors in a second directions application brought by the administrators of a former high-profile peer-to-peer lending platform.  This directions application raises issues concerning breach of fiduciary duty, ‘miselling’ claims and Berkeley Applegate orders.

Acting (with Tony Peto QC) for a regulated financial services provider in a claim against its former de facto CEO and his company alleging fraudulent misappropriation of assets worth approximately EUR146 million and seeking extensive personal and proprietary relief.  The case has involved various interim applications, including an application for a search and imaging order, a proprietary injunction and ancillary disclosure order, and a complex summary judgment application.

Acted (with Ben Jaffey QC) for the Qatar Financial Centre Authority and Qatar Financial Centre Regulatory Authority in successful appeals concerning breaches of the Qatar anti-money laundering regime and involving financial penalties of USD8,500,000.

Acted for the Qatar Financial Centre Authority in its successful defence of a claim issued by a company and its director alleging negligence and breach of statutory duty against it. The case raised issues about the operation and scope of the authority’s statutory immunity under Article 16 of the Qatar Financial Centre Law 2005.

Acting (with Tom Montagu-Smith KC) for a Swiss bank, its DIFC subsidiary and various executives defending a claim brought by a liquidator alleging that the insolvent company’s business was fraudulently misappropriated and seeking damages of more than USD 75m. The claim arises out of the winding up of a joint venture entity licensed by the DFSA to carry out investment advisory and management services.

Acting for a joint venture holding company resisting a foreign businessman’s breach of contract claim under a sale and purchase agreement. The arbitration raises issues concerning the proper construction and effect of exemption clauses.

Instructed (with Robert Anderson KC) to provide expert evidence concerning various common law doctrines (including maintenance and champerty, shams and foreign illegality) in relation to the enforcement of investment arbitration awards rendered pursuant to the Mauritius-India Bilateral Investment Treaty.

Acting (with Andrew Hunter QC, Tom Weisselberg QC and Tom Mountford) for an asset management and investment company resisting winding up petitions brought against several investment fund companies.  The contributory petitioner contends that serious misconduct (including conspiracy, breach of directors’ duties and charging of unlawful fees) occurred in relation to a total USD300 million investment.  The case has also involved an application to discharge an order appointing a provisional liquidator.

Acting (with Andrew Hunter QC and Tom Mountford) for a shareholder resisting a winding up petition which another shareholder has brought against an investment fund.  The shareholder petitioner alleges that various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The case has also involved an application to discharge an order appointing a provisional liquidator.

Acted (with Ben Jaffey QC) for the Qatar Financial Centre Authority and Qatar Financial Centre Regulatory Authority in successful appeals concerning breaches of the Qatar anti-money laundering regime and involving financial penalties of USD8,500,000.