Michael Woollcombe-Clarke

Michael is regularly instructed in complex, high-value commercial matters, which frequently have a multi-jurisdictional component. His early involvement in complex matters often pays significant dividends for clients, supporting efficient resolution.

Michael’s experience spans a broad range of commercial areas; including banking and finance, consumer protection, international trade, sale of goods, supply of goods and services and securities.

His work across those areas ranges from simple debt claims to ultra high value, multi-jurisdictional disputes, involving breach of contract, contractual interpretation, economic torts (conspiracy, unlawful means), estoppel, fiduciary duties, misrepresentation, force majeure, frustration, limitation and exclusion of liability, penalties, securities, termination, trusts, unjust enrichment & restitution and warranties.

Selected Cases

• Anuvu UK Operations Ltd v Profen Communications & Technologies, Inc: acted as junior counsel for Anuvu in a c.US$14m debt claim arising out of the provision of in‑flight entertainment services to Turkish Airlines. This matter raised collateral issues of unlawful means, conspiracy, multi-jurisdictional tracing, service out of the jurisdiction and summary judgment.
• Barclays Bank plc v VEB.RF [2024] EWHC 3088 (Comm): acted as junior counsel for VEB in resisting an application under s.32 of the Arbitration Act 1996. This dispute arose out of c.US$147M of currency swap arrangements and concerned the effect of an anti‑suit injunction on a so-called asymmetric jurisdiction clause (LCIA arbitration versus English Courts). It also raised issues relating to compliance with sanctions.
• Gruber Ors v AIG & Ors [2020] EWCA Civ 31: acted as junior counsel for AIG in respect of deferred compensation balances and whether that compensation could be reduced to the extent that AIG (FP) suffered losses in any given year.
• Hinduja v Hinduja [2020] EWHC 1533 (Ch): acted as junior counsel for the defendants in this long-running, multi-jurisdictional contractual dispute/trusts litigation. Included merits and strategic advice, drafting of witness evidence and liaising directly with in‑house counsel.
• The Federal Republic of Nigeria v Royal Dutch Shell plc & Anor [2020] EWHC 1315: advised on the application of Article 29 and Article 30 of the Brussels Recast Regulation in multi‑jurisdictional fraud and conspiracy proceedings, arising from the award of an oil exploration licence.
• Licensing dispute – F1 broadcaster: advised on whether client could seek a reduction in price of a licensing agreement, as a result of event cancellations due to COVID-19.
• Good‑leaver dispute – private equity: acted for a private equity house in a dispute concerning payment of a c.US$50m ‘good leaver’ sum to a departing CFO. Included advice on merits and strategy, settlement negotiations, during a period of significant cost‑cutting by the client, as a result of COVID-19.
• Credit support demand dispute – private equity firm: advised on the operation of s.2(a)(iii) of the ISDA Master Agreement in the context of a run on a bank, subsequent administration and alleged Events of Default arising from a series of credit support demands.
• Defective aircraft dispute – global airline: advised on the merits of a debt claim for unpaid compensation, following delivery of defective aircraft, breach and wrongful invoicing.
• Mistaken invoicing dispute – oil major: advised on the merits of recovery of mistaken invoicing of c.US$10m in port costs by a major oil company. Issues of contractual construction (in particular, the effect of deeming provisions), unjust enrichment and reputational management.

Michael has experience of ICC, LCIA and ad hoc (UNCITRAL) arbitral proceedings, involving allegations of breach of complex construction agreements, unlawful termination, delay and quantum.

Selected Cases

• Volpi v Volpi trust arbitration: acted as junior counsel in the quantum phase of a multi‑billion-dollar trust dispute, arising in respect of the assets of a large business empire, comprised principally of Nigerian oil and gas logistics companies. This matter raised issues relating to the use of offshore structures, duty to account, equitable compensation, trust reconstitution, valuation of trust assets and multi-jurisdictional tracing.
• Barclays Bank plc v VEB.RF [2024] EWHC 3088 (Comm): acted as junior counsel for VEB in the context of an LCIA arbitration, concerning Barclays’ liability to pay approximately £147m, following termination of currency swap arrangements, engaging issues of sanctions, payment mechanics and competing jurisdiction clauses.
• ICC arbitration – global construction company: acted in a high‑value infrastructure dispute in the Middle East, involving delay, prolongation and back‑to‑back liability issues between main contractor and a specialist sub‑contractor.

Michael’s experience spans large commercial developments and infrastructure, often involving allegations of delay, defects, wrongful termination and payment/variation disputes.

Michael’s prior career as a Senior Project Engineer for global contractors means he is fluent in the technical and commercial realities of construction projects; particularly delay and cost escalation. Michael welcomes instructions from employers, main contractors, sub‑contractors and consultants, as well as their insurers.

Michael also welcomes public access instructions from SMEs and homeowners in respect of construction adjudications, as well as from adjudicators seeking to recover unpaid fees.

Selected Cases

• Airport/infrastructure dispute – global construction company: acted as junior counsel in an airport/infrastructure dispute in the Middle East. Issues included back‑to‑back liability on subcontracts, entitlement to prolongation costs and claims for variations and delay. Michael’s work also included drafting of witness evidence and expert delay and quantum issues.
• Airport project delay claim – global construction company: advised on entitlement to an extension of time and recovery of approximately US$57m in prolongation costs, following critical delay on a major airport development in the Middle East.
• Contract repudiation – utilities consortium: advised on issues relating to repudiation; including complete code of liability and affirmation, as well as overall strategy.
• Adjudication – homeowner: acted in a dispute arising out of a JCT Homeowner contract. Issues included repudiation, termination and loss of profits.
• Adjudication – homeowner: acted in a dispute arising out of a JCT Homeowner contract. Issues focused on quantum; in particular, the quantification of what constituted a “reasonable cost” to complete the works.
• Adjudication – homeowner: acted in respect of TCC enforcement of adjudication sum.