Commercial
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.
Awards
- William Charnley Prize for the Highest First-class in Law (2016) – Hughes Hall, University of Cambridge
- Astbury Scholarship (2016) – The Honourable Society of Middle Temple
- BPTC Scholarship (2015) – BPP Law School
- Santander Bursary (2015) – Santander Universities
- American Institute of Contractors Highest Exam Award (2010) – AIC
Appointments
- Trustee – Peace Child International (2022-2024)
- Visiting Tutor in Contract Law, Queen Mary University of London (2017-2018; 2023-2024)
News
Qualifications
- MA (Cantab) Law, First-class Honours, University of Cambridge
- BSc Building Construction (equiv. First-class Honours), University of Florida
- BPTC, Very Competent, BPP Law School
Memberships
- Society of Construction Law (UK)
- Technology & Construction Bar Association
- Commercial Bar Association
