Defending the Nuclear Decommissioning Agency against a £120 million+ damages claim arising from the procurement of a £7 billion contract for the decommissioning of 12 nuclear power stations. The procurement was one of the most significant public sector contracts to be awarded in 2014. It includes an appeal reference to the Supreme Court on issues of public importance regarding the remedies available under EU and domestic procurement. EnergySolutions v Nuclear Decommissioning Agency.
Advising the representative of the 30,000 members of the Fund regarding the Fund trustee’s proposed new contribution regime for recovery of a technical provisions deficit of £362 million. The judgment made new pensions and trusts law on whether trustees must act in the best interests of members/beneficiaries. The case also considers the important pensions law issue of whether enhanced revaluation of deferred benefits amounts to accrual for the purposes of pensions legislation on employer debts. Merchant Navy Ratings Pension Fund Trustee Ltd v Stena Line & Others.
Defending the National Crime Agency against compensation claims worth over £220 million under section 283 Proceeds of Crime Act. Our team was engaged to defend all aspects of the claims which are significant as being the first challenge under section 283. Mr I Perry and Others v National Crime Agency.
Acting for Victoria’s Secret UK Limited to appeal the High Court decision of Justice Birss in a trade mark challenge concerning the use of its PINK brand. Thomas Pink Limited v Victoria’s Secret UK Limited.
Representing a major European multi-national in successfully defending two claims for £225 million and Euro 450 million brought by way of arbitration references concerning international contracting arrangements. These claims also involved satellite litigation in other European countries and the USA.
Representing the Co-operative Bank in a claim concerning the valuation of a portfolio of 91 bank branches which stood as security for a £125 million loan facility advanced by a subsidiary of the Co-operative Bank. This was one of the largest professional negligence claims of the last few years, raising some new and important points of law, including the application of some long-standing principles to a portfolio valuation.
Acting for Airbus seeking the recovery of secret commissions earned by a former employee (and a supplier). The judgement, following a six week trial, is now a leading authority on the fiduciary duties owed by employees and the consequences of their breach. Airbus Operations Ltd v Withey & Others.
Advising FirstGroup plc on the highly publicised test case for disability rights and equality law concerning access to wheelchair spaces on buses. FirstGroup seeks practical and legal clarity on the extent of reasonable adjustments it has to make to afford access to wheelchair spaces. Our specialist transport litigation team successfully appealed the first instance decision on behalf of FirstGroup and in July 2015 the Supreme Court gave permission to appeal due to public policy importance of the case. Paulley v FirstGroup plc.
Advising Celtic Energy in resolving numerous complex matters arising from the failed SFO prosecution concerning four coal mines in South Wales. This involved complex and novel issues relating to contract, property and planning law relevant to coal mining.