Disclosure Disclosed: the pilot in practice - Bristol

Quadrant Chambers is going to be in Bristol holding an evening seminar and reception. 

On 1st January 2019 a two year Disclosure Pilot commenced in the Commercial Court to test the proposed changes to the CPR that were approved by the Civil Procedure Rule Committee on 13th July 2018. 

At this seminar Members of Quadrant Chambers will: 

  • Summarise the principal features of the new process and the practical ramifications of the two year Disclosure Pilot
  • Compare the differences between practices in the Chancery Division and the Commercial Court
  • Consider the different models available and how they work – including some case studies of the models in practice.
  • Look at disclosure orders in practice and pass on some first-hand experience

Date: 3 July, 5pm 

Venue: Malborough Suite, Mercure Hotel, Broad Street, Bristol

Yash Kulkarni QC

Consistently recommended as a leading barrister in the legal directories for Commercial Litigation, Commodities, Shipping and Information Technology, Yash Kulkarni has a broad commercial practice covering international trade, banking, information technology, insurance and insolvency. He is described by Chambers UK as: "...a formidable opponent… quick and clever, as well as wonderfully approachable and easy to work with.”  

He has appeared extensively in the Commercial Court, Chancery Division, QBD, Technology and Construction Court and arbitration and has particular experience of applications for interim relief including applications to appoint receivers, freezing and search orders and asset preservation orders. He is also experienced in applications for anti-suit injunctions. Yash has appeared in over 20 reported cases over the past 5 years alone.

Yash is instructed in a wide range of substantial commercial disputes and is often instructed as part of a team on substantial and complicated commercial cases. Illustrative cases include:

  • Nissan v Fiamm - Yash is currently instructed as lead counsel on behalf of Nissan in respect of a EUR 60m claim against an Italian battery manufacturer in respect of alleged deficiencies in lead acid batteries installed in Nissan cars. The case involves a number of technical issues and is listed for a 6 week trial in 2020.
  • LCIA Dubai - Yash is currently instructed as lead counsel in a LCIA arbitration in Dubai involving claims for $140m under various loan agreements and a counterclaim of $850m, involving a complicated commercial relationship between significant Azerbaijani and Turkish conglomerates.
  • ICC London – arbitration concluded in Feb 2019 - acted for the claimant in a $350m claim arising out of the sale of a Nigerian oil and gas company in which the claimant alleged misrepresentation and breach of the SPA warranties. Yash co-counselled with a Nigerian SAN on the case before a tribunal of Lord Hoffman, Dr Michael Pryles and Kemi Pinheiro SAN
  • Smiths Interconnect Group v Quintel Technology [2018] 12 WLUK 45, Knowles J. Yash successfully obtained summary judgment in a claim for $2.3m in respect of antenna products supplied under a series of supply and manufacturing agreements in circumstances where the defendant was seeking to set-off an alleged $3m counterclaim.
  • Guardian News & Media Ltd v The Rubicon Project Inc - Yash is instructed as one of two QCs in a three counsel team on behalf of The Guardian in respect of a claim for the recovery of alleged secret commissions and private fees made by the defendant in the context of providing online advertising services (AdTech) in which it sold the claimant’s website space to third party advertisers through an auctioning process.
  • Holeszowski v Clydesdale Bank - Yash is instructed as lead counsel in respect of a £35m claim against the Clydesdale Bank in respect of alleged misrepresentations and breaches by the bank in relation to a substantial property development project. The case has not yet been listed for trial.

> view Yash's full profile

Liisa Lahti

Liisa Lahti has a broad commercial practice. Her particular areas of specialism include banking, finance, civil fraud and international trade.  She undertakes drafting and advisory work in all areas of her practice and regularly appears in court and in arbitration, both as sole counsel and as a junior. Illustrative examples include:

  • LIBOR manipulation: Acting in various disputes in the Commercial Court & Chancery Division between real estate investment companies and commercial banks regarding loan agreements and associated swaps. Including Aldersgate & Ors v Bank of Scotland & Anor [2018] EWHC 2601 (Comm). Claim in excess of £100 million. Allegations of fraudulent and negligent misrepresentation arising out of LIBOR manipulation as well as an application by the defendant attempting to withdraw pleaded admissions of findings by global regulators.
  • Mis-selling of interest rate hedging products: HMG Investment Holdings Limited v National Westminster Bank PLC  [2018] EWHC 3492 (Comm).  3 week trial of a claim for mis-selling of interest rate hedging products.
  • Share sale: An ongoing ICC arbitration relating to the share sale of an energy company (sole counsel).
  • Online payment fraud: Acting for a bank in defence of claims relating to vishing and cyber attacks on customers of a bank (2016-2017).
  • Insolvency and the sale of goods: PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] A.C. 1034. Acting for various Owners (arbitration and court, including the Supreme Court) in relation to claims arising from the insolvency of OW Bunkers.

Before coming to the Bar Liisa spent two and a half years at Freshfields Bruckhaus Deringer. Liisa has also been seconded to the General Counsel’s Division of the (then) Financial Services Authority and a leading international law firm.

Liisa is ranked as an 'Up and Coming' Junior in Commercial Dispute Resolution (Chambers UK 2019) and as a leading junior in Banking & Finance (Legal 500 2019).  “An extremely able lawyer, fantastically thorough, and really knows the details.” (Legal 500, 2019). "Extremely responsive and watertight in her legal arguments." (Chambers UK 2019)

> view Liisa's full profile

Simon Oakes

Simon Oakes practises in commercial law, with a particular focus on banking & financial services, and complex commercial fraud cases.

Simon has a wealth of experience in some of the most significant banking and financial services cases of recent years, from major interest rate hedging product litigation to regulatory investigations against individuals. He has a deep knowledge of the allegations of LIBOR misconduct against several major banks, a great deal of experience in misselling cases, and a wealth of experience of developing legal and tactical arguments in major commercial litigation.

Significant recent instructions include:

Two ongoing multi-million pound deceit claims against Bank of Scotland and/or Lloyds Banking Group

  • Aldersgate & Ors v Bank of Scotland & Anor [2018] EWHC 2601 (Comm): a Commercial Court claim in excess of £100 million, alleging fraudulent and negligent misrepresentation arising out of LIBOR manipulation. The case also involved a ground-breaking interlocutory application by the defendant, attempting to withdraw pleaded admissions of findings by global regulators.
  • The LIBOR test case of Graiseley Properties Ltd v Barclays Bank Plc, Deutsche Bank AG v Unitech Global Ltd [2013] EWCA Civ 1372 (CA), in the Court of Appeal and in the High Court. One of The Lawyer’s ‘Top 20 cases’ of 2013.
  • Hockin v Royal Bank of Scotland in the High Court: a £55 million Financial List banking case concerning interest rate products and the bank’s Global Recovery Group (‘GRG’), and involving issues of misrepresentation, LIBOR manipulation, unlawful means conspiracy and implied duties of good faith.
  • Viavi v Shannan & Others [2018] EWCA Civ 681: a significant dispute about the validity of deeds, the principle in Re Duomatic, and estoppel by deed.
  • Advising as to the impact of Brexit on the security of motor insurers.

> view Simon's full profile