Barbara Dohmann QC

Banking and General Commercial:

Miss Dohmann regularly advises and acts in international banking disputes . She has regularly acted for and advised clients in disputes arising from takeovers and acquisitions, including Argyll v Guinness, GE Capital v Bankers Trust & Others;  Fyffe plc v Geest plc, Terra Firma and EMI, Ansbacher & Co Ltd and confidential others.

Financial Services:

Miss Dohmann has specialised in financial services for most of her career, having acted for and against Self-Regulating Organisations, in relation to investigations, disciplinary proceedings, judicial review, appeals and advice.  She has been involved in many of the major regulatory cases instructed by the Regulators, including the SIB, SFA, IMRO, PIA and thereafter the FSA. She has acted in Bank of England, Stock Exchange, Lloyd’s and DTI investigations, making written submissions and representing clients before inspectors or tribunals.

Banking and General Commercial:

• Madoff (2010 - 2011)
  In Bermuda and the US, giving expert opinions for several courts relating to the Madoff Litigation.
• Credit Suisse and another v Ansbacher (2010)
  Acted for Ansbacher in a claim regarding an investment by the claimant which raised questions of the duties owed to an investor, and the responsibility of a bank for the acts of its directors and employees, the fraud of third parties and issues of contributory negligence by trustees in relation to the breach of duty claims.  The case settled shortly before trial. 
• Advisory and litigation work including disputes re Fleming, RBS and Lehmann Bros. 
• Citco/Headstart Class F Holdings Ltd v Y2K Finance Inc (BVI) [2008]
  Hedge fund litigation, High Court and CA in the BVI.
• Central Bank of Ecuador v Ansbacher (Bahamas) Ltd [1996 to 2008]
  Issues of international financial fraud.  Supreme Court and CA in the Bahamas and PC.
• First Atlantic Commerce Ltd v Bank of Bermuda [2008]
  E-commerce dispute, High Court and CA (Bermuda). 
• HSBC Bank plc v 5th Avenue Partners & Ors [2007] EWHC 2342 (QB)
  Acting for counterclaiming defendant and successful Part 20 claimant v Michael Brown in investment fraud case.
• K Ltd v National Westminster Bank (HSBC and SFO intervening) [2007] 1 WLR 311
  Case relating to bank’s obligations under POCA.
• WPP Holdings Italy SRL v Benatti [2007] EWCA Civ 263, [2007] 1WLR 2316(Commercial Court and CA)
  Jurisdiction and European law dispute. Trial 2008 before Walker J settled.
• FFSB v Seward and Kissel [2007] UKPC 16
  Contribution claim by Bank against New York legal advisers of mutual fund; jurisdiction dispute decided by Privy Council in favour of Bahamian Bank.
• Investec v A Michael & Ors [2006] (Commercial Court)
  Investment banking contractual dispute. 
• M.J Select Global Ltd v Oceanic Bank [2006]
  Acting for successful bank in action by liquidator of Bahamian Mutual Fund; issues of Fund Regulations, international hedge funds, financial services.
• Bank Candtrade/HSBC v FFSB (Bahamas)
  Issues of company law, prospectus liability, shareholders’ rights and banking.
• Re Oracle Fund Limited (in liquidation) Bahamas
  Issues of banking, regulation, fund management and company law.
• Law Debenture Trust Corporation Ltd v Lexington Insurance Co & Ors [2002] EWCA Civ 1824 (Commercial Court and Court of Appeal 11.11.02)
  Issues included banking, professional negligence and insurance/reinsurance and civil fraud.
• Brown & anr v Bennett & Ors (Ch and CA)
  Whether defendants obtained plaintiffs’ business dishonestly. Chancery Division decided 18.10.2000, no case to answer.  Wasted costs order [2002] 1 WLR 713
• Alfred Billes v Bank of Bermuda Limited [2001]
  Issues of banking and civil fraud in Grand Cayman.
• Bank Handlowy v Bank of New York (CA 8th December 1999).
  Application relating to proposed privatisation of a major Polish Bank.
• Henry Ansbacher & Co Ltd. v Binks Stern [1998] PNLR 221; [1998] Lloyd's Rep. Banking 1. Court of Appeal
  Successful fraud claim by bank against solicitors of client.
• Morgan Stanley UK Group v. Puglisi (Queen’s Bench Division Commercial Court) 29.01.98 (Financial Services Act 1986 s 62(1)
  Whether PERLS transaction with private customer was off-exchange margined transaction in derivative instrument.
• Lordsvale Finance plc v. Bank of Zambia [1996] QB 752
  Default interest not a penalty.

Financial Services:

• Financial Services Compensation Scheme Ltd v Independent Financial Advisers  (2011)
  Claim in the Commercial Court by Scheme to recover monies paid to investors.
• Citco Global Custody N.V. v Y2K Finance Inc. (BVI, 2008 - 2010)
  Acted for defendant hedge fund, answering multi-million dollar claims for alleged unfair prejudice and for the appointment by the court of a liquidator over the fund. This was a substantial and long-running piece of credit crunch litigation - the claim concerned the redemptions of shares in a fund which had significant exposure to sub-prime mortgages.  
• Advisory work involving off-shore Regulators (2011).
• Advisory work for the Financial Ombudsman (2010).
• Financial Services Authority v Philippe Jabre / GLG Partners
  Market abuse/hedge funds. Acting for the FSA.
• Split Capital Trusts litigation and a wrongful trading involving a bank.
• Hedge Fund Industry issues: instructed by the FSA.
• Underwriters at Interest C/o PYV Limited v DB
  Issues of financial regulation, and the powers of Ombudsman to award financial compensation.
• Advisory and litigation work for Underwriters on Financial Services issues.

Miss Dohmann has appeared in many large international and domestic arbitrations as Counsel or Arbitrator.  Given client confidentiality, little can be said beyond the fact that the subject matters have included and include oil trading (e.g. dispute between a state oil company and a private trading company), a North sea oil drilling contract, the true construction of a bare boat charter, alleged breaches of charter parties, property, construction, trusts, commodity trading, family foundations, shareholder disputes, the sale of companies/mergers/acquisitions, international sporting events, media services and many insurance and reinsurance disputes (see below). She is presently an ICC Arbitrator in a large international shareholders’ dispute.

Insurance and Re-Insurance:

Miss Dohmann has acted for and against insurance companies and Lloyds Syndicates, and for Lloyds names, in cases relating to the following areas:

• Conflict of laws: proper law of Lloyd's marine policy Amin Rasheed Shipping Corporation v Kuwait Insurance Co. [1984] AC 50;
  Credit Lyonnais v New Hampshire Ins Co [1997] 1 Lloyd's Reps 191; [1997] 1 LCLR 1 (whilst sitting as deputy judge in Commercial Court);
• true construction of policies; coverage disputes,
• non-disclosure/misrepresentation by insured, materiality disputes,
• fraudulent claims,
• insurable interest,
• fortuity,
• sham re-insurance,
• illegality of policies; lack of authorisation of insurer,
• negligent underwriting: claims by Lloyd's names,
• regulation of insurance markets,
• liability of insurance brokers,
• allocation of insurance claims between (i) years (ii) different insurers,
• limitation: Sheldon v Outhwaite [1996] 1 AC 102 (dealing with professional negligence limitation and deliberate concealment by a Lloyd's Underwriting Agency).

Insurance and Reinsurance:

• Gold Fields Mining LLC v Energy Holdings (No 3) (2011)
  Sitting as chairman of a Claims Tribunal – a case relating to US mining and environmental costs issues. 
• Advisory work as to the availability of cover in financial services disputes (2009, 2010, 2011, 2012). 
• Douglas Bee v Carl Jenson [2007] EWCA Civ 923
  Principles of compensation and indemnity.
• Carvill America Inc and R K Carvill & Co Ltd v Camperdown UK Ltd QBD (Commercial Court) – 02.09.04 and [2005] EWCA Civ 645.
  Issues of conflicts of laws and forum non conveniens in the re-insurance market, liability for brokerage under reinsurance treaties and the proper custom and practice of the London reinsurance market.
• Chubb v London Life
  Reinsurance arbitrations, raising issues of pool underwriting and duties of agents.
• First National Litigation Funding Plc v various Lloyd’s Syndicates and Investec Bank (UK) Ltd [2005]
  Insurance issues arising from s106 of the Consumer Credit Act.
• Law Debenture Trust Corporation Ltd v Lexington Insurance Co & Others (Commercial Court and Court of Appeal 11.11.02)
  (See under Banking above)
• Manulife v Chubb [2002]
  Reinsurance arbitration.
• Allianz & Others v Chubb [2001]
  Reinsurance arbitration.
• Sovereign v M&G [2001]
  Reinsurance arbitration.
• Kingscroft Insurance Co Ltd & ors v Nissan Fire & Marine Insurance Co Ltd [1999] Lloyd's Rep. IR 603, (Commercial Court), Moore-Bick J. 29th July 1999, [2000] 1 All ER (Comm) 272
  Whether quota share reinsurers of an underwriting pool became parties to facility quota share reinsurance treaties; effect of provisional notices of cancellation, renewals of treaties.
• Kennecott Utah Copper Corp & ors v Cornhill Insurance plc & ors [2000] Lloyd's Rep. IR 179 (Commercial Court)
  Construction of policy wording and endorsements: whether a newly built plant damaged by explosion had attached to an operational insurance policy. (Settled on eve of appeal).
• Novelli SPA v. Watkins CA 26.11.96. Times December 24 1996
  Whether defendant insurers were prejudiced by reason of the extended period during which they had to reserve in their books their proportion of the unreinsured loss.
• Regularly advising Banks and Underwriters on coverage issues.
  

Civil Fraud:

• Fifth Street Owners Cotp & ors v Pierre Rolin (2011 - 2012)
  Acting for defendant in alleged civil fraud relating, inter alia, to large property portfolios in the US.  Case continues.
• Barclays Pharmaceutical Ltd v Waypharm LP & ors (2011 - 2012)
  Acted for claimants re alleged very serious fraud affecting the claimant's trade in, inter alia, the pharmaceutical industry by defendants. 
• Credit Suisse and another v Ansbacher (2010)
  Acted for Ansbacher answering a claim arising out of an investment in the Dubai property market, concerning allegations as to breaches of fiduciary duty, misrepresentation and non-compliance with various FSA rules and principles and the fraud of third parties.  Settled shortly before trial.   
• The Central Bank of Ecuador v Ansbacher (Bahamas) Ltd and others [2010] 
  Long-running case of alleged international banking fraud.
• FFSB v Seward and Kissel [2009] Bahamas
  Conflict of laws and a contribution claim by the settling Defendants in a Mutual Fund action against the Fund’s US lawyers, who had also acted for fraudulent fund manager.
• FFSB v Seward and Kissel [2009] Bahamas
  Conflict of laws and a contribution claim by the settling Defendants in a Mutual Fund action against the Fund’s US lawyers, who had also acted for fraudulent fund manager.
• Berezovsky v Abramovich [2008] EWHC 1138 (Comm)
  Conflicts of law, intimidation, breach of trust (Comm. Ct)
• Yugraneft v Abramovich and Berezovsky [2008] EWHC 2613 (Comm)
  Jurisdictional issues, alleged fraud.
• Water and Sewerage Authority of Trinidad & Tobago v Desalination Company of Trinidad & Tobago and Others
  Civil fraud case concerning alleged bribery in contract procurement.
• A v B [2006] EWHC 2006 (Comm); [2007] 1 All ER (Cmm) 591; [2007] 1 LP Rep 237
  Civil fraud, commercial arbitration versus litigation, conflict of laws, injunction. Complex international dispute between metal traders, issues of validity of arbitration agreement. (Court of Appeal judgment, 08.03.06)
• Ashton Investments Ltd v OJSC Russian Aluminiumi [2006] EWHC 2545 (Comm); [2007] 1 Lloyd’s Rep 311; [2006] 2 CLC 739, QBD (Comm)
  Alleged civil fraud and jurisdiction dispute.
• Brimko Holdings Ltd v Eastman Kodak [2004]
  Joint venture company for Chinese market; included issues relating to alleged fiduciary duties and misappropriation.   

• Advice to multinational company on the Bribery Act (2011).
• Advice and litigation work in relation to constuction disputes, including acting as mediator (2011).

Miss Dohmann has acted and advised in many cases where litigation was proceeding in a number of jurisdictions, she has appeared as an expert witness and has given expert opinions on English law to Courts in several European countries and in the United States of America.

She has recently given expert opinions in Madoff related class actions in the USA.

Miss Dohmann also has extensive experience in appearing before foreign courts in very large commercial disputes, including Bermuda, Gibraltar, Singapore, Brunei, Grand Cayman, The British Virgin Islands and the Bahamas.

See the cases cited under Civil Fraud above, and, in addition:

• FFSB v Seward and Kissel [2007] and [2009]
  Privy Council allowed FFSB’s appeal as to jurisdiction in the Bahamas. Issues concern the conflict of laws and a contribution claim by the settling Defendants in a Mutual Fund action against the Fund’s US lawyers.
• Ministry of Defence of Iran v Faz Aviation [2007] (Commercial Court)
  Question of company’s seat and principal place of business. Jurisdiction dispute.
• Ashton Investments Ltd v OJSC Russian Aluminium [2007] EWHC 2545 (Commercial Court)
  Jurisdiction dispute.
• In the matter of T & N Ltd (and Others) [2005] EWHC 2990 (Ch), [2006] 1 WLR 1792
  Administration proceedings in England and Federal Mogul Chapter 11 proceedings in the US, raising important issues of conflicts of laws in a cross-border insolvency. 
• Carvill America Inc and R K Carvill & Co Ltd v Camperdown UK Ltd QBD (Commercial Court) [2005] EWCA Civ 645
  Issues of conflicts of laws and forum non conveniens in the re-insurance market, liability for brokerage under reinsurance treaties and the proper custom and practice of the London reinsurance market.
• British American Tobacco (Investments) Ltd v United States of America [2004] EWCA Civ 1064
  No voluntary waiver of privilege by a party to US litigation in respect of documents when those documents had entered the public domain as a result of a judgment settling US litigation involving that party.
• Mukta Gheewala & Ors v Mahesh Gheewala & Ors [2003] (Privy Council)
  Rejecting Jersey jurisdiction; forum non conveniens.
• M/S Alghanim Industries Inc & others v Skandia International Insurance Corp & Others [2001]
• Naz Smyth v Abdul Behbehani & Maha Behbehani (Court of Appeal) The Times, 7 April 1999
  Principles applicable to the grant of negative declarations and a stay of proceedings on the grounds of forum non conveniens.
• Lubbe & ors v Cape plc [1998] CLC 1559 (Court of Appeal); and also Pill LJ, Aldous LJ, Tuckey LJ  29th November 1999
  Forum non conveniens, forum created by offer to submit, reverse forum shopping.  See also [2000] 1 WLR 1545.
• Sedigep Ltd. v The Administrators of Polly Peck [1997] 2 BCLC 630
  Jurisdiction dispute involving the Mozambique Rule and s 30 of the Civil Jurisdiction and Judgments Act 1982.
• Simon Engineering v Butte Mining PLC QB, (Commercial Court) [1996] 1 Lloyd's Reports 91
  Counter suit injunction, whilst sitting as a deputy judge.
• Continental Bank SA v Aekos Compania Naviera S.A. [1994] 1 Lloyd’s Rep 505 (Court of Appeal)
  Article 17 and anti-suit injunction.
• Owens Bank v Bracco [1992] 2 AC 443, [1994] ECR I-146, [1994] 2 WLR 759
  Miss Dohmann represented Bracco at all levels, including the House of Lords and the ECJ
  Whether a foreign judgment obtained by fraud can be enforced in England and on the reference to the European Court on points arising under the 1968 Brussels Convention.
• Kurz v Stella Musical [1992] Ch 196
  Interpretation of Art 17 of the 1968 Brussels Convention.

• BBC Worldwide v Bee Load Ltd [2007] EWHC 134 QBD (Commercial Court)
  International licensing and jurisdiction dispute.
• MTV Networks Europe v Performing Right Society
  Confidential international licensing dispute.
• George O’Dowd v Virgin Records Ltd and The Bay City Rollers
  Royalty disputes.
• BPI v Mechanical Copyright Protection Society/Glidepath Holdings B.V. & Others v John
  Intellectual property/entertainment. 
• Campbell Junior & O’Donnell v Gullane Productions Ltd & Ors [2005]
  Counsel for the successful Claimants, composers of the “Thomas the Tank Engine” music in this dispute with the owner of the rights in the television series. 
• Re BBC Worldwide Ltd
  Advice concerning issues of disposal of US businesses.
• British Broadcasting Corporation v Talksport Ltd [2001] FSR 53 The Times 29.06.00
  Successful resistance to passing-off injunction.
• Columbia Tristar Home Video (International) Inc v Polygram Film International BV (Court of Appeal) 8th February 2000
  Construction of film/video financing agreement.
• Hadley and Others v Kemp [1999] EMLR 589 (Chancery Division), Park J. 30th April 1999.
  Instructed on behalf of Gary Kemp and his publishing company; successfully resisted all contract and copyright claims brought by former members of the group "Spandau Ballet".
• Miss Dohmann has acted for, amongst others, Take That (v Robbie Williams) Vangelis, Eric Clapton, Oasis, Sony, BMG and ITV. She has also been dealing with other confidential work for artists and companies.
• Miss Dohmann has been a member of the Ethics Committee of the University of the Arts, London, and advises on media and IP matters.

Other cases include:

• Green World International v International Tennis Promotions Ltd (Arbitration and Commercial Court)
  Case concerning arbitrator’s jurisdiction and the effect of assignment.
• Morley v Elmaleh (Ch) 3-7-2009
  Undue influence, breach of trust and property claim.
• Teamsport B.V. v Umbro International Ltd
  Licensing dispute.
• Finance Group and CT Mobile v IPOC et al (TCI)
  Third party jurisdiction and shareholder dispute. Claim in Bermuda.
• Arbitrations  relating to international Telecoms disputes.
• Liverpool Football Club v Reebok [2007] (Commercial Court)
  Contract and royalty dispute.
• London Underground v Transport for London [2002] EWHC 1260
  Legal professional privilege.

VAT registration number:  244754843