Barnaby Lowe

Acting for the successful second defendant on its application to set aside service out on the basis that the 'necessary or proper party' jurisdictional gateway (CPR PD6B, para. 3.1(3)) cannot be used to bring a foreign defendant into the jurisdiction where the anchor defendant could have contested jurisdiction but voluntarily accepted service of the claim form (with Adam Baradon).

Acting as sole counsel for the Claimant in its claim for contractual and assigned debts of $1.2 million, as well as an order for the transfer of property. The case has included a successful application for default judgment.

Acting, as sole counsel, for a leading oil & gas field exploration and development company, sued by a marketing management company which is seeking to recover an alleged debt. The case includes a counterclaim raising issues of misrepresentation and rectification of contracts.

Acting for the Second and Third Respondents to a Privy Council appeal from a decision of the Eastern Caribbean Court of Appeal. The appeal concerns issues regarding the creation of bare trusts, the distinction between bare trustees and nominees, and the ability to run an allegedly new case before a final appellate court (with Barbara Dohmann Q.C. and Ajay Ratan). 

Acting for the Defendant to a claim brought by one of its former directors, seeking damages and a final injunction to prevent the Defendant from enforcing an ICSID arbitration award obtained against the Government of Zimbabwe (with Robert Anderson Q.C. and Dominic Howells).

Acting for a leading real estate development group in its multi-jurisdictional US$3 billion breach of trust and breach of contract claim against its former joint venture partner (with Adam Baradon and Carmine Conte).

An unfair prejudice petition arising from the decision of an investor to cease spending, and indefinitely suspend planned further investment, on a joint venture to take a recycling shower product to market (assisting Fraser Campbell).

An application seeking additional disclosure in support of a worldwide freezing order, in the context of a $139 million fraud claim against the former executive directors of a major oil and gas company (assisting Robert Anderson Q.C. and Andrew Scott).

A quantum hearing following AXA's success at a liability hearing concerning a claim for hundreds of millions of pounds of losses, relating to historic PPI mis-selling, from the vendor of subsidiary insurance businesses (assisting Andrew Green Q.C. and Fraser Campbell).

Applications seeking disclosure of an alleged third-party funder, the payment of specific monies, and enforcement of the terms of an allegedly binding debenture. These applications were made in the context of claims concerning various alleged breaches of contract, as well as alleged fraudulent behaviour entitling the Claimant to repayment of certain sums (assisting Fraser Campbell).

An appeal against the imposition of a wide-ranging anti-enforcement injunction in respect of the enforcement of a foreign judgment (assisting Monica Carss-Frisk Q.C. and Andrew Scott).

An action resulting from the collapse of the Fundao Dam in Brazil, involving a range of jurisdictional and foreign law issues (assisting Shaheed Fatima Q.C. and Hanif Mussa).

Applications for strike out/summary judgment of part of a claim, or for a stay of proceedings pending a reference to the CJEU. The claim concerned a major damages action arising from the global Ro-Ro Shipping cartel (assisting Brian Kennelly Q.C. and Andrew Scott).

A challenge to the jurisdiction of the English Courts in relation to a claim by Vestel for alleged abuses of dominance by HEVC and Philips (assisting Andrew Scott).

Applications concerning whether the Claimant could withdraw concessions made when presenting her factual case in contested jurisdiction proceedings. These applications took place in the context of a claim alleging a conspiracy to deprive the Claimant of over $500 million of assets (assisting Andrew Scott).

Applications seeking disclosure of an alleged third-party funder, the payment of specific monies, and enforcement of the terms of an allegedly binding debenture. These applications were made in the context of claims concerning various alleged breaches of contract, as well as alleged fraudulent behaviour entitling the Claimant to repayment of certain sums (assisting Fraser Campbell).

An appeal against the imposition of a wide-ranging anti-enforcement injunction in respect of the enforcement of a foreign judgment (assisting Monica Carss-Frisk Q.C. and Andrew Scott).

An application seeking additional disclosure in support of a worldwide freezing order, in the context of a $139 million fraud claim against the former executive directors of a major oil and gas company (assisting Robert Anderson Q.C. and Andrew Scott).

Applications concerning whether the Claimant could withdraw concessions made when presenting her factual case in contested jurisdiction proceedings. These applications took place in the context of a claim alleging a conspiracy to deprive the Claimant of over $500 million of assets (assisting Andrew Scott).

Acting, as sole counsel, for a leading oil & gas field exploration and development company, sued by a marketing management company which is seeking to recover an alleged debt. The case includes a counterclaim raising issues of misrepresentation and rectification of contracts.

Acting for a leading real estate development group in its multi-jurisdictional US$3 billion breach of trust and breach of contract claim against its former joint venture partner (with Adam Baradon and Carmine Conte).

A claim by the founder of an investment management business, alleging breach of fiduciary duty by co-founders in various proposed restructuring transactions (assisting Andrew Green Q.C. and Fraser Campbell).

A multi-million Dollar dispute arising from the termination of a written agreement providing for the sale and purchase of a motor yacht (assisting Andrew Scott).

An appeal concerning the extent of the Employment Tribunal's power to make a disclosure order against a person outside Great Britain (assisting Diya Sen Gupta Q.C.). 

Applications by three Cantor Fitzgerald employees seeking a stay of English High Court proceedings against them on the basis that any such proceedings should be brought in the State of New York (assisting Diya Sen Gupta Q.C.).

An appeal concerning whether Uber drivers can be said to be workers and whether they are therefore entitled to receive the national minimum wage and paid annual leave (assisting Dinah Rose Q.C. and Fraser Campbell).

The Employment Tribunal unanimously rejected the complaints of victimisation, and direct and indirect sex discrimination brought by a former employee of a FTSE 100 company (assisting Diya Sen Gupta Q.C.).

An intervention by the trustee of a pensions scheme in assessment with the PPF in this action concerning the PPF's EU law obligations to provide minimum levels of benefits (assisting Fraser Campbell). 

A case in the Divisional Court concerning whether the statutory regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR (assisting Hanif Mussa).

The Court of Appeal upheld the High Court's dismissal of a challenge to restrictions imposed by the Ivory Act 2018 in relation to the commercial trade in antique ivory products (assisting Sir James Eadie Q.C., Hanif Mussa, and Daniel Cashman).

Resisting a challenge to the Wild Animals in Circuses Act 2019, which seeks to prohibit the performance and display of wild animals as part of circus acts in a travelling circus (assisting Hanif Mussa).