Eesvan Krishnan

Led by Monica Carss-Frisk KC and Iain Steele, Eesvan is acting for the claimant in a judicial review of an unprecedented decision by the London Metals Exchange to cancel transactions in the nickel market.

Acted for Novartis in an EU law challenge to the use of unlicensed medicines within the NHS in place of licensed alternatives (led by Tom de la Mare QC). 

Acted for the claimant in a landmark JR in Bermuda concerning an application by a non-Bermudian for a licence to acquire land (led by Michael Fordham QC).

Acted for the Serious Fraud Office in the landmark case concerning legal professional privilege in the context of a corporate 'self-report' (led by Jonathan Fisher QC and James Segan).

Advised the Panel on Takeovers and Mergers on various questions arising from the giving of post-offer undertakings under the Takeover Code (with Michael Fordham QC).

Assisted a firm re representations to the Oil & Gas Authority on the grant of a methane drainage licence (with Michael Fordham QC)

Acted for the Lord Chancellor in resisting permission to judicially review the process of setting the personal injury discount rate under the Damages Act 1996 (with Timothy Otty QC).

Acted for the claimants in a judicial review of the removal of the exemption for renewable source electricity from the Climate Change Levy (with Michael Fordham QC and Jason Pobjoy).

Acted for a group of antique dealers/collectors in a challenge to the proportionality of the ban in the Ivory Act 2018 on trade in antique ivory (led by Tom de la Mare QC). The case raised issues including the threshold for deployment of the precautionary principle and whether, as a matter of EU law, a greater margin of appreciation applied because the relevant decision was taken by Parliament. 

Led by Shaheed Fatima KC, Eesvan advised a leading technology company on human rights standards applicable to social media during times of armed conflict.

Acted for the Lord Chancellor in defending a challenge under Art 6 ECHR / common law to the removal of the right to an oral hearing when seeking permission to appeal to the Court of Appeal (led by Shaheed Fatima QC). Permission for JR successfully resisted.

Acted (with Philip Havers QC, Adam Straw, and Adam Sandell) for the claimant in a novel JR seeking to challenge the ban on assisted suicide.  

Acted for a refugee charity challenging the consultation process by which the SSHD fixed the number of unaccompanied asylum-seeking children to be relocated from Calais to the UK (with Nathalie Lieven QC and Laura Dubinsky).

Advised the Metropolitan Police on legal questions arising from an investigation into phone hacking (with Michael Beloff QC).

Acting for an international hotel chain in an ICC arbitration (London seat) in a challenge under ss.67 and 68 Arbitration Act 1996 to an arbitral award concerning allegations of misrepresentation and fraud. Led by Tom Weisselberg KC and David Lowe.

Acted for an international hotel chain in an LCIA arbitration (London seat) against a franchisor. The claim raised issues of contractual interpretation, implication of terms, breach, causation, and quantification of damages. Led by Tom Weisselberg KC and David Lowe.

Acted (with Shaheed Fatima QC) for one of the Respondents in a dispute as to the Chairmanship of the Libyan Investment Authority. The case raised various novel issues, including the scope/effect of the 'one voice' doctrine regarding the recognition of foreign governments. In March 2020, the Commercial Court gave judgment on various Libyan law issues after a one-week trial: [2020] EWHC 696 (Comm). In May 2020, the Court of Appeal gave judgment on the 'one voice' point: [2020] EWCA Civ 637.

Advised and acted for an entity re a claim against a bank for breach of the Quincecare duty (with Tony Peto QC). Eesvan represented the entity at a mediation, following which the claim settled.  

Advised the Qatar Financial Centre Regulatory Authority with an investigation into the conduct of an insurance intermediary.

Acted for a Defendant in a claim under s.90 FSMA (with Andrew George QC). The case settled shortly before trial.

Advised an individual on a proposed claim in negligence and for breach of the FCA Conduct of Business Sourcebook for losses incurred in commodities trading.

Advised on the merits of a proposed claim under the FCA Conduct of Business Sourcebook and at common law in relation to anticipated losses under a collective investment scheme. Also advised as to the scope of the jurisdiction of the Financial Ombudsman Service.

Advised a firm on compliance obligations under the FCA approved persons regime arising from its purchase of an insurance broking business.

Advised the FCA on consequential changes to the FCA Handbook arising from the implementation of the Mortgage Credit Directive 2014/17/EU.

See above.

Acted for Novartis in an EU law challenge to the use of unlicensed medicines within the NHS in place of licensed alternatives (led by Tom de la Mare QC). 

Led by Tom de la Mare KC, Eesvan advised on the prospects of a claim against a leading technology company for breach of data protection and competition law, arising from allegations of the unlawful harvesting of user data.

See above.