Eesvan is an experienced and versatile barrister with core strengths in public law & human rights, commercial law, and EU & competition law. He tends to work on novel and complex issues at the intersection of those areas of law; latterly, this is often in the context of group litigation. His cases typically raise questions of foreign law or public international law (in particular the doctrines of State Immunity and Foreign Act of State).

Recent examples of Eesvan's work include: advising on human rights standards applicable to social media companies during times of armed conflict (2022); advising on the prospects of a claim against a leading technology company for breach of data protection and competition law (2023); and his current work as part of the counsel team for the Elliott Claimants in R (Elliott) v London Metals Exchange, one of The Lawyer's Top 20 cases of 2023.

Experience

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Public & Regulatory

Eesvan has acted in and advised on public law and regulatory matters as diverse as the use of post-offer undertakings under the Takeover Code, the issuing of mining licenses, and questions of legal professional privilege in the context of a corporate self-report to the Serious Fraud Office (in one of The Lawyer's Top 20 Cases of 2017 and 2018, SFO v ENRC).

At present, Eesvan is part of the counsel team acting for the Elliott Claimants in R (Elliott) v London Metals Exchange, one of The Lawyer's Top 20 Cases of 2023.

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Civil Liberties & Human Rights

Eesvan has a long-standing interest in civil liberties and human rights, having lectured, researched, and volunteered in the field.

As a law student, Eesvan assisted counsel for the detainee in Zaoui v Attorney General [2005] 1 NZLR 666; [2006] 1 NZLR 289 (SC), New Zealand’s first case of detention on the grounds of national security.

Eesvan co-founded student pro bono programmes at the two universities in which he studied. In 2005, he co-founded The Equal Justice Project, the first such programme at the University of Auckland. In 2009, he co-founded Oxford Legal Assistance, the first undergraduate pro bono law clinic at the University of Oxford. 

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Commercial

Eesvan has acted in a wide range of commercial matters, with a particular emphasis on disputes with an international dimension. 

Led by Shaheed Fatima KC, he recently acted in landmark Commercial Court litigation concerning the chairmanship of the Libyan sovereign wealth fund. 

Led by Tom Weisselberg KC and David Lowe, Eesvan has acted for an international hotel chain in a substantial international arbitration; and is currently acting for the same chain in another substantial arbitration.

Prior to joining Chambers, Eesvan practised as a barrister at Shortland Chambers, New Zealand, appearing in and assisting other counsel with a broad range of contractual, employment, agency, planning disputes before the New Zealand High Court, Court of Appeal, and Supreme Court.

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Public International Law

Eesvan has significant experience of advising and representing clients in disputes raising novel issues of public international law, in particular the issues at the cutting edge of the doctrines of State Immunity and Foreign Act of State. Recent examples include the Libyan Investment Authority litigation (2019-2020) and his present work on jurisdictional challenge to a group claim on the grounds of Foreign Act of State.

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Group Litigation

In recent years, Eesvan has acted on a number of significant examples of group litigation in a variety of contexts, including competition, data protection and alleged mass torts. In addition to often novel questions of procedure, these cases have typically involved consideration of foreign law, European law, and/or public international law.

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Competition

Eesvan acted for the claimants in a substantial follow-on damages claim in the Chancery Division arising from the setting of interchange fees by MasterCard (with Kieron Beal QC and Tristan Jones). The substantive claim was settled, after judgments on various issues in the Chancery Division ([2015] EWHC 3749 (Ch)), the Competition Appeal Tribunal ([2017] CAT 14; [2017] Bus LR 63], and the Court of Appeal ([2017] EWCA Civ 272).

Eesvan has also conducted training in EU competition law. 

Having studied and taught economics, Eesvan has a good working knowledge of the economics of competition law. 

On EU law more generally, Eesvan recently acted (with Tom de la Mare KC) for Novartis in a challenge to an NHS policy on the grounds of compatibility with the EU Medicines regime (see Novartis v Darlington CCG et al, above). He has also advised on the prospects of a claim against a leading technology company for breach of competition and data protection law.

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Financial Services & Banking

Eesvan has a keen interest in financial services law and has acted in a number of financial services disputes, including (led by Andrew George QC) one of the first proceedings for compensation under s.90 FSMA (compensation for statements in listing particulars of prospectus). He has also advised on a wide range of financial services matters, such as the approved persons regime, the scope of the Conduct of Business sourcebook, responsibilities in relation to appointed representatives, pensions regulations, and the jurisdiction of the Financial Ombudsman Service.

Eesvan also advised the Qatar Financial Centre Regulatory Authority on an investigation into the conduct of an insurance intermediary.

Eesvan recently advised the FCA on a dispute arising concerning the interepretation of its FEES handbook. 

In 2014-2015, Eesvan was seconded to the Financial Conduct Authority for five months, where he worked in the General Counsel’s Division. Eesvan’s primary responsibility was to draft an FCA rules instrument amending the FCA Handbook to implement part of the Mortgage Credit Directive 2014/17/EU. Eesvan also advised on a variety of other matters such as the supervision of firms and the scope of the FCA’s regulatory responsibilities.

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Achievements

Education

LLB and BCom (First Class Honours) (Auckland); BCL (Dist.) and DPhil in Law (Oxon)

Prizes & Scholarships

  • Rhodes Scholarship, 2007–2010
  • Merton College Prize Scholarship, 2010
  • Modern Law Review Scholarship, 2009–2011
  • Member of winning team, Global Business Challenge, Seattle, 2004
  • A.G. Davis and Sir Alexander Johnstone Scholarships in Law, University of Auckland, 2004
  • Prizes, Economics and International Business, University of Auckland, 2004

Publications

  • "Decolonising the Common Law: Reflections on Meaning and Method" [2020] Auckland U. L. Rev 37
  • “Private Speculations and the Public Interest: N. C. Kelkar’s Land Acquisition Bill” [2013] Socio-Legal Review 127
  • “Assessing the Value of Contract Economics” [2005] Auckland U. L. Rev 116

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