Eesvan Krishnan

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)

Eesvan was junior counsel to an investigation into institutional responses to internet-facilitated child sexual abuse.  The investigation extended to matters such as the regulation of the internet industry and the effectiveness of the National Crime Agency and police forces at detecting and responding to such abuse.

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).

Advised on a matter relating to the disciplinary rules for the bar (with Michael Beloff QC).

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. 

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 a trans man resident in Hong Kong on challenging the failure by Her Majesty's Passport Office to amend the gender marker on his British National (Overseas) Passports from female to male (with Timothy Otty QC).

Acted for the Claimant in a challenge under Art 6 ECHR and Art 47 Charter to an assertion of international organisation immunity by the European Bank of Reconstruction and Development. The case ultimately settled, shortly before a hearing at the Employment Appeal Tribunal. 

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

Led by Tom Weisselberg QC and David Lowe, Eesvan is presently acting for an international hotel chain in an arbitration concerning a dispute with a franchisee over contractual termination payments. The dispute involves complex factual as well as expert evidence. The final hearing is due to be held in early 2021. 

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.

Acted for the respondent to an application in the Bankruptcy and Companies Court to set aside a statutory demand.

Acted for the Claimant in a High Court claim for the enforcement of intellectual property relating to ‘smart’ water meters (with Michael Bloch QC). The case settled. 

Acted for the Claimant in a High Court claim for breach of the Conduct of Business Sourcebook in relation to losses incurred from the failure of a collective investment scheme (with Tony Peto QC).

Acted for the Claimant in an application for summary judgment in the High Court against two foreign companies for breach of guarantees.

Acted for the Claimant in a claim arising from the theft of bitcoins from a bitcoin exchange. The case settled.

Advised Camelot on the merits of a claim to a prize in the National Lottery.

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.

Assisted Andrew Hunter QC and Andrew George in a Commercial Court trial of a claim of breach of contract and a counterclaim of misrepresentation arising from the failure of a currency trading system.

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). 

See above.

Eesvan is advising a leading Environmental NGO on the legal obligations of a certain business sector to disclose, consider and manage its impact on climate change. 

Advised an NGO on a prospective claim concerning climate change (with Tim Otty QC).

Advised a NGO on its consultation response to the Government’s plans to bring the UK into compliance with the Air Quality Directive.

Advised an NGO on the Air Quality Directive for the purpose of its consultation response to a proposal to widen a major motorway.

Advised an NGO on possible grounds on which to challenge the Government’s proposal to scrap the ‘Zero Carbon Homes’ policy.