Caspar Bartscherer

Commercial disputes

Recent and ongoing work includes:

• Federal Government of Nigeria and Attorney General of Nigeria v Williams Acting (with Edward Levey KC) for the Claimants in their action to set aside an approximately £100 million (interest is said to continue to accrue) default judgment obtained by Dr Williams in 2018 for fraud. The fraud the Claimants rely involves Dr Williams asserting that the peaceful transition of power in Nigeria in 1993 was a sham, praying in aid a number of forged Nigerian government decrees. Dr Williams’ claim arises from the same facts as a previously discontinued claim against the Central Bank of Nigeria, which Dr Williams had pursued all the way to the Supreme Court ([2014] UKSC 10) before discontinuing.
• Confidential conspiracy claim. Acting (with Bobby Friedman) for five of the eight Defendants to a £250m conspiracy claim in the Commercial Court arising out of a joint venture and franchise relationship regarding an Italian fashion brand brought by its European licensee. The Claimant sought wide-ranging injunctions forcing the Defendants to perform (what they say are) the parties’ contracts, and the Defendants in turn sought (variously) to have the matter stayed pursuant to s. 9 of the Arbitration Act and/or on case-management grounds, to have service out of the jurisdiction set aside and/or a strike out of the claim. Caspar also acts for one of the Defendants in a related LCIA Arbitration.
• Voltaire Capital Holdings Limited and ors v Watson and ors. Acting as sole counsel for the 10^th Defendant (D10) in this US$100 million fraud claim alleging fraudulent misrepresentations, breaches of fiduciary duty and good faith and conspiracy in respect of investments in an FX business. Cs obtained a worldwide notification injunction against a number of Ds including D10, and recently made serious allegations of contempt of court against D10. It is D10s’ position that the allegations against him are misconceived and that the case pleaded against him is insufficient.
• Manoukian v Société Générale de Banque au Liban and another. Successfully acting for the Claimant in one of The Lawyer’s ‘Top 20 Cases of 2022’, obtaining an order for international transfers from Mr Manoukian’s bank accounts held with the Defendant banks following an 8-day trial in the High Court in February 2022 (with Daniel Toledano KC and Bobby Friedman). Further details on the decision of Mr Justice Picken can be found here.
• Raiffeisen v Scully Royalty. Acting for the applicant/plaintiff in civil fraud proceedings in the Grand Court of the Cayman Islands, claiming over €40m under the Cayman Fraudulent Dispositions Law and in conspiracy (with Tim Penny KC and Jamie Holmes). This includes, successfully acting in two appeals before the Cayman Islands Court of Appeal, which upheld a €153m worldwide freezing order against two of the Defendants, and refused two of the other Defendants’ application for permission to appeal the order dismissing their jurisdiction challenge, obtaining permission to amend and join one of the directing minds and will of the conspiracy as an additional defendant, and seeing off a recusal challenge.
• Sheikh Mohammed Omar Kassem Alesayi -v- Bank Audi. Acting (with Bobby Friedman) for the Claimant in High Court proceedings seeking an order for international transfers from Mr Manoukian’s bank accounts held with the Defendant banks. The claim is gearing up for a three-day jurisdiction challenge, and the outcome of a an appeal from an appeal against an order of specific disclosure is awaited.
• Tata Consultancy Services Limited v Disclosure and Barring Service. Acting for the Claimant international IT contractor in relation to a substantial contractual dispute, with each party (counter-)claiming approximately £150m. The case was featured in The Lawyer’s Top 20 Cases of 2023.
• Cresta Estates Ltd and another v Robert Colin Acting for the claimant bondholders in, an application to replace a security trustee under s. 41 of the Trustee Act 1925 (with Patrick Harty). The claimants are seeking to ultimately recover their +£60m investment in a plastic- to-oil project in North Wales.
• Lukoil Benelux BV v Oil Distribution Terminals SL and others. Acting for the claimant oil trading company in a claim relating to the misappropriation of +€20m of diesel oil from a storage facility in Spain (with Bobby Friedman). The claim involves complicated issues of conflict of laws, civil fraud and interim relief.
• Elory Holdings Ltd v Rona Construction. Acting for the defendants in a cross-border commercial dispute (with Tim Penny KC). This included serious allegations of breach of fiduciary duty, related proceedings in another jurisdiction and pleading extensive provisions of foreign law.
• Various Claimants v Spence. Acting for the defendants in a £50m fraud claim brought by 435 claimants in the Commercial Court (with Bobby Friedman).

Download Commercial disputes CV