Year of call: 1985
Silk: 2003
E: emcquater@3vb.com

Email the Practice Managers:

SilksPMs@3vb.com

Ewan McQuater QC is the Joint Head of Chambers at 3VB.  He is an exceptionally well regarded and hugely accomplished silk who brings a wide range of exemplary advocacy and advisory skills to any commercial dispute. He is an "established presence in the banking arena", having extensive experience of the banking practices and instruments which underpin many financial disputes, combined with his in depth knowledge of the insolvency and restructuring context, which can be fundamental to determining strategy. Clients name him as the "silk of choice for complex financial and insolvency matters".

Ewan is also hugely experienced in civil fraud cases and in broader areas of commercial and commercial/chancery work. He has developed a formidable reputation in court as "one of the sharpest and best advocates", having fought and won a series of substantial trials in silk and his skills as an exceptional cross-examiner frequently attract comment. Clients observe that he "makes difficult advocacy look easy" and other counsel cite him as "a formidable opponent".

His ability to be both an "excellent leader" but also a "good team player" often attracts praise. Clients sum him up as being "an incredibly thorough silk" who is "incredibly tenacious" and who "instils utter confidence".

(Source of quotes: Chambers 2014 and Legal 500 2014)

Nominated by the Chambers Bar Awards for Commercial Silk of the Year 2013

Nominated by the Chambers Bar Awards for Chancery Silk of the Year 2012

Nominated by the Chambers Bar Awards for Banking and Finance Silk of the Year 2011

Nominated by the Chambers Bar Awards for Banking and Finance Silk of the Year 2010

Recognised in Chambers & Partners as a Star at the Bar, ranked in 7 practice areas

Recognised by Chambers 2014 as one of the Top 100 silks currently practising at the Bar in England and Wales across all disciplines, one of only a small number of silks practising in the banking and finance area to be included.

In 2012 Ewan was appointed as a board director of the Masters Degree in Corporate Law (MCL) at Cambridge University, the University's innovative post-graduate degree for those wishing to practice as commercial lawyers. The degree seeks to combine practical legal insights with academic and theoretical rigour. He is the only barrister on the board. His role involves giving seminars to graduates and he is involved in creating and shaping the degree course.

Areas of Practice

Ewan is consistently rated in the legal directories (Chambers and Legal 500) as a leading silk in the areas of:

  • Banking and finance
  • Commercial dispute resolution
  • Chancery: Commercial litigation
  • Civil fraud
  • Offshore work
  • Restructuring/insolvency
  • International arbitration

Many of Ewan's matters have an international element and he has frequently acted and advised in relation to litigation and arbitration disputes in English law based jurisdictions including the Cayman Islands, Bermuda, The Bahamas, the BVI, Hong Kong, Singapore, the Isle of Man and Brunei.


‘He has a very sharp mind coupled with excellent client handling skills.’

Legal 500 UK 2015

‘Combines international arbitration with his hugely successful commercial litigation practice.’

Legal 500 UK 2014

Ewan's practice has encompassed a wide range of disputes and advisory work. Some of the key features have been:

Trials: Substantial trials have been a particular feature of Ewan's practice. He acted for Barclays in the CF Partners trial over 10 weeks in summer 2013, a case featured in the Lawyer's top cases for 2013 concerning alleged breaches of the investment bank's duties of confidentiality and Chinese walls policies and procedures (the central allegation was that Barclays stole its client's confidential M&A deal). Ewan successfully defended Honeywell International through a 12 week trial against a $3.5bn claim relating to a failed automotive development project (2008), successfully defended HSBC in a 9 week trial over claims brought by investors in the 5th Avenue Partners banking fraud (2007-8), successfully defended Standard Bank at trial against claims that an advance payment guarantee had been fraudulently called (2006), successfully pursued through trial a landmark precedent for the disqualification of corrupt insolvency practitioners (2012) as well as fighting several large scale and confidential arbitration trials. The Fortress case (an alleged investment management fraud) which featured in the Lawyer's top cases for 2014 was due for trial for 10 weeks in summer 2014 and has recently settled.

Large scale insolvencies and frauds: Ewan has acted extensively in high-profile commercial, banking, fraud and insolvency disputes arising out of various corporate collapses and frauds including Madoff, the Algosaibi (AHAB) and Saad group, the 5th Avenue Partners' fraud on HSBC, Grupo Torras, the Oracle Fund, the Versailles Group, BCCI, Barings Plc, the Arrows Formula One team and the Maxwell Group. Ewan's fraud work has included all manner of asset recovery and enforcement techniques including obtaining novel forms of orders for asset-freezing, disclosure and cross-examination and he is a veteran of multiple hotly contested disclosure, e-disclosure and privilege disputes, as well as advising and acting on anti-money laundering (AML) and regulatory implications.

Derivative and other financial product litigation: key litigation on the meaning and effect of ISDA close-out provisions (1992 and 2002 versions), valuation disputes over swaps and repo (GMRA) close-outs, mis-selling disputes in relation to swaps and other securities (including sub-prime securitisations) and their regulatory implications and disputes as to posting of collateral. Much of this has arisen in the aftermath and context of the financial crisis and the collapse of Lehman and the Icelandic banks in 2008. In this context Ewan has acted for among others Bank of America/Merrill Lynch, BNPP, Euroclear, Glitnir and Kaupthing and he advised the Bank of England in relation to the collapse of the Icelandic banks.

Investment fund disputes: these have included frauds or abuse of investor rights by investment managers, mispricing of securities and derivatives, misreporting of the NAV (net asset value), partner disputes over respective rights to participate and benefit from the fund, together with valuation disputes relating to partner distributions and in measuring damage to investment interests. In this context Ewan has recently acted for among others the major US hedge fund investor Fortress and for the liquidators of Boris Berezovsky's former BVI investment fund.

Structured finance advice and disputes: Ewan has advised and acted in relation to numerous disputed issues of interpretation and practice in multiple corporate restructurings, refinancings and administrations including NHP (care homes), Cattles Plc (sub-prime lender), Carl Zeiss, the Four Seasons Healthcare Group, the London Eye, Meridien Hotels, the Navigator Group, Polestar, Queen's Moat Houses, Telewest, TMD Friction and Eurotunnel. Disputed issues have included solvency issues, special servicer rights and obligations, priorities, the operation of complex waterfall provisions, enforcement rights, voting rights, consultation rights and obligations, entrenched rights, cure rights, controlling party rights, entitlements to amend or waive, interpretation of financial covenants, rights of hedging counterparties and many others, some leading to key court determinations. Ewan's experience encompasses all kinds of corporate rescue procedures including administrations and schemes of arrangement.

Distressed debt litigation: Ewan has acted for numerous creditors seeking to enforce or leverage debt positions in relation to defaulting (or potentially defaulting) corporate and sovereign debtors and has huge experience of the international and domestic mechanisms and strategies which can be successfully deployed to this end and in tackling the jurisdiction, sovereign immunity and practical issues typically involved. Ewan has acted in this regard to leverage positions and obtain successful outcomes in defaults or potential defaults by among others The Republic of Congo, Argentina, Vietnam and Greece. Ewan has also acted and advised extensively in the related area of sanctions disputes concerning among others, Libya, Iran and Russia.

Insolvency claims: Ewan has acted for liquidators pursuing claims relating to misfeasance, breach of duty, wrongful and fraudulent trading, preference claims, transactions at an undervalue and transactions in fraud of creditors, as well as acting for successor liquidators in pursuing the disqualification of corrupt insolvency practitioners. He has extensive cross-border insolvency experience, dealing particularly with issues of recognition and assistance for foreign insolvencies, having acted in some of the leading cases.

CF Partners v Barclays Bank Plc (2011-current) - Ewan led the team of counsel (including David Quest QC) defending Barclays investment banking arm against allegations of breach of confidence and breach of contract in relation to an M&A deal in the carbon credit sector. The opposition was led by Tim Lord QC. The case featured in The Lawyer's top cases for 2013 and has been reported in the financial, business and legal press. The press is particularly interested in the allegation that Barclays stole a client's confidential deal for itself in order to purchase Tricorona, a Swedish carbon trading company. The case reached trial in Summer 2013 and lasted 10 weeks before Hildyard J. Ewan undertook extensive cross-examination of numerous witnesses of fact and experts in the fields of carbon credits and finance and made multiple sets of submissions during the course of the case. Judgment is currently reserved.

Fortress Value Recovery Fund & Others v Blue Skye Special Opportunities Fund & Others (2010-2014) Ewan led the four-strong counsel team (including David Quest QC) acting for the claimant, a major US hedge fund, in a claim against 22 defendants, represented by three separate teams of eight counsel in total, that its English-based investment structure was reorganized in violation of its rights and prejudicing its debt and equity interests. At its core, the case is a novel and complex fraud. Ewan was successful in maintaining an essential interim freezing order and was successful in a number of further important interlocutory disputes through 2012 and into 2013, most notably the important and novel interlocutory decision of Blair J at [2012] EWHC 1486 (against Tim Lord QC), upheld by the Court of Appeal (against Mark Hapgood QC) at [2013] EWCA Civ 367, on the circumstances in which a third party may (or may not) take advantage of an arbitration agreement under the Contracts (Right of Third Parties) Act 1999 - a decision which has been a welcome clarification to the law in relation to the interplay between the 1999 Act and the Arbitration Act 1996. Ewan was also successful (against multiple defendant counsel teams) in resisting a series of interlocutory applications on jurisdiction and merits before Flaux J in January 2013 ([2013] EWHC 14 (Comm)) and successfully argued for a far reaching application of the doctrine of collateral waiver in obtaining an extensive order for the disclosure of privileged material before Cooke J in February 2014 (against Mark Hapgood QC)[2014] EWHC 1052. Ewan also successfully resisted applications by multiple defendants to use funds from the investment structure to meet legal costs on the basis that this would conflict with the purpose of the freezing order [2014] EWHC 551 (Comm), Andrew Smith J (against Mark Hapgood QC). The case settled shortly before trial (due to last 10 weeks in Summer 2014).

Glitnir HF v Toronto Dominion Bank (2012-2014) - Ewan led the counsel team acting for Glitnir, an Icelandic bank which failed in the financial crisis and is currently subject to Icelandic winding-up proceedings, in dispute against Toronto Dominion Bank over the interpretation and application of close-out provisions in the ISDA Master Agreement and over the close-out valuation of swap positions. Issues included how the market turmoil in late 2008 affected valuations, how to value a currency in crisis, how the principles of "clean" and "dirty" valuations are to be applied and how the non-defaulting party's obligation to act in good faith is to be interpreted. Given that thousands of ISDA swap transactions were terminated during the global financial crisis, the case was topical and raised crucial issues of intense interest to financial institutions in the swaps market. The case settled before trial due in 2014. The case also follows a trend of cases on the interpretation of ISDA Master Agreement provisions, an area in which Ewan has previously secured a decision favourable to his client (BNP Paribas v Wockhardt EU Operations (Swiss) AG [2009] EWHC 3116 (Comm)).

Trebuchet Finance Ltd v Merrill Lynch International Bank Ltd (2011-2013) - Ewan led the counsel team acting for major investment bank Merrill Lynch/Bank of America in a landmark claim brought by a dissatisfied professional investor relating to a 2006 securitisation of sub-prime UK residential mortgages. The case raised important issues relating to the regulation and underwriting of sub-prime mortgages, the impact of the 2008 financial crisis on investments in sub-prime-related securities and the valuation of continuing investments in sub-prime securities. There has been a spate of litigation over such issues in the US but this was one of the first cases of its kind to emerge in England and would have had an effect on a wide range of security investments. The case settled in 2013.

Advising Lloyds Banking Group in relation to claims of swaps and derivatives mis-selling made by high profile client of the group (2014)

Salford Capital Partners Inc v Krys and Greenwood (2014) - Advising and acting for the liquidating trustees of the BVI based Value Discovery Fund, holding assets alleged to derive from Boris Berezovsky; issues relate to partners' respective rights and interests in the fund and challenges to the procedure and substance of valuations and distributions of fund assets.

Citicorp International Limited v Shiv-Vani Oil and Gas (2014) - Ewan acted on behalf of the trustee of a multi-million dollar bond issue by Indian industrial Shiv-Vani to enforce judgment in the face of applications to stay on jurisdiction and case management grounds jurisdiction. Summary judgment awarded despite defences alleging illegality under Indian law and lack of approval from the Reserve Bank of India and anti-suit injunction restraining Indian winding up proceedings refused [2014] EWHC 245 (Comm).

Terra Firma v Citibank (2010 - current) - Ewan continues to act for Citibank as expert witness of English banking and financial law in its defence of Terra Firma's (Guy Hands') US$7 billion damages claim for alleged fraud and negligence in the acquisition of the EMI music group in 2007. The claim was dismissed at trial in the District Court but a retrial has been ordered by the US Court of Appeals.

Ahmad Hamad Algosaibi and Brothers Company v Al Sanea and others FSD 54 (2009-current) - Ewan continues to lead the counsel team for the Algosaibi family of Saudi Arabia (AHAB) in a US$10 billion fraud claim against multiple parties including Maan Al Sanea (rated by Forbes magazine as one of the world's richest individuals), the Saad group of companies formerly under his control in the Cayman Islands and multiple banks alleging that credit was obtained using the Algosaibi name. Multiple hearings over the past few years at first instance and on appeal in the Grand Court of the Cayman Islands and the Cayman Islands Court of Appeal, including a successful judgment in excess of US$2billion against Maan Al Sanea and successfully resisting attempts by multiple parties to strike out claims in the Cayman action. Trial is due in 2015.

NML Capital Ltd v The Republic of Argentina (2011-current) - Acting and advising creditors of the Republic of Argentina in relation to its attempts to avoid payments under multiple syndicated loan facilities and under US and English judgments. Unprecedented order enforcing creditors' interpretation of the widely used pari passu clause in sovereign bond agreements by way of injunction - upheld by the Second Circuit Court of Appeals in New York and subsequently upheld in 2014 by the US Supreme Court.

Elliott VIN BV v Vietnam Shipbuilding Industry Group (2011-2012) - Acted for major US hedge fund enforcing sovereign debt claim against Vietnamese state entity, raised important issues of interpretation of LMA (Loan Market Association) standard documentation as to the effectiveness of assignments of loan participations, direct rights of action and recovery sharing.

Strategic Value Master Fund v Ideal Standard International [2011] EWHC 171 Key decision on the interpretation of standard syndicated loan facility documentation in relation to events of default, equity cures, notices of acceleration and waiver provisions.

KfW Bank v Euroclear Bank (2010-2011) Defending Euroclear bank against allegations that it negligently failed to accept collateral posted by Lehman shortly before its collapse. Raised the novel issue of whether a bank providing collateral management services can be liable for Lehman-related losses where there was a delay in accepting collateral.

Excalibur Funding Plc v Lehman Brothers International (Europe) Limited (2010-2011) - acted for the issuer of financial instruments against Lehman (in administration) over one of Lehman's largest outstanding positions (€722m), seeking to set a precedent that Lehman transfer its noteholding following its insolvency.

BNP Paribas v Wockhardt EU Operations [2009] EWHC 3116 (Comm) Successfully represented BNP Paribas in an important decision on the meaning and effect of standard ISDA swaps terms, to the effect that termination and close out provisions are not void as constituting a penalty, on the application of the close out provisions under the 2002 ISDA and on early court disposal of swaps mis-selling allegations.

Kevin So v HSBC Bank Plc and Lucy Lu [2009] EWCA Civ 296 - Successfully defended HSBC on appeal on 5th Avenue Partners bank fraud. The nine week trial is reported at [2007] EWHC 2819 (Comm) - a fraud by the Liberal Democrat's biggest donor Michael Brown induced investors to pay monies into accounts opened at HSBC, Walker J found after nine week trial that the bank was not liable in claims in contract, dishonest assistance or negligence. LCIA arbitration, four week trial in May-June 2009, appeared for offshore hedge funds in an arbitration claim against administrators for alleged mispricing of securities and derivatives and misstatement of the NAV (net asset value).

Alphasteel Ltd v Shirkhani and otrs [2009] EWHC 2153 (trial due 2011) - successfully defended freezing and disclosure orders against allegations of non-disclosure and misrepresentation in banking fraud claim.

Lyons v HSBC Private Bank (UK) Ltd (2009-2010) - Defended HSBC against allegations of mis-selling investments in AIG in the lead up to the financial crisis.

Halabi v Kaupthing Singer & Friedlander (2009) - acted for Kaupthing (in administration) enforcing claims in relation to property development and investment lending.

Bank of England (2009) Advising the institution in relation to remedies available on collapse of Icelandic banks.

Lehman Brothers collapse (2008-2009) Advising and acting for prime brokerage clients of Lehman Brothers on implications of its administration.

HSBC Bank Plc v 5th Avenue Partners Ltd [2007] EWHC 2819 (Comm) Defending HSBC through an eight-week trial relating to alleged banking fraud concerning the Liberal Democrats' biggest ever donor, Michael Brown.

Uzinterimpex JSC v Standard Bank Plc [2007] 2 Lloyds Rep 187; [2007] EWHC 1151 (Comm) - successfully defending Standard Bank at trial against claims that an advance payment guarantee had been fraudulently called, and against claims of double payment.

Haller v Deutsche Bank (2005-2007) - defended Deutsche Bank against claim alleging entitlement to purchase distressed asset trading portfolio, settled 2007.

Kensington International Ltd v Republic of Congo/Ikechukwu Nwobodo [2006] All ER (D) 274; [2006] EWHC 1848 (Comm) - acting for judgment creditor of a State in successfully obtaining an order for cross-examination where the respondent's activities were found to be mixed up in judgment evasion by the State.

Kensington International Limited v Republic of Congo/Vitol Services Limited [2006] EWHC 1712 (Comm) - acted for judgment creditor of the Congo in successfully establishing that foreign execution proceedings are sufficient to grant interim relief under s25 CJJA 1982).

FG Hemisphere v Republic of Congo/Kensington International [2005] EWHC 3103 (Comm), Times 26 February 2006 - acted for judgment creditor of State in enforcing priority obtained through third party debt order and on court's discretion to reopen judgment once delivered; successfully defended judgment creditor's priority.

Kensington International Limited v Glencore Energy/the Republic of the Congo [2005] EWHC 2684 (Comm) - successfully piercing the corporate veil of a series of offshore companies on the basis of fraud to enforce judgments in England and, subsequently, Bermuda. Themilodomi v Kleinwort Benson (2005) - successfully defended Kleinwort Benson against a claim relating to monies allegedly paid without authority.

Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2004] All ER (D) 76; [2004] EWHC 1015 (Ch) - successfully represented Morgan Grenfell at trial in a case which held that proper construction of letter of indemnity as applied to the Deutsche Bank group.

Kensington International Limited v Republic of Congo [2003] EWCA Civ 709 - successfully acting for State creditor in one of the rare English cases to consider the meaning of the widely used pari passu clause in international loan agreements).

Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2003] EWHC 333 Successfully acting for Morgan Grenfell in a case which decided whether a director Tom Walkinshaw was personally liable on his indemnity on the collapse of the Arrows Formula One team.

National Bank of Egypt International Ltd v Oman Housing Bank [2003] 1 All ER (Comm) 246 Acting for National Bank of Egypt in a case which decided whether bank liable to make restitution of unauthorised payments.

ISTIL Group Inc v Zahoor [2003] EWHC 165 - alleged fraud on international trading group.

CF Partners v Barclays Bank Plc (2011-current) - Ewan led the team of counsel (including David Quest QC) defending Barclays investment banking arm against allegations of breach of confidence and breach of contract in relation to an M&A deal in the carbon credit sector. The opposition was led by Tim Lord QC. The case featured in The Lawyer's top cases for 2013 and has been reported in the financial, business and legal press. The press is particularly interested in the allegation that Barclays stole a client's confidential deal for itself in order to purchase Tricorona, a Swedish carbon trading company. The case reached trial in Summer 2013 and lasted 10 weeks before Hildyard J. Ewan undertook extensive cross-examination of numerous witnesses of fact and experts in the fields of carbon credits and finance and made multiple sets of submissions during the course of the case. Judgment is currently reserved.

Quarry Hill Investments Limited v Robert Hersov (2013-current) - Acting for the liquidators (partners in KPMG) of this insolvent business of global tycoon Robert Hersov pursuing claims against him in misfeasance, breach of duty and wrongful trading in relation to more than €250 million of liabilities incurred in share dealings in the German electronics, communications and technology sector.

Asegaai Consultants Ltd v Mistry EWHC 1899 (Ch) - Landmark decision against fraudulent insolvency practitioners. Successfully acted for successor liquidators in obtaining 12-year disqualification order after trial against corrupt insolvency practitioner. Unprecedented application by successor liquidators.

Strategic Value Master Fund v Ideal Standard International [2011] EWHC 171 Key decision on the interpretation of standard syndicated loan facility documentation in relation to events of default, equity cures, notices of acceleration and waiver provisions.

Excalibur Funding Plc v Lehman Brothers International (Europe) Limited (2010-2011) - acted for the issuer of financial instruments against Lehman (in administration) over one of Lehman's largest outstanding positions (€722m), seeking to set a precedent that Lehman transfer its noteholding following its insolvency.

Bloomsbury International Ltd v Holyoake and otrs [2010] EWHC 1150 (Ch) acted for administrators of British Seafoods in an alleged £210m banking fraud (referenced in the press as the "Madoff of the fishing industry"). Obtained and retained freezing orders, search orders and passport seizure orders. Clarified the law on the requirements of administrators to support cross undertakings and provided important guidance on conflicts of interests relating to accountants accepting insolvency appointments which may involve them suing former clients.

Ahmad Hamad Algosaibi and Brothers Company v Al Sanea and others FSD 54 (2009-current) - Ewan continues to lead the counsel team for the Algosaibi family of Saudi Arabia (AHAB) in a US$10 billion fraud claim against multiple parties including Maan Al Sanea (rated by Forbes magazine as one of the world's richest individuals), the Saad group of companies formerly under his control in the Cayman Islands and multiple banks alleging that credit was obtained using the Algosaibi name. Multiple hearings over the past few years at first instance and on appeal in the Grand Court of the Cayman Islands and the Cayman Islands Court of Appeal, including a successful judgment in excess of US$2billion against Maan Al Sanea and successfully resisting attempts by multiple parties to strike out claims in the Cayman action. Trial is due in 2015.

Kevin So v HSBC Bank Plc and Lucy Lu [2009] EWCA Civ 296 - Successfully defended HSBC on appeal on 5th Avenue Partners bank fraud. The nine week trial is reported at [2007] EWHC 2819 (Comm) - a fraud by the Liberal Democrat's biggest donor Michael Brown induced investors to pay monies into accounts opened at HSBC, Walker J found after nine week trial that the bank was not liable in claims in contract, dishonest assistance or negligence.

Alphasteel Ltd v Shirkhani and otrs [2009] EWHC 2153 (trial due 2011) - successfully defended freezing and disclosure orders against allegations of non-disclosure and misrepresentation in banking fraud claim.

Halabi v Kaupthing Singer & Friedlander (2009) - acted for Kaupthing (in administration) enforcing claims in relation to property development and investment lending.

Gallaher International Limited v Tlais Enterprises Limited (2006) - wide ranging litigation relating to alleged tobacco smuggling into the EU.

Guy Hands v Morrison Construction Services Ltd (16 June 2006 Lawtel No. AC9100910), Ch Div - successfully obtained wide ranging pre-action disclosure order in favour of Guy Hands in relation to lost investment in Rockingham speedway.

Langbar International Limited (2005-2006) - advised in relation to missing assets and potential claims and asset recovery by AIM listed vehicle.

Arquebus Ltd v Caledonian Trust Co (2004-2006) - defended Isle of Man trust company against allegations of involvement in failed offshore investment fund.

Queen's Moat Houses v Capita IRG Trustees Ltd [2004] EWHC 868 (Ch) - successfully argued that QMH entitled to withdraw hotel property from debenture security.

Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2004] All ER (D) 76; [2004] EWHC 1015 (Ch) - successfully represented Morgan Grenfell at trial in a case which held that proper construction of letter of indemnity as applied to the Deutsche Bank group.

Racy v Hawila [2004] EWCA Civ 209; [2003] All ER (D) 208 - concurrent proceedings in respect of similar subject matter successfully stayed on case management grounds; case management decision upheld by Court of Appeal.

Istil Group v Zahoor [2004] All ER (D) 192 - whether court's jurisdiction in relation to non-party costs order restricted by previous consent order.

Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2003] EWHC 333 Successfully acting for Morgan Grenfell in a case which decided whether a director Tom Walkinshaw was personally liable on his indemnity on the collapse of the Arrows Formula One team.

ISTIL Group Inc v Zahoor [2003] EWHC 165 - alleged fraud on international trading group.

Fortress Value Recovery Fund & Others v Blue Skye Special Opportunities Fund & Others (2010-2014) Ewan led the four-strong counsel team (including David Quest QC) acting for the claimant, a major US hedge fund, in a claim against 22 defendants, represented by three separate teams of eight counsel in total, that its English-based investment structure was reorganized in violation of its rights and prejudicing its debt and equity interests. At its core, the case is a novel and complex fraud. Ewan was successful in maintaining an essential interim freezing order and was successful in a number of further important interlocutory disputes through 2012 and into 2013, most notably the important and novel interlocutory decision of Blair J at [2012] EWHC 1486 (against Tim Lord QC), upheld by the Court of Appeal (against Mark Hapgood QC) at [2013] EWCA Civ 367, on the circumstances in which a third party may (or may not) take advantage of an arbitration agreement under the Contracts (Right of Third Parties) Act 1999 - a decision which has been a welcome clarification to the law in relation to the interplay between the 1999 Act and the Arbitration Act 1996. Ewan was also successful (against multiple defendant counsel teams) in resisting a series of interlocutory applications on jurisdiction and merits before Flaux J in January 2013 ([2013] EWHC 14 (Comm)) and successfully argued for a far reaching application of the doctrine of collateral waiver in obtaining an extensive order for the disclosure of privileged material before Cooke J in February 2014 (against Mark Hapgood QC)[2014] EWHC 1052. Ewan also successfully resisted applications by multiple defendants to use funds from the investment structure to meet legal costs on the basis that this would conflict with the purpose of the freezing order [2014] EWHC 551 (Comm), Andrew Smith J (against Mark Hapgood QC). The case settled shortly before trial (due to last 10 weeks in Summer 2014).

Diorite Securities Ltd v Arvind Tiku (2011-2013) - acted for Indian tycoon Arvind Tiku defending allegations of fraud and conspiracy in relation to the takeover of oil and gas interests in Kazakhstan and his dealings with Lakshmi Mittal. The case settled shortly before the trial due to be heard in December 2013-January 2014.

Terra Firma v Citibank (2010 - current) - Ewan continues to act for Citibank as expert witness of English banking and financial law in its defence of Terra Firma's (Guy Hands') US$7 billion damages claim for alleged fraud and negligence in the acquisition of the EMI music group in 2007. The claim was dismissed at trial in the District Court but a retrial has been ordered by the US Court of Appeals.

Asegaai Consultants Ltd v Mistry EWHC 1899 (Ch) - Landmark decision against fraudulent insolvency practitioners. Successfully acted for successor liquidators in obtaining 12-year disqualification order after trial against corrupt insolvency practitioner. Unprecedented application by successor liquidators.

Ahmad Hamad Algosaibi and Brothers Company v Al Sanea and others FSD 54 (2009-current) - Ewan continues to lead the counsel team for the Algosaibi family of Saudi Arabia (AHAB) in a US$10 billion fraud claim against multiple parties including Maan Al Sanea (rated by Forbes magazine as one of the world's richest individuals), the Saad group of companies formerly under his control in the Cayman Islands and multiple banks alleging that credit was obtained using the Algosaibi name. Multiple hearings over the past few years at first instance and on appeal in the Grand Court of the Cayman Islands and the Cayman Islands Court of Appeal, including a successful judgment in excess of US$2billion against Maan Al Sanea and successfully resisting attempts by multiple parties to strike out claims in the Cayman action. Trial is due in 2015.

NML Capital Ltd v The Republic of Argentina (2011-current) - Acting and advising creditors of the Republic of Argentina in relation to its attempts to avoid payments under multiple syndicated loan facilities and under US and English judgments. Unprecedented order enforcing creditors' interpretation of the widely used pari passu clause in sovereign bond agreements by way of injunction - upheld by the Second Circuit Court of Appeals in New York and subsequently upheld in 2014 by the US Supreme Court. Bloomsbury International Ltd v Holyoake and otrs [2010] EWHC 1150 (Ch) acted for administrators of British Seafoods in an alleged £210m banking fraud (referenced in the press as the "Madoff of the fishing industry"). Obtained and retained freezing orders, search orders and passport seizure orders. Clarified the law on the requirements of administrators to support cross undertakings and provided important guidance on conflicts of interests relating to accountants accepting insolvency appointments which may involve them suing former clients.

HJ Heinz Co Ltd v EFL Inc [2010] EWHC 1203 (Comm) - acted for Heinz food company in Commercial Court proceedings in successfully resisting enforcement of Hungarian Arbitration award on grounds of public policy. Fresh evidence of fraud available and issue not previously determined in Hungary.

Kevin So v HSBC Bank Plc and Lucy Lu [2009] EWCA Civ 296 - Successfully defended HSBC on appeal on 5th Avenue Partners bank fraud. The nine week trial is reported at [2007] EWHC 2819 (Comm) - a fraud by the Liberal Democrat's biggest donor Michael Brown induced investors to pay monies into accounts opened at HSBC, Walker J found after nine week trial that the bank was not liable in claims in contract, dishonest assistance or negligence.

Alphasteel Ltd v Shirkhani and otrs [2009] EWHC 2153 (trial due 2011) - successfully defended freezing and disclosure orders against allegations of non-disclosure and misrepresentation in banking fraud claim.

ICC Arbitration, trial in February 2009, appeared for Icelandic investors in Bulgarian banks in dispute over secret commissions and disbursement of sale proceeds.

Appeared for hedge funds in an arbitration claim against administrators for alleged mispricing of securities and misstatement of the NAV (net asset value).

Uzinterimpex JSC v Standard Bank Plc [2007] 2 Lloyds Rep 187; [2007] EWHC 1151 (Comm) - successfully defending Standard Bank at trial against claims that an advance payment guarantee had been fraudulently called, and against claims of double payment.

Kensington International Ltd v Republic of Congo/Ikechukwu Nwobodo [2006] All ER (D) 274; [2006] EWHC 1848 (Comm) - novel order for cross-examination successfully obtained where respondent mixed up in judgment evasion).

Kensington International Limited v Republic of Congo/Vitol Services Limited [2006] EWHC 1712 (Comm) - acted for judgment creditor of the Congo in successfully establishing that foreign execution proceedings are sufficient to grant interim relief under s25 CJJA 1982).

Langbar International Limited (2005-2006) - advised in relation to missing assets and potential claims and asset recovery by AIM listed vehicle.

FG Hemisphere v Republic of Congo/Kensington International [2005] EWHC 3103 (Comm), Times 26 February 2006 - acted for judgment creditor of State in enforcing priority obtained through third party debt order and on court's discretion to reopen judgment once delivered; successfully defended judgment creditor's priority.

Kensington International Limited v Glencore Energy/the Republic of the Congo [2005] EWHC 2684 (Comm) - successfully piercing the corporate veil of a series of offshore companies on the basis of fraud to enforce judgments in England and, subsequently, Bermuda.

Arquebus Ltd v Caledonian Trust Co (2004-2006) - defended Isle of Man trust company against allegations of involvement in failed offshore investment fund.

Societa Finanzaria Insustrie SpA v Lefebvre [2004] All ER (D) 97 - worldwide freezing order in support of Italian proceedings successfully discharged on grounds of inexpediency under s25 of the CJJA 1982.

Kensington International Limited v Republic of Congo [2003] EWCA Civ 709 - successfully acting for State creditor in one of the rare English cases to consider the meaning of the widely used pari passu clause in international loan agreements).

CF Partners v Barclays Bank Plc (2011-current) - Ewan led the team of counsel (including David Quest QC) defending Barclays investment banking arm against allegations of breach of confidence and breach of contract in relation to an M&A deal in the carbon credit sector. The opposition was led by Tim Lord QC. The case featured in The Lawyer's top cases for 2013 and has been reported in the financial, business and legal press. The press is particularly interested in the allegation that Barclays stole a client's confidential deal for itself in order to purchase Tricorona, a Swedish carbon trading company. The case reached trial in Summer 2013 and lasted 10 weeks before Hildyard J. Ewan undertook extensive cross-examination of numerous witnesses of fact and experts in the fields of carbon credits and finance and made multiple sets of submissions during the course of the case. Judgment is currently reserved.

Fortress Value Recovery Fund & Others v Blue Skye Special Opportunities Fund & Others (2010-2014) Ewan led the four-strong counsel team (including David Quest QC) acting for the claimant, a major US hedge fund, in a claim against 22 defendants, represented by three separate teams of eight counsel in total, that its English-based investment structure was reorganized in violation of its rights and prejudicing its debt and equity interests. At its core, the case is a novel and complex fraud. Ewan was successful in maintaining an essential interim freezing order and was successful in a number of further important interlocutory disputes through 2012 and into 2013, most notably the important and novel interlocutory decision of Blair J at [2012] EWHC 1486 (against Tim Lord QC), upheld by the Court of Appeal (against Mark Hapgood QC) at [2013] EWCA Civ 367, on the circumstances in which a third party may (or may not) take advantage of an arbitration agreement under the Contracts (Right of Third Parties) Act 1999 - a decision which has been a welcome clarification to the law in relation to the interplay between the 1999 Act and the Arbitration Act 1996. Ewan was also successful (against multiple defendant counsel teams) in resisting a series of interlocutory applications on jurisdiction and merits before Flaux J in January 2013 ([2013] EWHC 14 (Comm)) and successfully argued for a far reaching application of the doctrine of collateral waiver in obtaining an extensive order for the disclosure of privileged material before Cooke J in February 2014 (against Mark Hapgood QC)[2014] EWHC 1052. Ewan also successfully resisted applications by multiple defendants to use funds from the investment structure to meet legal costs on the basis that this would conflict with the purpose of the freezing order [2014] EWHC 551 (Comm), Andrew Smith J (against Mark Hapgood QC). The case settled shortly before trial (due to last 10 weeks in Summer 2014).

Glitnir HF v Toronto Dominion Bank (2012-2014) - Ewan led the counsel team acting for Glitnir, an Icelandic bank which failed in the financial crisis and is currently subject to Icelandic winding-up proceedings, in dispute against Toronto Dominion Bank over the interpretation and application of close-out provisions in the ISDA Master Agreement and over the close-out valuation of swap positions. Issues included how the market turmoil in late 2008 affected valuations, how to value a currency in crisis, how the principles of "clean" and "dirty" valuations are to be applied and how the non-defaulting party's obligation to act in good faith is to be interpreted. Given that thousands of ISDA swap transactions were terminated during the global financial crisis, the case was topical and raised crucial issues of intense interest to financial institutions in the swaps market. The case settled before trial due in 2014. The case also follows a trend of cases on the interpretation of ISDA Master Agreement provisions, an area in which Ewan has previously secured a decision favourable to his client (BNP Paribas v Wockhardt EU Operations (Swiss) AG [2009] EWHC 3116 (Comm)).

Trebuchet Finance Ltd v Merrill Lynch International Bank Ltd (2011-2013) - Ewan led the counsel team acting for major investment bank Merrill Lynch/Bank of America in a landmark claim brought by a dissatisfied professional investor relating to a 2006 securitisation of sub-prime UK residential mortgages. The case raised important issues relating to the regulation and underwriting of sub-prime mortgages, the impact of the 2008 financial crisis on investments in sub-prime-related securities and the valuation of continuing investments in sub-prime securities. There has been a spate of litigation over such issues in the US but this was one of the first cases of its kind to emerge in England and would have had an effect on a wide range of security investments. The case settled in 2013.

Salford Capital Partners Inc v Krys and Greenwood (2014) - Advising and acting for the liquidating trustees of the BVI based Value Discovery Fund, holding assets alleged to derive from Boris Berezovsky; issues relate to partners' respective rights and interests in the fund and challenges to the procedure and substance of valuations and distributions of fund assets.

Citicorp International Limited v Shiv-Vani Oil and Gas (2014) - Ewan acted on behalf of the trustee of a multi-million dollar bond issue by Indian industrial Shiv-Vani to enforce judgment in the face of applications to stay on jurisdiction and case management grounds jurisdiction. Summary judgment awarded despite defences alleging illegality under Indian law and lack of approval from the Reserve Bank of India and anti-suit injunction restraining Indian winding up proceedings refused [2014] EWHC 245 (Comm).

Terra Firma v Citibank (2010 - current) - Ewan continues to act for Citibank as expert witness of English banking and financial law in its defence of Terra Firma's (Guy Hands') US$7 billion damages claim for alleged fraud and negligence in the acquisition of the EMI music group in 2007. The claim was dismissed at trial in the District Court but a retrial has been ordered by the US Court of Appeals.

Ahmad Hamad Algosaibi and Brothers Company v Al Sanea and others FSD 54 (2009-current) - Ewan continues to lead the counsel team for the Algosaibi family of Saudi Arabia (AHAB) in a US$10 billion fraud claim against multiple parties including Maan Al Sanea (rated by Forbes magazine as one of the world's richest individuals), the Saad group of companies formerly under his control in the Cayman Islands and multiple banks alleging that credit was obtained using the Algosaibi name. Multiple hearings over the past few years at first instance and on appeal in the Grand Court of the Cayman Islands and the Cayman Islands Court of Appeal, including a successful judgment in excess of US$2billion against Maan Al Sanea and successfully resisting attempts by multiple parties to strike out claims in the Cayman action. Trial is due in 2015.

NML Capital Ltd v The Republic of Argentina (2011-current) - Acting and advising creditors of the Republic of Argentina in relation to its attempts to avoid payments under multiple syndicated loan facilities and under US and English judgments. Unprecedented order enforcing creditors' interpretation of the widely used pari passu clause in sovereign bond agreements by way of injunction - upheld by the Second Circuit Court of Appeals in New York and subsequently upheld in 2014 by the US Supreme Court.

Elliott VIN BV v Vietnam Shipbuilding Industry Group (2011-2012) - Acted for major US hedge fund enforcing sovereign debt claim against Vietnamese state entity, raised important issues of interpretation of LMA (Loan Market Association) standard documentation as to the effectiveness of assignments of loan participations, direct rights of action and recovery sharing.

Strategic Value Master Fund v Ideal Standard International [2011] EWHC 171 Key decision on the interpretation of standard syndicated loan facility documentation in relation to events of default, equity cures, notices of acceleration and waiver provisions.

KfW Bank v Euroclear Bank (2010-2011) Defending Euroclear bank against allegations that it negligently failed to accept collateral posted by Lehman shortly before its collapse. Raised the novel issue of whether a bank providing collateral management services can be liable for Lehman-related losses where there was a delay in accepting collateral.

Excalibur Funding Plc v Lehman Brothers International (Europe) Limited (2010-2011) - acted for the issuer of financial instruments against Lehman (in administration) over one of Lehman's largest outstanding positions (€722m), seeking to set a precedent that Lehman transfer its noteholding following its insolvency.

BNP Paribas v Wockhardt EU Operations [2009] EWHC 3116 (Comm) Successfully represented BNP Paribas in an important decision on the meaning and effect of standard ISDA swaps terms, to the effect that termination and close out provisions are not void as constituting a penalty, on the application of the close out provisions under the 2002 ISDA and on early court disposal of swaps mis-selling allegations.

Kevin So v HSBC Bank Plc and Lucy Lu [2009] EWCA Civ 296 - Successfully defended HSBC on appeal on 5th Avenue Partners bank fraud. The nine week trial is reported at [2007] EWHC 2819 (Comm) - a fraud by the Liberal Democrat's biggest donor Michael Brown induced investors to pay monies into accounts opened at HSBC, Walker J found after nine week trial that the bank was not liable in claims in contract, dishonest assistance or negligence.

Bloomsbury International Ltd v Holyoake and otrs [2010] EWHC 1150 (Ch) acted for administrators of British Seafoods in an alleged £210m banking fraud (referenced in the press as the "Madoff of the fishing industry"). Obtained and retained freezing orders, search orders and passport seizure orders. Clarified the law on the requirements of administrators to support cross undertakings and provided important guidance on conflicts of interests relating to accountants accepting insolvency appointments which may involve them suing former clients.

HJ Heinz Co Ltd v EFL Inc [2010] EWHC 1203 (Comm) - acted for Heinz food company in Commercial Court proceedings in successfully resisting enforcement of Hungarian Arbitration award on grounds of public policy. Fresh evidence of fraud available and issue not previously determined in Hungary.

LCIA arbitration, four week trial in May-June 2009, appeared for offshore hedge funds in an arbitration claim against administrators for alleged mispricing of securities and derivatives and misstatement of the NAV (net asset value).

Alphasteel Ltd v Shirkhani and otrs [2009] EWHC 2153 (trial due 2011) - successfully defended freezing and disclosure orders against allegations of non-disclosure and misrepresentation in banking fraud claim.

Lyons v HSBC Private Bank (UK) Ltd (2009-2010) - Defended HSBC against allegations of mis-selling investments in AIG in the lead up to the financial crisis.

ICC Arbitration, trial in February 2009, appeared for Icelandic investors in Bulgarian banks in dispute over secret commissions and disbursement of sale proceeds.

Automotive Latch Systems Ltd v Honeywell International Inc [2008] All ER (D) 13 Oct; [2008] EWHC 2171 (Comm) - successfully defended Honeywell through 12-week trial against £3.5 billion claim relating to failed automotive development project; [2006] EWHC 2340 (Comm) - security for costs against start-up company justified when pursuing serious and major commercial litigation.

Uzinterimpex JSC v Standard Bank Plc [2007] 2 Lloyds Rep 187; [2007] EWHC 1151 (Comm) - successfully defending Standard Bank at trial against claims that an advance payment guarantee had been fraudulently called, and against claims of double payment. Appeared in arbitration proceedings relating to oil and gas concessions off West Africa. (2006)

Haller v Deutsche Bank (2005-2007) - defended Deutsche Bank against claim alleging entitlement to purchase distressed asset trading portfolio, settled 2007.

Kensington International Ltd v Republic of Congo/Ikechukwu Nwobodo [2006] All ER (D) 274; [2006] EWHC 1848 (Comm) - acting for judgment creditor of a State in successfully obtaining an order for cross-examination where the respondent's activities were found to be mixed up in judgment evasion by the State.

Gallaher International Limited v Tlais Enterprises Limited (2006) - wide ranging litigation relating to alleged tobacco smuggling into the EU.

Guy Hands v Morrison Construction Services Ltd (16 June 2006 Lawtel No. AC9100910), Ch Div - successfully obtained wide ranging pre-action disclosure order in favour of Guy Hands in relation to lost investment in Rockingham speedway.

Kensington International Limited v Republic of Congo/Vitol Services Limited [2006] EWHC 1712 (Comm) - acted for judgment creditor of the Congo in successfully establishing that foreign execution proceedings are sufficient to grant interim relief under s25 CJJA 1982).

FG Hemisphere v Republic of Congo/Kensington International [2005] EWHC 3103 (Comm), Times 26 February 2006 - acted for judgment creditor of State in enforcing priority obtained through third party debt order and on court's discretion to reopen judgment once delivered; successfully defended judgment creditor's priority.

Kensington International Limited v Glencore Energy/the Republic of the Congo [2005] EWHC 2684 (Comm) - successfully piercing the corporate veil of a series of offshore companies on the basis of fraud to enforce judgments in England and, subsequently, Bermuda.

Themilodomi v Kleinwort Benson (2005) - successfully defended Kleinwort Benson against a claim relating to monies allegedly paid without authority.

Societa Finanzaria Insustrie SpA v Lefebvre [2004] All ER (D) 97 - worldwide freezing order in support of Italian proceedings successfully discharged on grounds of inexpediency under s25 of the CJJA 1982.

Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2004] All ER (D) 76; [2004] EWHC 1015 (Ch) - successfully represented Morgan Grenfell at trial in a case which held that proper construction of letter of indemnity as applied to the Deutsche Bank group.

Kensington International Limited v Republic of Congo [2003] EWCA Civ 709 - successfully acting for State creditor in one of the rare English cases to consider the meaning of the widely used pari passu clause in international loan agreements).

Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2003] EWHC 333 Successfully acting for Morgan Grenfell in a case which decided whether a director Tom Walkinshaw was personally liable on his indemnity on the collapse of the Arrows Formula One team.

National Bank of Egypt International Ltd v Oman Housing Bank [2003] 1 All ER (Comm) 246 Acting for National Bank of Egypt in a case which decided whether bank liable to make restitution of unauthorised payments.

Commerzbank AG v Morgan Stanley Capital (2003) - claim over disputed derivatives transaction.

Glitnir HF v Toronto Dominion Bank (2012-2014) - Ewan led the counsel team acting for Glitnir, an Icelandic bank which failed in the financial crisis and is currently subject to Icelandic winding-up proceedings, in dispute against Toronto Dominion Bank over the interpretation and application of close-out provisions in the ISDA Master Agreement and over the close-out valuation of swap positions. Issues included how the market turmoil in late 2008 affected valuations, how to value a currency in crisis, how the principles of "clean" and "dirty" valuations are to be applied and how the non-defaulting party's obligation to act in good faith is to be interpreted. Given that thousands of ISDA swap transactions were terminated during the global financial crisis, the case was topical and raised crucial issues of intense interest to financial institutions in the swaps market. The case settled before trial due in 2014. The case also follows a trend of cases on the interpretation of ISDA Master Agreement provisions, an area in which Ewan has previously secured a decision favourable to his client (BNP Paribas v Wockhardt EU Operations (Swiss) AG [2009] EWHC 3116 (Comm)).

Fortress Value Recovery Fund & Others v Blue Skye Special Opportunities Fund & Others (2010-2014) Ewan led the four-strong counsel team (including David Quest QC) acting for the claimant, a major US hedge fund, in a claim against 22 defendants, represented by three separate teams of eight counsel in total, that its English-based investment structure was reorganized in violation of its rights and prejudicing its debt and equity interests. At its core, the case is a novel and complex fraud. Ewan was successful in multiple interlocutory applications including the important ruling of Flaux J in January 2013 ([2013] EWHC 14 (Comm)) relating to the operation of s423 claims in fraud of creditors and the circumstances in which it may be invoked in a complex fraud case.

Primeo/Herald Funds and Pioneer Alternative Investment Management (2013-2014). Advising the Unicredit Group (including Pioneer) in relation to attempts made to wind up the Herald Fund in the Cayman Islands and in relation to proceedings in the US brought by the Madoff trustee in bankruptcy. The case is part of wider litigation in the Cayman Islands and the USA resulting from the collapse into insolvency of Bernard Madoff's New York investment advisory business and his subsequent imprisonment. This aspect centres on the issue control over Cayman Islands funds which invested heavily in and received monies from the Madoff group and which are the target of recovery actions by the US trustee in bankruptcy.

In recent years Ewan has advised and acted on various high-end corporate and debt restructurings and administrations including the complex billion-pound restructuring of the NHP Group (care homes), Carl Zeiss group, Four Seasons Hotels, Southern Cross Healthcare, Endemol group (entertainment) and Cattles Plc (UK's largest sub-prime lender).

Citicorp International Limited v Shiv-Vani Oil and Gas (2014) - Ewan acted on behalf of the trustee of a multi-million dollar bond issue by Indian industrial Shiv-Vani to enforce judgment in the face of applications to stay on jurisdiction and case management grounds jurisdiction. Summary judgment awarded despite defences alleging illegality under Indian law and lack of approval from the Reserve Bank of India and anti-suit injunction restraining Indian winding up proceedings refused [2014] EWHC 245 (Comm).

Quarry Hill Investments Limited v Robert Hersov (2013-current) - Acting for the liquidators (partners in KPMG) of this insolvent business of global tycoon Robert Hersov pursuing claims against him in misfeasance, breach of duty and wrongful trading in relation to more than €250 million of liabilities incurred in share dealings in the German electronics, communications and technology sector.

Asegaai Consultants Ltd v Mistry EWHC 1899 (Ch) - Landmark decision against fraudulent insolvency practitioners. Successfully acted for successor liquidators in obtaining 12-year disqualification order after trial against corrupt insolvency practitioner. Unprecedented application by successor liquidators.

Excalibur Funding Plc v Lehman Brothers International (Europe) Limited (2010-2011) - acted for the issuer of financial instruments against Lehman (in administration) over one of Lehman's largest outstanding positions (€722m), seeking to set a precedent that Lehman transfer its noteholding following its insolvency.

Bloomsbury International Ltd v Holyoake and otrs [2010] EWHC 1150 (Ch) acted for administrators of British Seafoods in an alleged £210m banking fraud (referenced in the press as the "Madoff of the fishing industry"). Obtained and retained freezing orders, search orders and passport seizure orders. Clarified the law on the requirements of administrators to support cross undertakings and provided important guidance on conflicts of interests relating to accountants accepting insolvency appointments which may involve them suing former clients.

Tower Gate Developments v Kaupthing Singer & Friedlander (2010-2011) - acted for the administrators of the Icelandic-owned bank Kaupthing in defending allegations that the bank was de facto insolvent many months before its administration and as a result in breach of multiple obligations to customers and misrepresentation.

Halabi v Kaupthing Singer & Friedlander (2009) - acted for Kaupthing (in administration) enforcing claims in relation to property development and investment lending.

Advised Bank of England in relation to remedies available on collapse of Icelandic banks.

Advising and acting for prime brokerage clients of Lehman Brothers on implications of its administration (2008-2009).

Cambridge Gas Transpor Corporation v Official Committee of Creditors of Navigator Holdings [2006] UKPC 26; [2006] 3 All ER 829 - successfully represented Official Committee of Creditors of Navigator Group in obtaining landmark Privy Council decision approving implementation of US Chapter 11 Plan of reorganisation under common law principles.

Eurotunnel Group (2005-2006) - advised in relation to negotiations for restructuring of multi-billion £ debt of Eurotunnel Group.

Teesside Power Limited v Enron Capital & Trade (2005) - acted for energy company in dispute over the effect of Enron's US Chapter 11 Plan on English energy contracts.

Arquebus Ltd v Caledonian Trust Co (2004-2006) - defended Isle of Man trust company against allegations of involvement in failed offshore investment fund.

Queen's Moat Houses v Capita IRG Trustees Ltd [2004] EWHC 868 (Ch) - successfully argued that QMH entitled to withdraw hotel property from debenture security.

Morris and others v Bank of America (2003) - representing liquidators of BCCI in fraudulent trading claim against Bank of America, settled 2004.

Re Namco UK Ltd [2003] BCLC 78 - COMI considered for purposes of appointment of provisional liquidators.

Re Trading Partners Ltd, Akers v Lomas [2002] 1 BCLC 655, [2002] BPIR 606 - English receivers obliged to make disclosure to foreign liquidators.

Fortress Value Recovery Fund & Others v Blue Skye Special Opportunities Fund & Others (2010-2014) Ewan led the four-strong counsel team (including David Quest QC) acting for the claimant, a major US hedge fund, in a claim against 22 defendants, represented by three separate teams of eight counsel in total, that its English-based investment structure was reorganized in violation of its rights and prejudicing its debt and equity interests. At its core, the case is a novel and complex fraud. Ewan was successful in a number of important interlocutory disputes through 2012 and into 2013, most notably the important and novel interlocutory decision of Blair J at [2012] EWHC 1486 (against Tim Lord QC), upheld by the Court of Appeal (against Mark Hapgood QC) at [2013] EWCA Civ 367, on the circumstances in which a third party may (or may not) take advantage of an arbitration agreement under the Contracts (Right of Third Parties) Act 1999 - a decision which has been a welcome clarification to the law in relation to the interplay between the 1999 Act and the Arbitration Act 1996.

HJ Heinz Co Ltd v EFL Inc [2010] EWHC 1203 (Comm) - acted for Heinz food company in Commercial Court proceedings in successfully resisting enforcement of Hungarian Arbitration award on grounds of public policy. Fresh evidence of fraud available and issue not previously determined in Hungary.

LCIA arbitration, four week trial in May-June 2009, appeared for offshore hedge funds in an arbitration claim against administrators for alleged mispricing of securities and derivatives and misstatement of the NAV (net asset value).

ICC Arbitration, trial in February 2009, appeared for Icelandic investors in Bulgarian banks in dispute over secret commissions and disbursement of sale proceeds.

Appeared in arbitration proceedings relating to oil and gas concessions off West Africa. (2006)

In 2012 Ewan was appointed as a board director of the Masters Degree in Corporate Law (MCL) at Cambridge University, the University's innovative post-graduate degree for those wishing to practice as commercial lawyers. The degree seeks to combine practical legal insights with academic and theoretical rigour. He is the only barrister on the board. His role involves giving seminars to graduates and he is involved in creating and shaping the degree course.

JJ Powell Prize Winner

Harmsworth Scholar

Lloyd Jacob Prize Winner

Baron Dr C Ver Heyden de Lancey Open Award Winner

Chambers 2014, Legal 500 2015 and Legal 500 2014 include the following praise for Ewan.

‘[Ewan] has a very sharp mind coupled with excellent client handling skills.’

‘The sort of silk you don’t have to be nervous about introducing to clients.’

‘[Ewan] has an amazing ability to reduce complex factual issues into a clear argument.’

"A terrific advocate, he's very nice to work with and particularly good at handling difficult cross-examinations."

"One of the sharpest and best advocates."

"An incredibly thorough silk. He is incredibly tenacious and someone who just instils utter confidence."

"[Ewan] makes difficult advocacy look easy."

"Our silk of choice for complex financial and insolvency matters. He is very thoughtful and considered. He's a strong team player and an unbelievably good advocate who does not shy away from difficult points."

"An excellent leader, he is a compelling advocate and a good team player. He has an easy manner and pitches the case to the court in just the right way."

""[Ewan] ascends to the top tier of the tables after receiving an outstanding level of praise from interviewees. His areas of expertise include disputes involving components of fraud and insolvency."

"[Ewan] has an enviably strong practice that takes in commercial disputes in the banking arena as well as complex insolvency work".

"[Ewan] has an established presence in the banking arena and regularly receives instructions from magic circle firms. Other counsel acknowledge him to be a formidable opponent".

"[Ewan] is regularly called upon to advise defendants and claimants in cases involving significant allegations of fraud. Sources praise his ability to judge the mood of the court and present his case in a strategic way".

"A noted chancery commercial practitioner who can turn his hand to all manner of business-related disputes. He frequently receives instructions from leading law firms in the Cayman Islands and Dubai".

"Excellent at banking and finance insolvency-related cases, and very good at corporate restructuring matters. He is a skilled offshore advocate".

 

Member of the Insolvency Lawyers Association (ILA).

Member of the Association of Business Recovery Professionals (MABPR).

Member of The Times Law Panel.

Assistant editor of the Encyclopaedia of Banking Law (LexisNexis/Butterworths) 1985-2005.

Contributed articles to Butterworths' All England Legal Opinion and the Journal of International Banking and Financial Law.

Contributed to Bullen & Leake's Precedents of Pleadings.