Year of call: 1988
Silk: 2009
E: plowenstein@3vb.com

Email the Practice Managers:

SilksPMs@3vb.com

Paul Lowenstein QC is a leading commercial silk in domestic and international litigation.  Paul is cited as “‘An outstanding advocate who wades through the complexities making headline points.” in Legal 500 2015 and “an enormous talent; fastidious, focused and hugely energetic” in Legal 500 2014, also “a forceful advocate, who is completely committed to his cases.” He is listed as a Leading Silk in Chambers & Partners UK Guide 2016 and he is instructed for the 12 claimant major retailers in their competition damages claims against MasterCard and Visa, listed among The Lawyer newspaper’s Top 20 Cases of 2016.

A preeminent courtroom advocate, he is sought after for heavy trials, applications and forensic cross-examination. Paul’s key practice areas are: Commercial Dispute Resolution, Civil Fraud, Banking & Finance; Information Technology and Telecommunications; Professional Negligence and Media and Entertainment

Acknowledged as a team player and an expert strategist with a highly commercial approach, Paul is regularly asked to lead groups of barristers both within his core fields of practice and in diverse and specialist areas such as competition, privacy and family litigation

Paul is regularly instructed in international and domestic arbitration as well as to advise overseas lawyers and to give expert evidence on issues of English law and procedure arising in foreign proceedings. Paul is also a qualified mediator and an experienced mediation advocate.


“He is tough and decisive, and shows fantastic attention to detail.”

Chambers & Partners UK 2015

“Fastidious and a brilliant advocate.”

Legal 500 2016

Paul Lowenstein QC is instructed in high-profile, heavy or sensitive commercial disputes of all kinds, including in specialised jurisdictions. Particularly known for his strength of advocacy, strategic thinking and commercial approach, he has particular experience of commercial, multinational and fraud work, including: injunctions, freezing, search, imaging and Norwich Pharmacal orders and other interim remedies; asset tracing; enforcement action to secure the payment of domestic and foreign judgments and awards (including unpaid divorce settlements); applications for committal for contempt of court; conflict of laws international and domestic arbitration; letters of request; banking and other financial transactions; claims arising out of business and asset sale agreements; "boardroom bust-ups"; domestic and international trade disputes; commercial agency; claims concerning defective plant and machinery and property disputes. Paul has most recently led a specialist team of counsel in the competition damages trials brought in the Commercial Court by 12 major national retailers against MasterCard and Visa.

Recent and current cases include:

Enforcement of Russian arbitral award (2017) – advising in respect of a contested claim for the enforcement in England of a very substantial Russian arbitral award.

Misappropriation of business secrets claim against ‘Tech Giant’ (2017) – acting for an online tech company in respect of its claims against one of the largest ‘Tech Giants’ for alleged misappropriation of business secrets in the face of a non-disclosure agreement.

Business claims against a clearing bank and others (2017) – advising a group of individuals who make serious allegations including fraud against one of the big four UK clearing banks and others after the assets of their companies were ‘stripped’ and their business taken from them by allegedly dishonest officers of the Impaired Asset division of the Bank and by ‘turnaround’ consultants imposed on them by the Bank.

Retailers (Asda, Arcadia, Wm Morrison and others) v MasterCard  and  Retailers v Visa: Payment Card Interchange Fee Competition Damages Claims (2015-2017) (with Fergus Randolph QC, Christopher Brown, Max Schaefer and Hannah Glover) – Instructed as lead counsel for the 12 claimant groups, all well-known national retailers, in their separate Commercial Court competition damages actions worth hundreds of millions of pounds against MasterCard and Visa to recoup credit and debit card charges (Multilateral Interchange Fees) on the basis that the defendants operated alleged cartel arrangements in connection with their charging structures. The action against MasterCard was tried in the Commercial Court over 20 days in 2016: [2017] EWHC 93 (Comm). The claims against Visa settled in February 2017 after 33 days of trial. These actions were named amongst the ‘Top 20 Cases of 2016' and 2014 by The Lawyer newspaper and said to be the largest ever such claims launched in the English courts.

Kazakhstan Kagazy Plc v Zhunus and ors (2013-) (with David Head and Paul Wee) acting for the first defendant in an alleged £100 million corporate fraud claim said to have taken place in Kazakhstan; and in connection with associated claims. Jurisdiction, choice of law / foreign law, security for costs (judgment at [2015] EWHC 996 (Comm)) and other preliminary issues including successful resistance of application to amend to introduce proprietary claims (judgment at [2015] EWHC 117 (Comm)) and successful application for substantial interim payment on account of costs (judgment at [2015] EWHC 404 (Comm)). Non-molestation injunction. Security for costs, with issues over the enforceability of an English costs judgment in Kazakhstan. Further dispute between defendants regarding Contribution Notice and the right of a CN applicant to seek a Worldwide Freezing Order against a co-defendant (judgement at [2016] 4 WLR 86). Also acted in the related action: Alliance Bank JSC v Zhunus and ors (2014-15) (Commercial Court)

Globe Motors Inc. and another v TRW Lucas Varity Electrics Steering Ltd (2011-16) (Court of Appeal and Commercial Court) – (with Rajesh Pillai and – earlier – Richard Hanke) - represented the Claimant, a major US automotive parts manufacturer throughout the litigation and at the trial over approximately 11 weeks in spring and summer 2014 in its successful claim at trial against its UK customer for breach of a long-term exclusive agreement for the supply of electric motors for incorporation in power assisted steering units in cars arising out of when it sourced "second generation" electric motors for those systems from another supplier rather than from the Claimant. Issues of contractual construction and breach of contract and misrepresentation in the context of a long-term exclusive supply agreement. Detailed technical and expert evidence to explain the complex technology in the product. Decision reversed on a point of contractual construction. Interim decision at [2012] EWHC 3134 (QB). Trial judgment at [2014] EWHC 3718 (Comm). Quantum judgment at [2015] EWHC 553 (Comm). Appeal judgment at [2016] EWCA Civ 396

Integrated Global Card Payments IT Services: Earn-out and Warranty Dispute (2014-15) (with Adam Kramer) – acted for the sellers of a substantial hi-tech business which provided payment card processing solutions in connection with their claims against the buyers for unpaid earn-out payments, and in defence of threatened warranty cross-claims. Significant technical detail overlaying a complex contractual framework.

Ecotricity Group Ltd v Tesla Motors (2014) (Ch) – (with Nicholas Craig) - represented Tesla Motors, the respondent electric battery-powered volume car manufacturer in its defence of the claimant power supplier's claims for injunctions for alleged procurement of breach of contract and misuse of confidential information and counterclaims alleging breach of UK and European Competition Law

Tamara Ecclestone v Omar Khyami and ors (2013) (QBD – Dingemans J) (with Jeremy Reed and David Head) – represented Tamara Ecclestone at trial of this substantial action in a dispute that concerned claims and cross-claims in privacy, breach of confidence, non-molestation and the title to and damages flowing from the alleged conversion of a Lamborghini car. Successful restriction of the principal damages counterclaim from £6+ million originally claimed and from the £415,000+ asserted at trial to a judgment award of only £7,500. Trial judgment at [2014] EWHC 29 (QB)

S v S (2013) (Family Division) (with Katie Cowton) – acted for the creditor wife on the successful and speedy enforcement of a £14 million unpaid matrimonial finance consent order where the former husband, his assets and the family trusts were primarily based abroad

JSC BTA Bank v Soldochenko and others (the AAA Litigation) (2011-15) (Ch) - acting for Anatoly Ereschenko (17th Defendant) is his defence of claims in which he is alleged to have assisted in the facilitation of serious fraud said to have been suffered by the claimant Kazakh bank. Concurrent issues relating to Norwich Pharmacal disclosure obligations. Contested application to cross-examine regarding disclosure determined by Henderson J in April 2011 [2011] EWHC 843 (Ch). Extended interim cross-examination on Norwich Pharmacal disclosure in June and November 2011. Successful defence at trial before Vos J of contempt of court / committal proceedings in which the claimant bank alleged that Ereshchenko had lied in evidence given in response to the disclosure order and under cross-examination [2012] EWHC 1891 (Ch). Successful defence of the bank's appeal against Vos J's refusal to commit Mr Ereshchenko for contempt of court [2013] EWCA Civ 1961. Several further interim judgments on applications in committal proceedings including [2012] EWHC 550 (Henderson J) and LTL 3/5/2012 (x 2) (Peter Smith J)

Directories and the press:

"A fearless advocate who's very strategic, very user-friendly and very robust." "Razor-sharp and super-responsive, he's a team player and a real fighter."  Chambers & Partners UK 2017

"His reputation for heavyweight commercial disputes is second to none. He shows incredible attention to detail and has a forceful but charming court manner that instils confidence in the client team."  "He is very bright, very hard-working and an utterly fearless advocate who also understands the mood of the court and how best to present the case to the judge in question."  Chambers & Partners Global 2017

The Lawyer newspaper has listed among its ‘Top 20 Cases of 2016' Retailers v MasterCard and Retailers v Visa  in which Paul is instructed to lead the counsel team in the forthcoming competition damages trials brought in the Commercial Court by 12 major national retailers against MasterCard and Visa. The Lawyer also featured Varma v Mittal in which Paul acted for Lakshmi Mittal (Commercial Court) amongst its ‘Top 20 Cases of 2013' and (in January 2014) in its 2014 survey of the ‘Top Cases of Last Year'.

"Owns a case from day one."  Legal 500 2016

"An outstanding advocate who wades through the complexities making headline points.” Legal 500 2015 

‘A popular silk with instructing solicitors, particularly for commercial contract, banking and civil fraud disputes. He is regularly called upon for high-profile cases and significant international arbitrations. Expertise: "Very forensic, good in court, very good with clients and extremely commercial. An excellent QC." "He instils confidence and is a real team player."'  Chambers & Partners UK 2015

‘Widely praised for his expertise in commercial, banking and business litigation. Sources attest to his astute handling of complex legal issues and his determined advocacy. Expertise: "A high-calibre barrister with experience in high-profile and complex cross-border litigation." "Our first choice for complicated commercial and technical disputes."'  Chambers & Partners Global 2015

‘An enormous talent; fastidious, focused and hugely energetic'  Legal 500 UK 2014

Paul Lowenstein QC is regularly instructed in the heaviest international and domestic fraud cases of the day. His work here overlaps to a great degree with his commercial, banking and professional negligence practice. He has particular relevant experience of:

Injunctions, freezing, search, imaging and Norwich Pharmacal orders and other interim remedies; asset tracing; enforcement action to secure the payment of domestic and foreign judgments and awards; conflict of laws international and domestic arbitration; domestic and international banking and other financial transactions and the relationship between deceit and contract/negligence claims against professionals.

Recent and current cases include:

Business claims against a clearing bank and others (2017) – advising a group of individuals who make serious allegations including fraud against one of the big four UK clearing banks and others after the assets of their companies were ‘stripped’ and their business taken from them by allegedly dishonest officers of the Impaired Asset division of the Bank and by ‘turnaround’ consultants imposed on them by the Bank.

Arcadia Petroleum and ors v Bosworth and ors (2015-) (Commercial Court) (with David Head) – acting for two of the defendants (based in Dubai and Mauritius) in substantial Commercial Court fraud litigation said to be worth $335 million.

Group Seven and Equity Trading Systems v Notable Services and ors (2015-) (Ch) (with Peter de Verneuil Smith) – defending a Swiss bank, LLB Verwaltung (Switzerland) AG, against allegations of fraudulent conspiracy and dishonest assistance following banking references allegedly given to English solicitors by one of its employees which are said to have caused the wrongful payment-away of the claimants' money.

Kazakhstan Kagazy Plc v Zhunus and ors (2013-) (with David Head and Paul Wee) acting for the first defendant in an alleged £100 million corporate fraud claim said to have taken place in Kazakhstan; and in connection with associated claims. Jurisdiction, choice of law / foreign law, security for costs (judgment at [2015] EWHC 996 (Comm)) and other preliminary issues including successful resistance of application to amend to introduce proprietary claims (judgment at [2015] EWHC 117 (Comm)) and successful application for substantial interim payment on account of costs (judgment at [2015] EWHC 404 (Comm)). Non-molestation injunction. Security for costs, with issues over the enforceability of an English costs judgment in Kazakhstan. Further dispute between defendants regarding Contribution Notice and the right of a CN applicant to seek a Worldwide Freezing Order against a co-defendant (judgment at [2016] 4 WLR 86).

Alliance Bank JSC v Zhunus and ors (2014-15) (Commercial Court) (with David Head and Paul Wee) - acting for the first defendant in an alleged £170 million banking fraud claim said to have taken place in Kazakhstan.  Discharge of freezing order.

Professional Negligence Fraud Claims – (ongoing) (with William Edwards and Charlotte Eborall) - acting for a number of mortgage lenders (including nationalised banks) in their multi-claim managed actions against fraudulent and negligent conveyancing solicitors, valuers and other individuals. Please refer to Paul's specialist Professional Liability CV for more details

PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov (2015) (Commercial Court) – Committal proceedings for contempt of court - adjournment - issues of access to justice where the alleged contemnor was in a refuge in the Ukraine and subject to Ukrainian asset freezing order which prevented him using his own money to pay English costs

JSC BTA Bank v Soldochenko and others (the AAA Litigation) (2011-15) (Ch) - acting for Anatoly Ereschenko (17th Defendant) is his defence of claims in which he is alleged to have assisted in the facilitation of serious fraud said to have been suffered by the claimant Kazakh bank. Concurrent issues relating to Norwich Pharmacal disclosure obligations. Contested application to cross-examine regarding disclosure determined by Henderson J in April 2011 [2011] EWHC 843 (Ch). Extended interim cross-examination on Norwich Pharmacal disclosure in June and November 2011. Successful defence at trial before Vos J of contempt of court / committal proceedings in which the claimant bank alleged that Ereshchenko had lied in evidence given in response to the disclosure order and under cross-examination [2012] EWHC 1891 (Ch). Successful defence of the bank's appeal against Vos J's refusal to commit Mr Ereshchenko for contempt of court [2013] EWCA Civ 1961. Several further interim judgments on applications in committal proceedings including [2012] EWHC 550 (Henderson J) and LTL 3/5/2012 (x 2) (Peter Smith J)

Directories:

Paul Lowenstein QC has expertise in litigation and has been involved in heavy trials, applications and forensic cross-examination. One peer notes, “He is highly competent and certainly a thorn in the side for the opposing side.”   Who’s Who Legal UK Bar: Civil Fraud 2017

"The presence in a courtroom he has is phenomenal."  Chambers & Partners UK 2017

"Fastidious and a brilliant advocate."  Legal 500 2016

'A heavyweight commercial silk with a notable presence in the civil fraud market. He regularly acts in the most heavyweight cases. "He was persistent, well prepared and did a very good job of marshalling material and putting together arguments."' Chambers & Partners UK 2016

“”A tenacious advocate” who is considered a “go-to for difficult cross-examination.” His experience in fraud matters and securing interim remedies is “revered” by peers”  Who’s Who Legal UK Bar 2016

Who's Who Legal - Asset Recovery 2014 lists Paul amongst only 25 UK barristers ‘...that stand out worldwide...'. The 2013 Guide commented that he is ‘..."particularly adept" at obtaining remedies such as injunctions, freezing and search orders and "always goes the extra mile" according to his clients...'

Paul Lowenstein QC’s extensive commercial, financial and fraud practice means that he regularly acts both for and against domestic and international banks and other financial institutions. His work here overlaps to a great degree with his commercial, fraud and professional negligence practice. He has particular relevant experience of:

Banking fraud; injunctions, freezing, search, imaging and Norwich Pharmacal orders and other interim remedies; asset tracing; enforcement action to secure the payment of domestic and foreign judgments and awards; complex financial transactions; claims arising out of business and asset sale agreements; mortgages and secured lending; contract/negligence and deceit actions against professional advisers to lenders

Recent and current cases include:

Business claims against a clearing bank and others (2017) – advising a group of individuals who make serious allegations including fraud against one of the big four UK clearing banks and others after the assets of their companies were ‘stripped’ and their business taken from them by allegedly dishonest officers of the Impaired Asset division of the Bank and by ‘turnaround’ consultants imposed on them by the Bank.

Retailers (Asda, Arcadia, Wm Morrison and others) v MasterCard  and  Retailers v Visa: Payment Card Interchange Fee Competition Damages Claims (2015-2017) (with Fergus Randolph QC, Christopher Brown, Max Schaefer and Hannah Glover) – Instructed as lead counsel for the 12 claimant groups, all well-known national retailers, in their separate Commercial Court competition damages actions worth hundreds of millions of pounds against MasterCard and Visa to recoup credit and debit card charges (Multilateral Interchange Fees) on the basis that the defendants operated alleged cartel arrangements in connection with their charging structures. The action against MasterCard was tried in the Commercial Court over 20 days in 2016: [2017] EWHC 93 (Comm). The claims against Visa settled in February 2017 after 33 days of trial.   These actions were named amongst the ‘Top 20 Cases of 2016' and 2014 by The Lawyer newspaper and said to be the largest ever such claims launched in the English courts.

Kazakhstan Kagazy Plc v Zhunus and ors (2013-) (with David Head and Paul Wee) acting for the first defendant in an alleged £100 million corporate fraud claim said to have taken place in Kazakhstan; and in connection with associated claims. Jurisdiction, choice of law / foreign law, security for costs (judgment at [2015] EWHC 996 (Comm)) and other preliminary issues including successful resistance of application to amend to introduce proprietary claims (judgment at [2015] EWHC 117 (Comm)) and successful application for substantial interim payment on account of costs (judgment at [2015] EWHC 404 (Comm)). Non-molestation injunction. Security for costs, with issues over the enforceability of an English costs judgment in Kazakhstan. Further dispute between defendants regarding Contribution Notice and the right of a CN applicant to seek a Worldwide Freezing Order against a co-defendant (judgment at [2016] 4 WLR 86).  Also acting in the related action: Alliance Bank JSC v Zhunus and ors (2014-15) (Commercial Court)

Group Seven and Equity Trading Systems v Notable Services and ors (2015-) (Ch) (with Peter de Verneuil Smith) – defending a Swiss bank, LLB Verwaltung (Switzerland) AG, against allegations of fraudulent conspiracy and dishonest assistance following banking references allegedly given to English solicitors by one of its employees which are said to have caused the wrongful payment-away of the claimants' money.  Choice of law and Swiss banking secrecy issues.

Integrated Global Card Payments IT Services: Earn-out and Warranty Dispute (2014-15) (with Adam Kramer) – acted for the sellers of a substantial hi-tech business which provided payment card processing solutions in connection with their claims against the buyers for unpaid earn-out payments, and in defence of threatened warranty cross-claims. Significant technical detail overlaying a complex contractual and financial framework.

Ignis Asset Management Ltd. v Heming (2014) (Ch) – (with James MacDonald) – acting for the Defendant software developer in a claim for alleged breach of confidence etc relating to proprietary software following his resignation from the employment of the Claimant asset managers. Imaging orders

PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov (2015) (Commercial Court) – Committal proceedings for contempt of court - adjournment - issues of access to justice where the alleged contemnor was in a refuge in the Ukraine and subject to Ukrainian asset freezing order which prevented him using his own money to pay English costs.

Hedge Fund Introducer Commissions (2013-14) – advising a leading hedge fund on a dispute over contractual arrangements for the payment of introduction of business commissions

JSC BTA Bank v Soldochenko and others (the AAA Litigation) (2011-15) (Ch) - acting for Anatoly Ereschenko (17th Defendant) is his defence of claims in which he is alleged to have assisted in the facilitation of serious fraud said to have been suffered by the claimant Kazakh bank. Concurrent issues relating to Norwich Pharmacal disclosure obligations. Contested application to cross-examine regarding disclosure determined by Henderson J in April 2011 [2011] EWHC 843 (Ch). Extended interim cross-examination on Norwich Pharmacal disclosure in June and November 2011. Successful defence at trial before Vos J of contempt of court / committal proceedings in which the claimant bank alleged that Ereshchenko had lied in evidence given in response to the disclosure order and under cross-examination [2012] EWHC 1891 (Ch). Successful defence of the bank's appeal against Vos J's refusal to commit Mr Ereshchenko for contempt of court [2013] EWCA Civ 1961. Several further interim judgments on applications in committal proceedings including [2012] EWHC 550 (Henderson J) and LTL 3/5/2012 (x 2) (Peter Smith J)

Directories:

‘A popular silk with instructing solicitors, particularly for commercial contract, banking and civil fraud disputes. He is regularly called upon for high-profile cases and significant international arbitrations. Expertise: "Very forensic, good in court, very good with clients and extremely commercial. An excellent QC." "He instils confidence and is a real team player."' Chambers & Partners UK 2015

Paul Lowenstein QC has expertise in:

Information Technology and Telecommunications disputes including internet, website, computer, hardware, software, e-publishing, high-tec and "dot.com" disputes and of all aspects of fixed and cellular telecoms contractual and service litigation. His experience also leads him to be instructed in cases where IT is applied to litigation, such as in applications for imaging orders. His work in this area often overlaps with complex commercial, financial, banking and professional negligence disputes.

Recent cases include:

Misappropriation of business secrets claim against ‘Tech Giant’ (2017) – acting for an online tech company in respect of its claims against one of the largest ‘Tech Giants’ for alleged misappropriation of business secrets in the face of a non-disclosure agreement.

Integrated Global Card Payments IT Services: Earn-out and Warranty Dispute (2014-15) (with Adam Kramer) – acted for the sellers of a substantial hi-tech business which provided payment card processing solutions in connection with their claims against the buyers for unpaid earn-out payments, and in defence of threatened warranty cross-claims. Significant technical detail overlaying a complex contractual framework.

Taxi Despatch Software Licensing Dispute (2014) – advised and represented (at mediation) a firm of specialist software developers and engineers who had licensed bespoke despatch and scheduling software to a well-known London private hire taxi company. Allegations of misuse and issues concerning the global resolution of the relationship between the parties

Ignis Asset Management Ltd. v Heming (2014) (Ch) (with James MacDonald) – acting for the Defendant software developer in a claim for alleged breach of confidence etc relating to proprietary software following his resignation from the employment of the Claimant asset managers. Imaging orders

Telecoms contract dispute (2013) – advising a well-known business services company in connections with its obligations under (and consequences of termination of) a substantial contract with a telecoms major for the provision of a Wide Area Network and other telecoms services

Powernet Telecom Plc v Teathers (in liquidation) (2012-13) (Ch) (with William Edwards) – acted for the joint liquidators of the respondent firm of stockbrokers in insolvency and related Chancery proceedings. Core allegations of negligence in connection with a retainer to assist the applicant to raise finance in a private placement of shares in a dot com. Issues concerning the viability of the business plan of the subject Telecom / Internet Service Provider

Global Crossing v Siemens - Acted for Global Crossing in a dispute with Siemens relating to the hand-over of elements of the sub-contract for the provision of telephone services to the UK Government and Government agencies. Threatened injunction action.

Cable & Wireless v European Technology Group - acted for C&W in its action for the collection of Operation & Maintenance charges arising under a Point-to-Point fibre optic cable IRU (irrefutable right to use) contract - provision and acceptance testing of light and dark fibre cable routes between European hubs - consideration of hollow swap agreements.

Directories:

"Brilliant on his feet, he's really hard-working and a real team player."  "A very effective and very tenacious kind of opponent."  Chambers & Partners UK 2017

"He's a very good advocate and bloody aggressive. He's particularly punchy in terms of the language he uses."  Chambers & Partners UK 2017

"He takes control of a case and always has a clear vision of strategy from the beginning."  Legal 500 2016

'A well-established figure at the Technology Bar who has substantial overlapping intellectual property expertise. He is especially adept at matters relating to software development and licensing, and electronic payment systems. "He is easy to work with, is excellent under pressure and gets to grip with the details quickly."' Chambers & Partners UK 2016

IT and telecoms (excluding regulatory) – Leading silks: ‘A strong track record of winning cases in this area.’ Legal 500 2015

‘Has a broad commercial litigation practice, and is particularly noted for his expertise in technology-based sectors, such as IT and telecoms. Expertise: "A good, punchy advocate." "One of the big hitters from that set."'  Chambers & Partners UK 2015

‘Highly recommended for his handling of disputes concerning internet businesses and websites, computer technology, outsourcing contracts, interactive video and telecoms systems. Expertise: "He is tough and decisive, and shows fantastic attention to detail."'  Chambers & Partners UK 2014

‘He is a forceful advocate, who is completely committed to his cases' Legal 500 2014

Paul Lowenstein QC has expertise in:

Complex professional liability and deceit claims, principally acting for lenders in heavy, managed actions against solicitors, surveyors, valuers, accountants and auditors. Much of Paul’s work in this area overlaps with his commercial, banking, fraud and IT practice

Recent and current cases:

Paul has for many years advised and acted for a number of mortgage lenders (including Mortgage Express, Bradford & Bingley, Northern Rock, Platform Home Loans, Britannia, Royal Bank of Scotland and Bank of Scotland) as lead counsel in a number of single and managed multi-claim actions (each comprising between 60 and 1,000+ cases) and proposed actions against solicitors, valuers, mortgage brokers, packagers and borrowers, including:

Mortgage Express v Countrywide (2013-16) Leeds ChD (with Charlotte Eborall) – acted for the claimant lender in its successful claims brought in deceit for damages arising out of losses sustained following gross over-valuation of rental assessments used to support buy-to-let mortgages over 40+ properties in Eastbourne. Trial in January 2016: [2016] EWHC 224 (Ch)

NRAM v Lambert Smith Hampton (2015-) (with Charlotte Eborall) – acted for the claimant in its claim arising out of the allegedly negligent over-valuation of a group of commercial care homes

Mortgage Express and NRAM v Countrywide (2013-15) (with William Edwards) – acted for the claimants who are suing valuers for damages for alleged dishonest and/or negligent over-valuations of 70+ buy-to-let properties in Leeds.  Successful appeal to the Court of Appeal regarding the construction of a limitation standstill agreement, which had the effect of allowing Mortgage Express to advance 40+ of its claims in the tort of deceit: [2015] EWCA Civ 1110

Powernet Telecom Plc v Teathers (in liquidation) (2012-13) (Ch) (with William Edwards) – acted for the joint liquidators of the respondent firm of stockbrokers in insolvency and related Chancery proceedings. Core allegations of negligence in connection with a retainer to assist the applicant to raise finance in a private placement of shares in a dot com. Issues concerning the viability of the business plan of the subject Telecom / Internet Service Provider

GMAC-RFC Ltd v. (1) Watson & Brown (2) Connells and others (London Mercantile Court) - (with Rajesh Pillai) - advised and acted for the claimant Lender in its 200+ simultaneous managed claims for conveyancing negligence and breach of fiduciary duty against the first defendant solicitors and for valuation negligence against the second defendant valuers.

Mortgage Express v. SFM Legal Services Ltd. and others (Manchester Mercantile Court) - (with Charlotte Eborall) solicitor's fraud, breach of equitable duties and conveyancing negligence in relation to 724 conveyancing transactions - acting for the Claimant lender - obtained a series of search, property preservation, delivery-up, 'gagging' freezing and Norwich Pharmacal orders against the Defendant solicitor and others

Directories:

"Very experienced."  Legal 500 2016

Paul Lowenstein QC ‘Comes highly recommended by solicitors, who rate him for his practical advice on professional negligence. He tends to be instructed on matters involving solicitors, accountants and auditors, but also acts on a wide range of other matters.'  Chambers & Partners UK 2014

Professional negligence – Leading silks ‘Knowledgeable and experienced.’ Legal 500 2015

Paul Lowenstein QC has particular relevant experience of:

Entertainment and Media cases, including actions for breach of confidence and privacy; video and interactive games litigation; royalty accounting and distribution disputes. Paul is also experienced in art litigation, including high profile disputes over the ownership and provenance of artworks, artefacts and antiquities. Paul’s work in this area regularly overlaps with his commercial and fraud practice

Cases in this area include:

Tamara Ecclestone v Omar Khyami and ors  (with Jeremy Reed and David Head) - represented Tamara Ecclestone at trial and earlier mediation of this substantial action in a dispute which concerned claims and cross-claims in privacy, breach of confidence, non-molestation and regarding the title to and damages flowing from the alleged conversion of a Lamborghini car. Successful restriction of the principal damages counterclaim from £6+ million originally claimed and from the £415,000+ asserted at trial to a judgment award of only £7,500. Trial judgment at [2014] EWHC 29 (QB)

Newspaper Group Fulfilment Contract Dispute – advised a leading national newspaper and media group in relation to a dispute with its former contractor for the fulfilment of customer services and online customer orders.

Islamic Republic of Iran v. Berend [2007] 2 All E.R. (Comm) 132 (QB, Eady J) dispute over title to ancient movable property (a fragment originally from Persepolis in Iran) and offered for sale by auction in London - successful defence at trial of Iran's claim to possession. Conflict of laws - law applicable to movable property abroad. First judicial consideration of the relevance of the doctrine of renvoi to the transfer of title to tangible movable property abroad. Consideration of French domestic law and conflict of laws

HIT Entertainment Ltd v. Gaffney International Licensing Pty Ltd [2007] EWHC 1282 (Ch, Sir Donald Rattee) jurisdiction - principles applicable at common law to application for stay where the claimant relies on a non-exclusive jurisdiction clause - effect of Art.23 of EC Regulation 44/2001 - whether scope for application of doctrine of forum non conveniens in Art.23 cases

Sawyer v. Atari Interactive Inc [2007] EWCA Civ 170 (CA) interactive video games royalty accounting dispute - acted for the Defendant on its successful appeal against the striking out of its counterclaim - consideration of the principles on which new evidence is admitted on appeal - consideration of appropriate procedure on appeal when the law applied by the judge on striking out part of the counterclaim is presently under consideration in the House of Lords. The claim proceeded until it settled after a mediation (which I attended) on the eve of trial in January 2008 (led by Ian Mill QC). I appeared alone for the Claimant during the jurisdiction phase and at the hearings at first instance (Ch)

Crave Entertainment Inc v. Computer Game Play Ltd (2007) (Ch) acted (with Rajesh Pillai) for the U.S. - based claimant interactive video game development house in a licence fee dispute against an English game publisher. The action was stayed when the Defendant went into administration on the eve of trial

Rachmaninoff v. (1) Sotheby's (2) Terenyi [2005] (QB, David Steel J) acted for Mrs Terenyi in her defence of the claim for possession of the manuscript of Rachmaninoff's second symphony, which had been left to her in a will

Directories:

‘...recently advised a complainant on contractual aspects of the months-long suspension of the PlayStation Network.  Sources speak of him as a well-trained team player with a sound commercial ethos.'  Chambers & Partners UK 2013

Paul is a qualified CEDR mediator and regularly appears as an advocate in mediations. He has an intimate knowledge of the mediation process derived from his training as a mediator and through his experience in mediation.

Examples of Paul's work in this area include:

Integrated Global Card Payments IT Services: Earn-out and Warranty Dispute (2014-15) – acted at mediation for the sellers of a substantial hi-tech business which provided payment card processing solutions in connection with their claims against the buyers for unpaid earn-out payments, and in defence of threatened warranty cross-claims. Significant technical detail overlaying a complex contractual framework

Taxi Despatch Software Licensing Dispute (2014) – advised and represented (at mediation) a firm of specialist software developers and engineers who had licensed bespoke despatch and scheduling software to a well-known London private hire taxi company. Allegations of misuse and issues concerning the global resolution of the relationship between the parties

Ecotricity Group Ltd v Tesla Motors (2014) (Ch) represented Tesla Motors, the respondent electric battery-powered volume car manufacturer at mediation in a dispute where it is defending the claimant power supplier's claims for injunctions for alleged procurement of breach of contract and misuse of confidential information and counterclaims alleging breach of UK and European Competition Law

Tamara Ecclestone v Omar Khyami and ors (2013) (QBD) - represented Tamara Ecclestone at trial and earlier mediation of this substantial action in a dispute which concerned claims and cross-claims in privacy, breach of confidence, non-molestation and regarding the title to and damages flowing from the alleged conversion of a Lamborghini car. Successful restriction of the principal damages counterclaim from £6+ million originally claimed and from the £415,000+ asserted at trial to a judgment award of only £7,500. Trial judgment at [2014] EWHC 29 (QB)

ANC Harlow & ors v FedEx UK Ltd and anor (the “FedEx Franchisee Litigation”) (2010-11) – represented FedEx at mediation in its defence of claims by 23 of its franchisees for further payments under a franchise bonus scheme.

EMDA Business Holding Corporation & Ors v GEV Offshore & ors (2010) (Commercial Court) – represented the claimant oil exploration industry maintenance contractors at mediation in connection with their action against Defendant company and former directors of the claimant who had taken very large sums of money from the claimant company and had set up a competing business.

Sectrack NV v. (1) Satamatics Ltd (2) Jan Leemans (2008) commercial injunction and misuse of confidential information dispute. For the Claimant at the mediation, held urgently after the return date of the injunction application in the Commercial Court. The mediation lasted approximately 37 hours

Westminster School

Manchester University LLB (Hons)

Cambridge University LLM

Chairman of Bar Disciplinary Tribunals

CEDR Accredited Mediator (1997)

COMBAR, Professional Negligence Bar Association, London Common Law and Commercial Bar Association, Commercial Fraud Lawyers Association

Member of the Honorary Advisory Board of the University of Manchester Review of Law, Crime and Ethics

Active senior advocacy trainer at the Middle Temple and teaches advocacy in Chambers

Paul is a Chairman of the Trustees of the International Law Book Facility (www.ilbf.org.uk), a registered charity which provides used printed legal texts to the developing world. Paul was nominated for the 2015 Sydney Elland Goldsmith Bar Pro Bono Award announced by the Bar Pro Bono Unit. The award is presented annually in recognition of outstanding commitment to pro bono work. Paul was nominated for his work with the ILBF.

Co-authored the chapter on Interim Injunctions to "Cases that Changed our Lives, Volume 2" pub. LexisNexis (2014).

Contributed the chapter on Mareva Injunctions / Freezing Orders to "Cases that Changed our Lives" pub.  LexisNexis (2010).

‘Location, Location, Location - Why London Has Become the Centre for International Litigation' (2012) NLJ 534

Conferences and panels:

Chairman of and speaker at a seminar on Recent Developments in Commercial and Commercial Fraud Law, Leeds, July 2017

Chairman of and speaker at a seminar on Managing Large Scale Litigation, London, June 2017

Speaker on Routes of Access to the Commercial Bar - Durham University Faculty of Law, March 2017

Chairman of a seminar on Recent Developments in Commercial Law, Leeds, September 2014

Speaker on Recent Developments in the Law of Contempt to a meeting of the Commercial Fraud Lawyers Association, London, June 2014

Speaker on Routes of Access to the Commercial Bar - Manchester University Faculty of Law, February 2014

Chairman of the LexisNexis International Fraud Litigation conference in April 2013 and 2012, London and speaker on Preservation of Electronic Evidence and the European Account Preservation Order Regulation (2012)

Speaker on "The Exceptional Becoming the Mainstream" at the Legal Week Commercial Litigation Forum, London, September 2011

Speaker on Interim Remedies In Commercial Fraud Actions at the C5 Fraud, Asset Tracing and Recovery conference in April 2011, Geneva and at the LexisNexis International Fraud Litigation conference in May 2011, London

Other talks and seminars

‘Trial Before the Trial' - Aspects of the Use of Committal Procedure in Commercial Fraud Litigation

Search, Preserve, Enforce - The use of commercial pre-emptive remedies and enforcement techniques for the enforcement of judgments in the Family Courts

Preserve and Freeze - Aspects of the Practical Use of Interim Remedies

Getting Injunctions (originally presented as a LexisNexis Webinar)

Trial Preparation - Tips on Working with QCs and Judges

Mortgage Lenders' Claims - Overview and Practical Tips

The Lawyer's Role in Mediation

French (competent), some German and Italian